ALJDEC

98F-OGC980249-COS · State Board of Cosmetology · 1999-02-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 27, 1999

APPEARANCES: The Arizona State Board of Cosmetology (“Department”) was represented by Assistant Attorney General, Bridget Harrington. Terry Jackson (“Licensee”), holder of personal license no. 18700159, failed to appear for the scheduled hearing. Licensee is the owner of Shear Class Hair Designers (“Shear”), salon license no. C3778.

ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. At all times material to the matter herein, Licensee was the holder of personal license no.18700159 and the owner of Shear, salon license no. C3778. 2. Evidence of record established that on or about January 6, 1998 Licensee signed a consent agreement with Department as a means to avoid license disciplinary proceedings by Department. 3. The salient portions of the aforementioned consent agreement and Order of Department provided as follows: a. Licensee was placed on a period of six (6) months probation and during said period of time she was required to pay a civil penalty of $250.00. 4. There was no evidence presented at the instant hearing indicating that any penalty was imposed against the license of Shear by the prior consent agreement. In fact, the documentation regarding the consent agreement presented into evidence, merely makes reference to the personal license of Licensee. 5. Undisputed evidence of record established that although Licensee made two payments of $50.00 toward the civil penalty imposed against her license, she has failed to pay the balance ($150.00) of said civil penalty. The failure to comply with all of the terms and conditions of the consent agreement warrants imposition of disciplinary sanctions against the personal license of Licensee. 6. It was adequately demonstrated that Licensee was duly notified of the date and time of the scheduled hearing. By her failure to appear for the hearing, she failed to present any matters in defense or mitigation.

CONCLUSIONS OF LAW

1. This matter is within the jurisdiction of Department pursuant to A.R.S. §32-501, et seq. 2. Pursuant to the provisions of A.R.S. § 32-571, Department has the authority to impose disciplinary sanctions against a licensee. 3. A.R.S. § 32-572(A)(9) provides that Department may take disciplinary action for “failing to comply with an order of the board.” 4. Uncontroverted evidence of record established that Licensee failed to comply with the terms and conditions of a prior consent agreement, thereby supporting disciplinary action by Department under the provisions of A.R.S. § 32-572(A)(9). . . . . . . . . . . . . RECOMMENDED ORDER

In view of the foregoing, it is recommended that personal license of Terry Jackson, no. 18700159, shall be revoked on the effective date of the Order entered in this matter. It is further recommended that if the balance due on the civil penalty described in Findings of Fact 3 (a), above, is fully paid to Department on or before the effective date of the Order entered in this matter, then the above-provided license revocation shall not take place but instead that personal license no.18700159 shall be placed on a period of disciplinary probation for ninety (90) days. This alternative penalty shall commence, if at all, on the effective date of the Order entered in this matter.

Done this day, February 8, 1999.

______________________________________ MARK A. SILVER Administrative Law Judge

Original transmitted by mail this ____ day of February, 1999, to:

Arizona State Board of Cosmetology Sue Sansom, Executive Director ATTN: Cheryl Adams 1721 East Broadway Tempe, AZ 85282

By _______________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826