ALJDEC

98F-TC970521-COS · State Board of Cosmetology · 1998-06-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 3, 1998

APPEARANCES: Neither Juanita Valdez nor any person on her behalf arrived for the hearing. Bridget F. Harrington, Assistant Attorney General, appeared for the Arizona State Board of Cosmetology.

ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn _____________________________________________________________________

This matter came on for hearing on June 3, 1998 pursuant to the Arizona State Board of Cosmetology (Board) Notice of Formal Hearing issued on May 13, 1998. Based on the record, the following determinations and recommendations are made: FINDINGS OF FACT 1. Juanita Valdez in the holder of License No. 17516605 for the practice of cosmetology in Arizona. 2. Juanita Valdez is the owner and manager of Guys & Gals Hair Shop, License No. C1391 for the operation of a cosmetology business at 105 East 4th Street in Eloy, Arizona. 3. After the Board had received a previous complaint regarding the salon, an Inspector/Investigator for the Board attempted to make an inspection of the salon, but was unable to do so. The Inspector went to the salon location on May 8, 1997, at approximately 2:00 p.m. Although the hours, as posted on the door, were 8:30 a.m. to 6:00 p.m. for that day, the salon door was locked, and the woman inside would not come to the door to open the door, but rather, she ducked into a back room. It is unknown if the woman inside was Juanita Valdez. 4. The Inspector observed a License posted on the wall, but could not see the License number.

5. The Inspector observed a styling chair, the upholstery of which was ripped out and torn. The Board argued that Licensee is in violation of Arizona Administrative Code (A.A.C.) R4-10-109.C, .H, and .L, which regulate the condition and sanitation of the furniture in a salon. 6. The Inspector observed excessive hair on the floor in a cutting area. The Board argued that Licensee is in violation of A.A.C. R4-10- 109.L, as to hair on the floor of a salon. 7. The Inspector observed a dog sleeping on a pile of blankets on the floor. The Board argued that Licensee is in violation of A.A.C. R4-10- 109.O, which prohibits a dog in a salon. 8. The Inspector observed towels in a laundry basket on the floor. 9. The Inspector observed a crate of tools in the front waiting area. 10. As she left, the Inspector left a note with the complaint and the affidavit form to be filed with the Board. 11. An informal interview was scheduled, and Juanita Valdez did not appear. 12. On September 3, 1997, the Board received a letter (dated August 26, 1997) from Juanita Valdez along with the Establishment License. The letter states that she had closed the salon in April 1997 for extensive remodeling and would apply for a License when the shop is fully up to standard. 13. Previously, the Board had found violations at a routine inspection for: a dog being in the salon; no wet sanitizer; no disinfectant for the combs, drips on the wall; unclean clippers; linens not in a closed closet; and the bathroom out-of-order as it was on a previous inspection. In case number OGC950491, the Board Ordered probation for 30 days ending November 1, 1995, and that the Salon was to come in compliance with inspection standards. 14. On December 18, 1997, there was another routine inspection, which found: a delinquent License; used perm rods in a basket; combs and brush rollers soiled; and sheetrock walls being torn up. In OGC980333, the Board Ordered: a civil penalty of $100.00 to be paid by July 15, 1998; three months probation ending August 1, 1998; and for the Licensee to attend both the law review and infection protection class before the end of probation. A consent agreement was executed in May 1998 regarding OGC980333. 15. The Board’s Notice of Hearing was issued to Licensee’s last known address on file with the Board; the Notice was sent by certified mail, return receipt requested and by regular mail. The green card receipt was returned, signed by Juanita Valdez. 16. The Board’s representative requested that the tribunal consider a recommendation that both of the cited Licenses be revoked, but that the revocations be stayed for six months with several conditions placed on the licenses. CONCLUSIONS OF LAW 1. The Board has jurisdiction in this matter pursuant to A.R.S. §32- 501 et seq. 2. The Board has authority to make inspections at any time during the posted business hours pursuant to A.R.S. §32-504.B. 3. The alleged violations described in Findings of Facts Numbers 5 through 8 constitute violations of sanitation rules and, therefore, a violation of A.R.S. §32-541.B, which requires all safety and sanitation ruled to be followed while a salon is open. 4. A licensee’s noncompliance with a Consent Agreement and Order is a violation of A.R.S. §32-572.A.9. RECOMMENDED ORDER Based on the foregoing, IT IS RECOMMENDED that both the cited Licenses be revoked, but with a six month stay period, effective six months from the Board’s Order in this captioned matter unless the following conditions are met: 1. As to the Salon license [License C1391], the License is suspended during the six month stay period, and cannot be open at any time during the stay period; 2. That the Salon is to come into compliance with all sanitation rules and regulations, and the Salon must pass a inspection within the stay period; 3. That the Salon apply for and receive a new Salon License within the stay period; 4. As to the Personal License [License 17516605], that Juanita Valdez is on probation for the stay period, which allows her to work elsewhere during that time, but not at this establishment location; and 5. That Juanita Valdez comply with the Consent Agreement and Order in OGC980333 within the six month stay period. IT IS FURTHER RECOMMENDED that Juanita Valdez be fined $250.00 in civil penalty, and pay that $250.00 in civil penalty within the stay period. IT IS FURTHER RECOMMENDED that if these conditions are not met within the stay period, that the Establishment and the Personal Licenses both be revoked effective immediately. IT IS FURTHER RECOMMENDED that if all these conditions are met within the stay period, the Salon may reopen and operate, and the probation imposed on Juanita Valdez would terminate. RECOMMENDED this day, June 22, 1998.

______________________________________ Kay A. Abramsohn Administrative Law Judge

Transmitted by mail this ____ day of ____________, 1998, to:

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

By ___________________________ -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 PH (602) 542-9826 / FAX 542-9827