ALJDEC

99F-970174-COS · State Board of Cosmetology · 1999-05-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 28, 1999 APPEARANCES: The Arizona State board of Cosmetology (“Department”) was represented by Assistant Attorney General, Bridget Harrington. Zoya Rennka (“Licensee”), holder of personal license no. 3960044, failed to appear. 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. Prior to the date of the scheduled hearing, Licensee filed a document with the Office of Administrative Hearings, which was deemed to be a motion to continue. The motion was duly denied and Licensee was advised of said denial. 2. At all times material hereto Licensee was the holder of personal license no. 39600044. The license was issued for the purpose of allowing Licensee to practice aesthetics (skin care) and was issued to Licensee in 1996. 3. On or about October 15, 1998, Department received a complaint that Licensee was practicing aesthetics out of her home. Her home is not a licensed establishment. Based on receipt of this information, Department assigned an inspector/investigator (“inspector”) to investigate the complaint. 4. The following undisputed salient facts regarding the inspector’s investigation were established at the instant hearing: a. On or about October 1998, the inspector contacted Licensee by telephone, without identifying herself as an employee of Department, and inquired about having a facial performed. At the time of this phone contact, Licensee advised that she worked out of her home, located at 332 W. Windowmaker Road, Oro Valley, Arizona. As mentioned above, this address is not licensed by Department. b. Licensee mailed information to the inspector about her skin care practice. Evidence of record demonstrated that the printed information received by the inspector showed that Licensee was providing facial skin care out of her home, located at the above described Windowmaker Road address. c. Licensee has never submitted an application to license her home location in order to provide aesthetics out of said location. d. After receipt of the above information, Department requested that Licensee appear for an informal interview and she failed to appear for same. 5. Licensee’s actions, in offering to perform and performing aesthetics out of her home without having an establishment license for said location, constitute violations of the applicable charged sections of the State’s Cosmetology laws. Licensee’s flagrant disregard for the cosmetology laws warrants the imposition of appropriate disciplinary sanctions. 6. Evidence of record demonstrated that Licensee was duly notified of the time and place of the instant hearing via registered and regular mail. Moreover, by virtue of the above-described motion to continue that she filed, it was clear that she had knowledge of the scheduled hearing. 7. By her failure to appear for the instant hearing, Licensee 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. The uncontroverted evidence of record established that the activities of Licensee outlined in the foregoing Findings of Fact constitute violations of A.R.S. §§ 32-572A (6), 32-574A (10), 32-574A (6), 32-574A (9), A.A.C. R4-10-106B and A.A.C. R4-10-401. 3. Pursuant to the provisions of A.R.S. § 32-571 Department has the authority to impose disciplinary sanctions against a licensee.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that personal license no. 39600044, issued to Zoya Rennka, shall be placed on a period of disciplinary probation for ninety (90) days, commencing on the effective date of the Order entered in this matter. The terms of said probation shall require Licensee to accomplish the following during said probationary period: a. Fully comply with all of the State’s Cosmetology laws. b. Pay a civil penalty of $300.00 to Department. c. Attend and complete Department’s law review class. d. Immediately cease and desist from practicing aesthetics or any other cosmetology related services from an unlicensed establishment. Any failure by Licensee to fully comply with the above-described terms of probation shall result in the automatic imposition of a revocation of her personal license by Department, without further proceedings.

Done this day, May 6, 1999.

______________________________________ MARK A. SILVER Administrative Law Judge

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

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

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826