ALJDEC

99F-OGC970012-COS · State Board of Cosmetology · 1999-04-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 31, 1999 APPEARANCES: The Arizona State Board of Cosmetology (“Department”) was represented by Assistant Attorney General, Bridget Harrington. Sylvana Acevedo (“Licensee”), holder of personal license no. 18124189, failed to appear for the scheduled hearing. 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.18124189. 2. Evidence of record established that on May 11, 1998 Department entered an Order, following a formal hearing, wherein Licensee was placed on probation for six (6) months. The terms of the probation required Licensee to pay a civil penalty of $300.00 and to attend the law review class given by Department. Licensee had until November 30, 1998 to comply with the terms and conditions of Department’s Order. 3. Undisputed evidence of record established that Licensee failed to pay the civil penalty and to attend the law review class. The failure to comply with all of the terms and conditions of the prior Order of Department warrants imposition of disciplinary sanctions against the personal license of Licensee. 4. 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 Order of Department, 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 the personal license of Sylvana Acevedo, no. 18124189, shall be revoked ninety (90) days after the effective date of the Order entered in this matter. It is further recommended that if the $300.00 civil penalty is fully paid to Department on or before ninety (90) days following the effective date of the Order . . . . . . . . . . . . entered in this matter, then the above-provided license revocation shall not take place but instead that this matter shall be closed Done this day, April 6, 1999.

______________________________________ MARK A. SILVER Administrative Law Judge

Original transmitted by mail this ____ day of April, 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