ALJDEC

99F-OGC970256-COS · State Board of Cosmetology · 1999-10-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 28, 1999 APPEARANCES: Bridgett F. Harrington, Assistant Attorney General, appeared representing the Arizona State Board of Cosmetology. Neither Ae Sook Kim Kho, nor anyone on her behalf, appeared for the hearing. ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn _____________________________________________________________________ This matter came on for hearing on September 28, 1999 pursuant to the Arizona State Board of Cosmetology (Board) Notice of Formal Hearing issued on August 24, 1999. Based on the record, the following determinations and recommendations are made: FINDINGS OF FACT 1. Ae Sook Kim Kho is the holder of License No. 19700432 for the practice of cosmetology in Arizona. 2. Under a Consent Agreement and Order dated June 3, 1997, setting forth agreed violations of Arizona Revised Statutes (A.R.S.) §32-572.A.6 and §32-574.A.1 and A.2 [for practicing cosmetology without a license], the Board agreed to issue to Licensee a license to practice cosmetology and Licensee agreed to two years of probation and a penalty of $500.00 (to be paid in monthly installments within ten months of the Board’s Order). 3. That Consent Agreement also set forth that Licensee was to take an Infection Protection Class within one month from the effective date of that Order. The Consent Agreement also set forth that Licensee was to take two additional Board pre-approved[1] continuing education classes: one on Perms and one on Colors. 4. Licensee Kho has attended the Infection Protection class and has paid the administrative penalty, but has not attended the two other Board mandated continuing education classes. 5. Classes on Perms and Colors are routinely offered through manufacturers and information is available at beauty supply houses. 6. 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 to the Board with Licensee’s signature thereon. 7. On August 26, 1999, Licensee came into the Board’s offices, with a translator, and met with Penny O’Dell. Miss O’Dell testified that she explained to Licensee the Notice of Hearing and the Consent Order requirements. Miss O’Dell testified that she believed Licensee had fully understood what the Notice and the hearing was about. 8. At the hearing, neither Ae Sook Kim Kho, nor anyone on her behalf, appeared for the hearing. 9. At the hearing, the Board argued that Licensee is in violation of A.R.S. §32-572.A.9, a failure to comply with the Board’s Order. 10. The Board’s representative requested that the tribunal consider a recommendation that the cited License be revoked, but that the revocations be stayed for one month during which time Licensee may comply with the terms of the Consent Agreement and Order, and if no compliance was made, then the License would be automatically revoked at that time. The Board’s representative requested that the Licensee remain on probation while she complies.

CONCLUSIONS OF LAW 1. The Board has jurisdiction in this matter pursuant to A.R.S. §32- 501 et seq. 2. Licensee’s noncompliance with the June 3, 1997 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 the cited License be revoked effective three months from the Board’s Order unless before that time the Licensee complies with the previously agreed to Consent Agreement and Order, by taking both of the remaining two mandated continuing education classes [one on Perms and one on Colors] and having those classes be approved by the Board. RECOMMENDED this day, October 4, 1999.

______________________________________ Kay A. Abramsohn Administrative Law Judge

Transmitted by mail this ____ day of ____________, 1999, to:

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

By ___________________________ ----------------------- [1] “Pre-approval” is acceptance by the Board of the class taken being an appropriate class of the type the Board had mandated.

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 PH(602) 542-9826/ FAX 542-9827