ALJDEC

99F-TC980083-COS · State Board of Cosmetology · 1999-04-09

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. Jo A. Pike (“Licensee”), holder of personal license no. 18226457, appeared on her own behalf. 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.18226457. 2. Evidence of record established that on February 19, 1998 Licensee entered into a Consent Agreement with Department, wherein Licensee was to pay a $250.00 civil penalty on or before August 19, 1998. In the Consent Agreement Licensee agreed that she had violated specified provisions of the State’s Cosmetology laws. 3. Undisputed evidence of record established that Licensee made only two payments of $50.00 each, on the above-described civil penalty. Thus, Licensee failed to pay the remaining $150.00 balance on the 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.

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 Jo A. Pike, no. 18226457, shall be revoked ninety (90) days after the effective date of the Order entered in this matter. It is further recommended that if Licensee pays the total sum of $150.00 (the balance due on the above-described civil penalty) 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 8, 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