ALJDEC

99F-TC980125-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. Anthony K. Pham (“Licensee”), holder of personal license no. 19601030, appeared on his 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.19601030. 2. Evidence of record established that on February 20, 1998 Department entered an Order against Licensee following a previously held Informal Interview on February 6, 1998. The terms of said Order placed Licensee on probation for six (6) months, ending on September 1, 1998 and required, as terms of said probation, that Licensee attend an infection protection class and to take and pass the state board nail technician exam.

3. Uncontroverted evidence of record established that although Licensee completed the infection protection class, he failed to take the state board nail technician exam. 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. By way of mitigation, it is important to note that Licensee has difficulty with the English language and apparently did not understand the full requirements of the prior Order of Department.

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 Anthony K. Pham, no. 19601030, shall be revoked ninety (90) days after the effective date of the Order entered in this matter. It is further recommended that if Licensee takes and passes the state board nail technician exam 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 12, 1999.

_______________________________ MARK A. SILVER Administrative Law Judge

Copies mailed 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