1. call to order 2. pledge of allegiance - arizona. 2021 board... · 2021. 4. 16. · alicia aleman...

1740 W Adams Phoenix AZ 85007

Telephone 480.784.4539 www.azboc.gov

ARIZONA STATE BOARD OF COSMETOLOGY TELEPHONIC BOARD MEETING MINUTES

March 19, 2021 at 9:00 a.m. 1740 W Adams, Suite 4400, Boardroom A

Phoenix AZ 85007

CALL IN INFORMATION DIAL: 1-219-401-0691

PIN NUMBER: 203 261 643#

Pursuant to A.R.S. § 38-431.02, notice is hereby given to the general public and to members of the Arizona State Board of Cosmetology that the Board will hold a meeting open to the public on the date and at the time indicated above. The Board reserves the right to change the order of the items on the agenda, except for those matters set for a specific time. Informal interviews and formal hearing matters are scheduled to be heard during specific time blocks. Please note that the recommendations listed on the agenda do not become final until adopted by the Board. The Board has the authority to accept, reject or modify any recommendation listed on the agenda. The Board may vote to go into Executive Session for the purpose of obtaining legal advice on any of the agenda item pursuant to A.R.S. § 38.431.03 (A)(3).

Board Members

Gary Begley, School Owner, Chairperson Thomas Rough, Cosmetologist, Vice-Chairperson

Brandy B. Flores, Public Member Jenna M Bentley, Public Member

Amber Cepkauskas, Cosmetologist, Secretary/Treasurer Vacant, Instructor

Vacant, Nail Technician

1. Call to Order

2. Pledge of Allegiance

http://www.azboc.gov/

ARIZONA STATE BOARD OF COSMETOLOGY MARCH 19, 2021, TELEPHONIC BOARD MEETING PAGE 2

3. Roll Call of Board Members Gary Begley Thomas Rough Brandy Flores Jenna Bentley Amber Cepkauskas

Also in Attendance: Kim Scoplitte, Executive Director

Irma Telles, Investigative Supervisor Rosa Rodriguez, Compliance Lisa Chavez, Investigator Cathy Bergeron, Inspector Helen Bordelon, Investigator Mona Baskin, Assistant Attorney General Elizabeth Campbell, Assistant Attorney General BOARD BUSINESS

The Board may vote to go into executive session to obtain legal advice pursuant to A.R.S. § 38-431.03 (A) (3)

1. Discussion, Consideration and Possible Action on Approval of Telephonic-Virtual Board Minutes of February 19, 2021.

MOTION by Thomas Rough to approve minutes as written. MOTION SECONDED by Jenna Bentley. Roll Call: Vote Gary Begley Thomas

Rough Brandy Flores

Jenna Bentley

Amber Cepkauskas

Aye x x x x x Nay Recused Abstained Absent

MOTION CARRIED.

2. Board Member Declaration of Conflict of Interest.

Gary Begley declared for case nos. 95613 under Step 1. B., 95186 and 95978 under Step 1 D. of the agenda.


Thomas Rough declared for case nos. 95613 under Step 1 B., 95186 and 95978 under Step 1 D. of the agenda. Amber Cepkauskas declared for case no. 96395 under Step 1.B of the agenda.

3. Report and Discussion of Proposed 2021 Legislation relating to the Arizona State Board of Cosmetology.

• HB 2029 Consolidation Barber Board/Cosmetology Board • HB 2128 State Licensing; Fee Waiver • HB 2433 State Agencies; Cash Payment; Acceptance • SB 1149 Occupational and Professional Licensure; Notice

Kim Scoplitte Executive Director stated that HB2029 Consolidation Barber

Board/Cosmetology Board passed the Majority Caucus on March 16, 2021. The bill has not been signed by the Governor.

HB2128 State Licensing; Fee Waiver the last action was in the Senate for the second read on March 9, 2021.

HB2433 State Agencies; Cash Payment; Acceptance the last action was in the Senate for the second read on February 22, 2021.

SB1149 Occupational and Professional Licensure; Notice was signed by the Governor on February 12, 2021.

4. Report on Professional Credential Services (PCS) and National-Interstate Council of State Boards of Cosmetology (NIC) on NIC Nail Technology Theory and Practical Examinations Update for Remote School Overview scheduled for March 22, 2021.

• Remote Examiner Training scheduled for March 23 – 24, 2021.

Kim Scoplitte Executive Director stated that the Remote School Overview is scheduled for March 22, 2021, and if any Board Members are going to attend please let staff know as we will need to post a courtesy notice stating that there may be Board Members attending however there will not be any Board business discussed.

5. Discussion, Consideration and Possible Action on Approval to accept the changes to the Nail Technology Examination and to set a date to start the new exam on July 1, 2021, after the School Overview and Examiner Training.

Kim Scoplitte Executive Director stated that this was brought back before the Board to

approve a start date for the new Nail Technology Examination. MOTION by Gary Begley to accept the changes to the new Nail Technology Examination

and for the new Nail Technology Examination to start on July 1, 2021. MOTION SECONDED by Thomas Rough.

ARIZONA STATE BOARD OF COSMETOLOGY MARCH 19, 2021, TELEPHONIC BOARD MEETING PAGE 4 Roll Call: Vote Gary Begley Thomas

Rough Brandy Flores

Jenna Bentley

Amber Cepkauskas


MOTION CARRIED.

6. Welcome and Board Member Dialogue with Visiting Cosmetology Students & Instructors/Faculty.

There were no students in attendance today.

EXECUTIVE DIRECTOR’S REPORT

1. Report and Discussion on Agency Departments.

• Financial Update • Personnel, Board Membership and Appointments Update

Retirement of John Thomas, Administrative Assistant • Licensing Update • Information Technology Update

Kim Scoplitte Executive Director stated the John Thomas has retired and that he has

been with the agency since 2015. The agency wished him the best in retirement and thanked him for his service.

2. Discussion, Consideration and Possible Action on Approval of the Provisional License

and Examination Information. Kim Scoplitte Executive Director stated that the Provisional License and Examination

Information Pamphlet was sent out to the school on March 12, 2021. Alicia Aleman has graciously taken on being the school liaison.

3. Summary of Current Events that Affect the Arizona State Board of Cosmetology A.R.S.

§ 38-431.02 (K).

ARIZONA STATE BOARD OF COSMETOLOGY MARCH 19, 2021, TELEPHONIC BOARD MEETING PAGE 5 This is the time for the Chair or Executive Director to give a brief summary on current events that affect the Board. It is informational only and no discussion may occur. CONSENT AGENDA The Consent Agenda items may be considered for approval as a single action unless a Board Member or any other interested party wishes to remove the item for discussion. The Board may vote to go into Executive Session to discuss and consider records exempt by law from public inspection, including the receipt and discussion of information, or testimony that is confidential by State or Federal law on all agenda items under Steps 1, 2 & 3 pursuant to A.R.S. §38-431.03 (A) (2). STEP 1: COMPLAINT REVIEW

A. Recommended Application Denials A.R.S. § 32-572. None

B. Recommended Dismissals A.R.S. § 32-573 (B) (1). Investigative Supervisor Irma Telles stated that she would like to advise the

Board that case no. 96395 was continued from the February Board meeting because of a lack of a quorum. Board staff inadvertently sent notice to the licensee following the February 19th Board meeting that the case was dismissed and staff has notified the licensee.

Investigator Supervisor Irma Telles stated the case listed has been reviewed according to the Board’s parameters and we would ask the Board to consider staff recommendations.

MOTION by Thomas Rough to accept staff recommendations for case no. 96395

listed below Step 1 B. MOTION SECONDED by Jenna Bentley. Roll Call:

Vote Gary Begley Thomas Rough

Brandy Flores Jenna Bentley Amber Cepkauskas

Aye x x x x

Nay Recused x Abstained Absent

MOTION CARRIED.

1. 95613 Imaj Institute School #ASL24 (No evidence found to support allegations) Phoenix Photonix Inc.


Gary Begley #31400143, President/C.E.O. Peggy “Margaret” Begley #’s 71200016 & 31000609, Secretary/Director CONTINUE – LACK OF QUORUM 2. 96395 Great Clips #SCOS17545 (No evidence found to support allegations) Cave Creek Clips Inc, Owner

C. Recommended Non-Disciplinary Letter of Concern A.R.S. § 32-573 (B)(2). Investigative Supervisor Irma Telles stated that all cases listed have been

reviewed according to the Board’s parameters and we would ask the Board to consider staff recommendations.

MOTION by Thomas Rough to accept staff recommendations for all those listed

below Step 1 C. MOTION SECONDED by Jenna Bentley. Roll Call:




MOTION CARRIED.

1. 96388 Leondra Cordova #11501257, Licensee (Knowingly Advertising by means of false,) misleading, deceptive or fraudulent statements) 2. 96439 Bellazza Beauty Bar 2.0 #SCOS28440 (Inactive Personal License)

Bellazza Beauty Bar 2.0 LLC, Owner Robert Acedo Member

3. 96442 The Total Look by Sally & Co LLC #SCOS12014 (Inactive Establishment License) The Total Look by Sally & Co LLC, Owner Sally A McCormick #17213664, Member/Manger 4. 96455/96456 Mini Perfect Nails & Spa #’s SNT16956 & SAES14958 Mini Thi Le #’s 50400563 & 30400326, Owner 5. 96463 Blend Salon LLC # SCOS29847 (Inactive Establishment License) Blend Salon LLC, Owner Hilary Garcia #11401607, Member Alyssa Ponce #11202031, Member 6. 96465 Supercuts #80742 #SCOS22276 (Inactive Establishment License) HF Consulting LLC, Owner Randal G. Dix, Manager HF Trust, Member 7. 96466 Kimberly L Meisterhans #59000624, Owner (Operating an unlicensed establishment) 8. 96474 VN Nails Inc #SAES20277 (Inactive Personal License) VN Nails Inc, Owner Hanh Thi Huu Nguyen #31700344, Director 9. 96488 Aria Nails Bar LLC #SNT19442 (Required Display of Personal License) Aria Nails Bar LLC, Owner Tam Thien Bui #50501570, Member Thy Vinh Nguyen, Member 10. 96489 Lash Greek LLC # SAES20958 (Inactive Personal License)


Lash Greek LLC, Owner Corrine Hennen #31600019, Manager 11. 96514 Dorene A Rodriquez #17516095, Owner/Manager (inactive establishment)

D. Recommended Informal Interview or Negotiation Terms A.R.S. § 32-573 (C) (D). Investigative Supervisor Irma Telles stated that all cases have been reviewed

according to the Board’s parameters and we would ask the Board to consider staff recommendations or take other Non-Disciplinary Action.

MOTION by Thomas Rough to accept staff recommendations for all cases listed below Step 1 D. MOTION SECONDED by Jenna Bentley.

Roll Call: Vote Gary Begley Thomas

Rough Brandy Flores Jenna Bentley Amber

CepKauskas


MOTION CARRIED.

1. 94664 Ashley Zuber #10501961 Issue a Non-Disciplinary Letter of Concern for operating an unlicensed establishment,

see motion above. 2. 95186 Taglio Salon #SCOS26482 RC Salon Systems LTD, Owner Thomas Rough #19501024, Director/President Lisa Rough, Director/President CONTINUE – LACK OF QUORUM 3. 95978 Imaj Institute School #ASL24 Phoenix Photonix Inc. – Imaj Institute Gary Begley #31400143, President/C.E.O. Peggy “Margaret” Begley #’s 71200016 & 31000609, Secretary/Director CONTINUE – LACK OF QUORUM 4. 96367/96368 Mimosa Nails #’s SNT18306 & SAES19430

Mimosa Nails LLC, Owner Le Vuong #59919921, Member

Offer a consent agreement to assess $150.00 civil penalty and Board costs, 12-months’ probation with early termination see motion above.

5. 96378 The Studio Academy of Beauty School #CSL74 The Studio Academy of Beauty LLC, Owner Cathy Koluch, Member Jeff Koluch, Member


Amy Horine, Acting Director CONTINUE

6. 96379/96383 True Touch Nail II #’s SNT18301 & SAES20648 True Touch Nail II LLC, Owner Johnny Trinh, Member

Offer a consent agreement to assess $1,000.00 civil penalty and Board costs, 12-months’ probation with early termination see motion above.

7. 96398 & Sugar Phoenix #SAES20084

Microspa Concepts LLC, Owner William M. Johner, Manager/Member Aimee N. Blake, Manager/Member Take no action, see motion above. 96536 Sugar #SAES22363 Sugar Sugar LLC, Owner William M. Johner, Manager/Member Aimee N. Blake, Manager/Member

Issue a Non-Disciplinary Letter of Concern for no current salon license display, see motion above.

8. 96399 Sassy Streak #SCOS30392 Heather Roberson #10402146, Owner

Offer a consent agreement to assess $250.00 civil penalty and Board costs, 12-months’ probation with early termination and $120.00 in restitution, see motion above.

9. 96400 My Inails 1 #SNT19663 Hiep Tran #59919427, Owner


10. 96402 Joie Beauty Bar #SCOS30266 Joslyn Harris #11800053, Owner


11. 96403 Spatastic Hair Nails #SCOS26396 Paul Nguyen, Owner


12. 96404 Riley’s Nails & Spa #SAES19658 Phon Tran #51405240, Owner

Offer a consent agreement to assess $750.00 civil penalty and Board costs, 12-months’ probation with early termination and High Risk Based, see motion above.

13. 96407 Aria Nails Bar #SNT19442 Aria Nails Bar LLC, Owner Thy Vinh Nguyen #59716327, Member Tam Thien Bui #50501570, Member

Offer a consent agreement to assess $600.00 civil penalty and Board costs, 12-months’ probation with early termination and for Members Thy Vinh Nguyen and Tam Thien to attend the Infection Protection/Law Review Class given by the Board, see motion above.

14. 96409 Breanna Tellez #11300917, Licensee


Issue a Non-Disciplinary Letter of Concern for advertising an unlicensed establishment, see motion above.

15. 96412 Salon Kiro #SCOS29953 Salon Kiro LLC, Owner Rachel Paonessa #11800991, Member


16. 96414 Donald N Marchese #10500634, Owner


17. 96416 Style Lust Salon #SCOS29128 Style Lust Salon LLC, Owner Alexander Craig Nelson #10700406, Manager


18. 96418 Macey Gabbert #11401581


19. 96419 Bay of Islands Massage & Spa #SCOS25242 Bay of Islands Massage & Spa LLC, Owner


20. 96420 Dub Hair Studio #SCOS24728 Stephanie Mena #10224557, Owner


21. 96421 Cherry Beauty Nails #SNT11718 Dung V Luong #50100330, Owner


22. 96426 Gabrielle Angulo #11501233, Owner


23. 96427 Peach Nails #SNT19742 Thi Hong Sang Dao #51700328, Owner


24. 96429 April A Cutitta #1931059, Owner


25. 96433 Ivis Montano #51900196, Owner

Issue a Non-Disciplinary Letter of Concern for operating an unlicensed establishment, see motion above.


26. 96434 Lacey Bejerle #11700181, Owner Issue a Non-Disciplinary Letter of Concern for operating an unlicensed establishment.

see motion above. 27. 96435 Wax Werks #SAES16852 Wax Werks LLC, Owner Martha Browatzki #30700414, Member


28. 96436/96437 Diva Nail Spa #’s SNT19435 & SAES21474 Diva Nail Spa LLC Renee Nguyen Tran, Manager/Member


29. 96438 L.A. Nails # SNT18732 Phong Huy Nguyen #51400095, Owner


30. 96445 Nail 2001 By Sam #SNT16147 Sang Van Nguyen #59800180, Owner


31. 96422 Fresh Nails & Spa #SNT18714 Fresh Nails & Spa LLC, Owner Thanh-Danh N Tran, Member Linh T Le #10801389, Member

Offer a consent agreement to assess $1,150.00 civil penalty and Board costs, 12-months’ probation with early termination and for Member Linh T. Le to attend the Infection Protection/Law Review Class given by the Board, see motion above.

32. 96460 KT Nails and Spa LLC #SNT18160 KT Nails and Spa, LLC, Owner Le Ba Loi #50600195, Manager


33. 96462 Classic Beauty #SAES20868 Classic Beauty LLC, Owner Caroline Tarlton #31501011, Manager


34. 96468/96469 Herbal Nails & Spa #’s SNT18934 & SAES20502 Herbal Nails & Spa LLC, Owner Jennifer Tran, Manager


35. 96490 Hae K. Kwak #10100412



36. 96491 Focus on You Salon LLC #SCOS29196 Focus on You Salon LLC, Owner Tarah Marie Blan #10500872, Member


37. 96492/96493 Splendid Nail Spa by VQ #’s SNT18343 & SAES19490 Anh Vy Thuy Huynh #’s 51000457 & 31300542, Owner/Manager

Offer a consent agreement to assess $250.00 civil penalty and Board costs, 12-months’ probation with early termination, High Risk Based and for Owner/Manager to attend the Infection Protection/Law Review Class given by the Board, see motion above.

38. 96497/96498 Nailspa & ILash Lounge #’s SNT18974 & SAES20568 Linh K. Tran #’s 50500224 & 30500729, Owner

Offer a consent agreement to assess $500.00 civil penalty and Board costs, 12-months’ probation with early termination, see motion above.

39. 96511/96512 Best Nails and Spa #’s SNT18738 & SAES20161 Hi Best Nails LLC, Owner Damon Dat Ho #51300019, Member


40. 96515 Bloom Salon #SCOS26439 Bloom Salon LLC, Owner Gordon Troan, Statutory Agent Scott A. Young #10123844, Member


END OF CONSENT AGENDA STEP 2: INFORMAL INTERVIEWS A.R.S. § 32-573 (C) (D).

A. Without Negotiation Options

None

B. With Negotiation Options 1. 95600/96300 QNail Bar LLC #’s SNT18272 & SAES19388 9:30 a.m. QNail Bar LLC, Owner Huyen T Nguyen #’s 50700850 & 31600763, Member “Logan” Giang H Ta #50700903, Member Continued from February’s Board meeting NEGOTIATED 2. 96246 Arte Y Creacion Beauty Salon #SCOS14797 9:30 a.m. Ramon Chavarria, Owner NEGOTIATED $500


3. 96257 DaviNails1928 #SNT19717 9:30 a.m. DaviNails1928 LLC, Owner Linda Burgo #51200209, Member NEGOTIATED $500 4. 96297 Stephanie M Alderete #10224558, Licensee 9:30 a.m. NEGOTIATED $600/12-MONTH PROBATION 5. 96461 Stephanie M Alderete #10224558, Licensee 9:30 a.m. NEGOTIATED $500/12-MONTH PROBATION

6. 96338 Body Beautiful #SAES18623 9:30 a.m. Body Beautiful LLC, Owner Marlena L Krueger, Member NEGOTIATED $$500/12-MONTH PROBATION 7. 96342 Cult Hair Studio & Spa #SCOS26569 9:30 a.m. Cult Hair Studio & Spa LLC, Owner Brady McKay, Member

MOTION by Gary Begley to move case no. 96342 to Formal Hearing or in the Alternative Accept the Signed Consent Agreement Previously Offered by the Board. MOTION SECONDED by Thomas Rough.

Roll Call: Vote Gary Begley Thomas Rough Brandy Flores Jenna Bentley Amber

Cepkauskas

Aye x x x x x

Nay

Recused

Abstained

Absent

MOTION CARRIED.

8. 96363 Cleo Beauty Salon #SCOS19092 9:30 a.m. Jom Global LLC, Owner Bong Ju Kim #11001952, Member NEGOTIATED $250/PAID 9. 96365 Sky Nails and Spa #SNT17915 9:30 a.m. Tony O Nguyen #51300545, Owner NEGOTIATED $$250 10. 96366 Ivy Nail and Spa #SNT19027 9:30 a.m. Hai Anh Nguyen, Owner Loan Thi Minh Nguyen #51600254, Manager NEGOTIATED $500 11. 96369 Envy Nails By Thao #SNT17972 9:30 a.m. Thao Tran #51700672, Owner


MOTION by Gary Begley to move case no. 96369 to Formal Hearing or in the Alternative Accept the Signed Consent Agreement Previously Offered by the Board. MOTION SECONDED by Thomas Rough.

Roll Call: Vote Gary Begley Thomas Rough Brandy Flores Jenna Bentley Amber

Cepkauskas

Aye x x x x x

Nay

Recused

Abstained

Absent

MOTION CARRIED.

12. 96370 Hollygood Nails & Spa #SAES19626 9:30 a.m. Hollygood Nails & Spa LLC, Owner Binh Bai Nguyen #50200608, Member NEGOTIATED $250/PAID 13. 96371/96372 Serafina Nails & Spa Inc #’s SNT18290 & SAES19408 9:30 a.m. Serafina Nails & Spa Inc, Owner Louis Giang Vinh #50500027, Member NEGOTIATED $400/PAID 14. 96381 Nails Rap #SNT16628 9:30 a.m. Hong Diep Thi Tran #50400254, Owner/Manager NEGOTIATED $500/PAID 15. 96390 Dulce Borboa #10602469 9:30 a.m. NEGOTIATED $500/12-MONTH PROBATION 16. 96393/96394 Cute.Icle Nails Spa by Lemi #’s SNT18767 & SAES20231 9:30 a.m. Hung Dinh Nguyen #59918710, Owner CONTINUED 17. 96396 AZ 3D Nails & Spa #SNT18028 9:30 a.m. Richard Van Thu Hoang #50401081, Owner Richard Van Thu Hoang was sworn in and stated that this salon was here a long time ago and we took over the business in 2015, and the neighbors complain about the smell. Richard Van Thu Hoang stated that ventilation system was installed but the smell is still there and we are working on another way to reduce the smell. Richard Van Thu Hoang stated that we got busy and forgot to remove the towel on the spa chair, the bottle of MMA was never used it was from the previous owner and we put it in the garbage after the inspector explained that MMA was not allowed and that his wife forgot to put away the tray with the eyelashes.

Investigator Lisa Chavez testified that on November 4, 2020, Board received an online complaint alleging AZ 3D Nails & Spa was not properly ventilated and the fumes are seeping into his business causing employees to have headaches and clients complain about the smell. On January 6, 2021, investigator Lisa Chavez went to the salon and spoke to manager Nhung Thi Tuyet Bach and she explained that there have had issues with this person before, the owner and property manager installed something to take the smell out and denied that their clients have complained of headaches.


Investigator Lisa Chavez stated that an inspection would be conducted and found the following: In the aesthetic salon personal licenses were not displayed, unenclosed implements on pedicure carts, used eyelash adhesive left on adhesive tile and unenclosed eyelash extension tray. In the nail salon a used towel left at pedicure station, Vu Hoang Tieu Phung Nguyen station drawer had contaminates in with clean implements and 1-gallon of MMA. Investigator educated manager about MMA and it being illegal to use and have in a salon. Investigator Lisa Chaves stated that on January 21, 2021, she spoke to Richard who denied the allegation of the fumes.

MOTION by Thomas Rough for case no. 96396 to dismiss. MOTION SECONDED

by Jenna Bentley. Roll Call:

Vote Gary Begley Thomas Rough Brandy Flores Jenna Bentley Amber Cepkauskas

Aye x x x x x

Nay

Recused

Abstained

Absent

MOTION CARRIED.

18. 96397 Savannah Chesleigh #10601486, Licensee 9:30 a.m. Savannah Chesleigh was sworn in and stated that she was waiting for paperwork from LLC and thought it was taking a long time due to Covid and after she did receive her paperwork for the LLC and she has her personal license she thought she was ok. Savannah Chesleigh stated that she now has her salon license. Investigator Lisa Chavez testified that on November 6, 2020, Board office received an anonymous online complaint alleging Savannah Chesleigh is advertising on social media that she has a space set up in her home to perform cosmetology services in an unlicensed residence. Investigator Lisa Chavez stated that on January 11, 2021, investigator went to the residence and spoke to the respondent. The respondent had a space set up which was very clean. The respondent told investigator that she had filed her LLC and thought she was ok and in compliance. Investigator educated respondent on how to obtain an establishment license.

MOTION by Thomas Rough for case no. 96397 to dismiss. MOTION SECONDED

by Jenna Bentley. Roll Call:

Vote Gary Begley Thomas Rough Brandy Flores Jenna Bentley Amber Cepkauskas

Aye x x x x x

Nay

Recused

Abstained

Absent

MOTION CARRIED.

19. 96406/96417 Fendi Nails #’s SNT15508 & SAES15537 9:30 a.m. Thanh Le #50000455, Owner


NEGOTIATED 20. 96410 Nail En-V #SNT19061 9:30 a.m. Nail En-V LLC, Owner Jenny Q Phan #’s 50331214 & 30330705, Manager/Member NEGOTIATED 21. 96503 Kristy DiSabato #11301957, Licensee 9:30 a.m. NEGOTIATED $500/12-MONTH PROBATION 22. 96504 Kristy DiSabato #11301957, Licensee 9:30 a.m.

NEGOTIATED $500/12-MONTH PROBATION/RESTITUTION $205 STEP 3: HEARINGS

ALL ITEMS BELOW INCLUDE BOARD AUTHORITY FOR DISCUSSION, CONSIDERATION AND POSSIBLE ACTION:

The Board may go into “Executive Sessions” for the purpose of obtaining legal advice from the Board’s attorney on any of the agenda items under Step 3 pursuant to A.R.S. § 38.431.03 (A)(3). The Board may vote to go into “Executive Session” to discuss and consider records exempt by law from public inspection, including the receipt and discussion of information, or testimony that is confidential by State of Federal Law on all agenda items under Step 3 pursuant to A.R.S. §38-431.03 (A)(2).

A. Review, Discussion and Possible Action on Appeal from a Denial of Application. None

B. Review, Discussion and Possible Action on Motion to Deem A.R.S. § 32-573 (E). 1. 95550 Dawn Staples #58700513 9:15 a.m.

Assistant Attorney General, Mona Baskin, appeared representing the State in this matter and Elizabeth Campbell, Assistant Attorney General appeared providing independent legal advice to the Board on this matter.

Licensee was not present. Assistant Attorney General, Mona Baskin stated that a Complaint and Notice of Hearing was

issued in this case, the licensee was properly noticed by certified mail which was signed for and the first-class mail has not been returned and is presumed to have been delivered. To date, the Board nor the state has received any communication from Respondent. On behalf of the State AAG Baskin respectfully requested that the Board grant the Motion to Deem Allegations Admitted, adopt the Findings of Facts and Conclusions of Law in the complaint. Regarding discipline the State would recommend a $650.00 civil penalty to be paid within 6-months and to impose cost and fees per A.R.S. § 32-573 (G). Should the licensee not comply with the $650.00 civil penalty within 6-months the license would be revoked.

MOTION by Thomas Rough to grant State’s Motion to Deem Allegations

Admitted. MOTION SECONDED by Amber Cepkauskas.

ARIZONA STATE BOARD OF COSMETOLOGY MARCH 19, 2021, TELEPHONIC BOARD MEETING PAGE 16 Roll Call:




MOTION CARRIED.

MOTION by Thomas Rough to adopt the factual allegations in the Complaint and Notice of Hearing as Findings of Facts and the alleged violations in the Complaint and Notice of Hearing as Conclusions of Law. MOTION SECONDED by Amber Cepkauskas.



Cepkauskas Aye x x x x x Nay Recused Abstained Absent

MOTION CARRIED.

MOTION by Thomas Rough for case no. 95550 to impose the following discipline as our Order in this matter to impose $650.00 civil penalty to be paid within 6-months and impose all cost and fees per A.R.S. § 32-573 (G). Should the licensee not comply with the $650.00 civil penalty within 6-months the license would be revoked. MOTION SECONDED by Amber Cepkauskas.




MOTION CARRIED.


2. 95560 Nail Bar on Shea #SNT19215 9:15 a.m. Nail Bar on Shea LLC, Owner Daniel Bowerman, Member Julie Craig, Member Dakota Hampton, Member

Assistant Attorney General, Mona Baskin, appeared representing the State in this matter and Elizabeth Campbell, Assistant Attorney General appeared providing independent legal advice to the Board on this matter. Licensee was not present

Assistant Attorney General, Mona Baskin stated that a Complaint and Notice of Hearing was issued in this case, the licensee was properly noticed, the certified mail was signed for and the first-class mail has not been returned and is presumed to have been delivered. The State’s understanding is this is an LLC and that the salon has been closed. To date the Board nor the State has had any communication from the respondent. On behalf of the State AAG Baskin respectfully requested that the Board grant the Motion to Deem Allegations Admitted, adopt the Findings of Facts and Conclusions of Law in the complaint. Regarding discipline the State would recommend to impose a $850.00 civil penalty to be paid within 6-months and to impose cost and fees per A.R.S. § 32-573 (G). Should the licensee not comply with the $850.00 civil penalty within 6-months the license would be revoked.

MOTION by Thomas Rough to grant State’s Motion to Deem Allegations

Admitted. MOTION SECONDED by Amber Cepkauskas. Roll Call:




MOTION CARRIED.





MOTION CARRIED.


MOTION by Thomas Rough for case no. 95560 to impose the following discipline as our Order in this matter to revoke license, impose $850.00 civil penalty to be paid within 6-months and impose all cost and fees per A.R.S. § 32-573 (G). Should the licensee not comply with the $850.00 civil penalty within 6-months the license would be revoked. MOTION SECONDED by Amber Cepkauskas.

Roll Call:




MOTION CARRIED.

3. 95724/96210 & Sigma Cuts School of Beauty #CSL00217 9:15 a.m. Sigma Cuts of School of Beauty Corporation, Owner World Media Entertainment Inc., Owner Will (Blu) Mitchell, President Erica Padilla #91700021 Bonnie Duran, Director

Assistant Attorney General, Mona Baskin, appeared representing the State in this matter and Elizabeth Campbell Assistant Attorney General appeared providing independent legal advice to the Board on this matter. Sara Stark Attorney for respondent present. Licensee was not present

Assistant Attorney General, Mona Baskin stated she will present a Consent Agreement that was negotiated to resolve the matters of cases 95724 and 96210 which is consolidated with 96211. Assistant Attorney General Mona Baskin stated that a Motion to Deem was filed in these cases October of 2020, sixty days passed and respondents were given sufficient time to file a response and there was not response received. The complaint was received and signed for by the licensee so they did receive actual notice. This matter was presented at the February Board meeting which was continued. Mr. Mitchell appeared on behalf of the corporation and requested that the Board give him additional time to retain a lawyer and the Board granted the continuance. Mr. Mitchell on behalf of the corporation and Erica Padilla on behalf of her instructor license did retain counsel.

Ms. Sara Stark attorney representing respondents is present. Mona Baskin stated the she and Sara Stark went through some settlement negotiations and

have three Consent Agreements for the Board consideration for voluntary revocation. For case no. 95724 Mr. Mitchell is the president and has signed the consent agreement. Ms. Erica Padilla in case no. 95724 has signed a consent agreement for voluntary revocation of her instructor license. In case nos. 96210 & 96211 there is a consent agreement signed by Mr. Mitchell on behalf of the corporation for the school license.

Mona Baskin stated that if the Board accepts and considers these consent agreements for voluntary revocation in this matter the State would move forward and withdraw the Motion to Deem Allegations Admitted.

Mona Baskin stated on behalf of the State the State feels these consent agreements for voluntary revocation are in the interest of justice.

Sara Stark stated that she is counsel for Sigma Cuts School of Beauty corporation, Sigma Cuts School of Beauty and Erica Padilla and her clients have reviewed the terms of the agreement and have


accepted the terms and would ask the Board to accept the consent agreements as final resolution of this matter.

MOTION by Thomas Rough for case no. 95724 to accept the Consent Agreement

for Voluntary Revocation of the Sigma Cuts School of Beauty Corporate school corporate License. MOTION SECONDED Jenna Bentley.




MOTION CARRIED.

MOTION by Thomas Rough for case no. 95724 to accept the Consent Agreement for Voluntary Revocation of Erica Padilla’s instructor license no. 91700021. MOTION SECONDED Jenna Bentley.




MOTION CARRIED.

MOTION by Thomas Rough for case nos. 96210 & 96211 to accept the Consent Agreement and Order for Voluntary Revocation of Sigma Cuts School of Beauty Corporate school license no. CSL00217. MOTION SECONDED Jenna Bentley.

Roll Call:



Aye x x x x x Nay Recused Abstained


Absent

MOTION CARRIED.

96211 Marissa Morris #91900020, Director 9:15 a.m. Assistant Attorney General, Mona Baskin, appeared representing the State in this matter and

Elizabeth Campbell Assistant Attorney General appeared providing independent legal advice to the Board on this matter.

Marissa Morris is present. Assistant Attorney General, Mona Baskin stated that as stated in the Motion to Deem

Allegations Admitted the licensee was provided actual notice of the complaint that was issued in this case on October 24, 2020, which was signed by Ms. Morris and Ms. Morris did not file a response in this matter.

On behalf of the State the State respectfully requests that the Board grant the Motion to Deem Allegations Admitted, adopt the Findings of Facts and Conclusions of Law in the complaint, regarding discipline this case is very serious it involves documentation and failure to provide students’ hours. The State would recommend revocation of Ms. Morris’ instructor license and cost and fees per A.R.S. § 32-573 (G) and the Board has the opportunity to impose a civil penalty up to $2,000 which is left to the Board’s discretion. Mona Baskin stated that Ms. Morris does hold a personal license and these proceedings are not against her personal license.

Ms. Morris stated that she attended the first meeting. Ms. Morris stated that she did everything on her own and that the students did get instruction. Ms. Morris stated that she was at the school on time and never left the school except to go to her car on break and at lunch.

Mona Baskin objected and stated that what the Board is considering is whether to grant the Motion to Deem Allegations Admitted and the State has presented evidence that Ms. Morris has received actual notice of the complaint and has adequate time to respond and she failed to respond and that is what is before the Board.

MOTION by Thomas Rough for case nos. 95724, 96210 & 96211 to grant State’s

Motion to Deem Allegations Admitted. MOTION SECONDED by Amber Cepkauskas. Roll Call:




MOTION CARRIED.




Cepkauskas



MOTION CARRIED.

Mona Baskin stated that based on the allegations deemed as admitted to protect the public the State’s position is that revocation is appropriate in this matter.

Ms. Morris urged that the Board not to revoke her license. Ms. Morris stated that the students did get instruction and that she knows how to teach.

MOTION by Thomas Rough for case nos. 95724, 96210 & 96211 to impose the

following discipline as our Order in this matter to revoke Ms. Morris’ instructor license no. 91900020 and to waive any civil penalty. MOTION SECONDED by Amber Cepkauskas.




MOTION CARRIED.

C. Report, Discussion and Possible Action on Opening a Complaint Pursuant to A.R.S. § 32-572 (A) (2) (6) (B) (C) (2) (D) and A.R.S. § 32-573 (A).

Irma Telles Investigative Supervisor stated that the Board received information from the Maricopa County Superior Court regarding the following licensees who have been convicted of felonies. The cases are before you to either open up a complaint or take no action.

1. Ashlyn Mathews, License No. 31300375 2. Megan Elizabeth Comesano, License No. 10401254

MOTION by Gary Begley to take no action. MOTION SECONDED Thomas Rough.



Cepkauskas Aye x x x x x


Nay Recused Abstained Absent

MOTION CARRIED.

D. Review, Discussion and Possible Action on Cases Pending Formal Hearing and

Issues Related to Service of the Board Complaint Pursuant to A.R.S. § 41-1092.04.

Irma Telles Investigative Supervisor stated that for case no. 94936 and 95446 that the Board was unable to serve the Complaint by either certified or regular first-class mail. The Board has not had any communication from the Licensees. At this time the Board would have the option to: Administratively close the case until the licensees contact the Board or Continue to attempt service of the complaint by personal service with a process server and if that is unsuccessful by publication.

MOTION by Gary Begley for case nos. 94936 and 95446 to administratively close

these cases until the licensees contact the Board and/or renews their license and then reissue the complaint. MOTION SECONDED by Thomas Rough.




MOTION CARRIED. 1. 94936 Studio 326 #SCOS25920

Studio 326 LLC, Owner Pedro Falcon #19918460, Member

2. 95446 Jose Garcia #18327431, Licensee

E. Review, Discussion, and Possible Action to Amend Allegations of Statutory and Rule Violations in a Matter Moved to Formal Hearing. None


F. Formal Hearing Pursuant to A.R.S. § 32-573 (D) or in the Alternative Accept Signed Consent Agreement for Voluntary Revocation of License Pursuant to A.R.S. § 32-573 (E). None

G. Review, Discussion and Reconsideration on Denial of Application and Possible Action on Opening an Investigation Pursuant to A.R.S. § 32-571 (A) (1). None

H. Review, Discussion and Possible Action on Request for Extension of Time to Comply with the Board Order.

None I. Review, Consideration and Possible Action on Motions for Rehearing/Review

A.R.S. § 41-1092.09 and A.A.C. R4-10-115 None

J. Report, Discussion and Possible Action on Non-Compliance with Consent Agreement Pursuant to A.R.S. § 32-572 (A) (9). None

ADJOURNMENT

MOTION by Thomas Rough to adjourn the meeting at 10:43 a.m. MOTION SECONDED by Jenna Bentley. Roll Call:



Aye x x x x x

Nay

Recused

Abstained

Absent

MOTION CARRIED.


In accordance with Title III of the Americans with Disabilities Act, the Cosmetology Board does not discriminate on the basis of disabilities in its programs, services or activities. Individuals who need reasonable accommodation to participate or who need information in an alternative format may contact Mimi Ahmetovic the ADA Coordinator at (480) 825-7002.

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