2. pledge of allegiance

1740 W Adams Phoenix AZ 85007

Telephone 480.784.4539 www.azboc.gov

ARIZONA STATE BOARD OF COSMETOLOGY TELEPHONIC BOARD MEETING MINUTES

June 18, 2021 at 9:00 a.m. 1740 W Adams, Suite 4400, Boardroom A

Phoenix AZ 85007

CALL IN INFORMATION DIAL: 1-302-314-6477

PIN NUMBER: 466 303 567#

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).

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 JUNE 18, 2021, TELEPHONIC BOARD MEETING PAGE 2

3. Roll Call of Board Members Gary Begley

Thomas Rough Brandy Flores Jenna Bentley Amber Cepkauskas

Roll Call of Board Staff Rosa Rodriguez, Compliance Lisa Chavez, Investigator Cathy Bergeron, Inspector Helen Bordelon, Investigator

Also in Attendance: Kim Scoplitte, Executive Director Irma Telles, Deputy Director

Marc Harris, Assistant Attorney General Mary Williams, 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 April 16, 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 Nay Recused x 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.

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 and SB1149 Occupational and Professional Licensure Notice both have passed and have been signed by the Governor.

Regarding HB2128 State Licensing Fee Waiver the last action was March 9, 2021,

where the bill was sent to the Senate for a second read. HB2433 State Agencies Cash Payment Acceptance the last action was February 22, 2021 where the bill was sent to the senate and now the bill has a Final Disposition of held in the Senate.

Kim Scoplitte Executive Director stated that staff will be meeting with Trista Guzman

from the Governor’s Office regarding the consolidation of the Barber Board and Cosmetology Board on June 25, 2021, for guidance on the consolidation.

4. Discussion, Consideration and Possible Action on Provisional License. Gary Begley Board Chair stated that the Board has recently been made aware of an increasing number of testing candidates who either failed or received low grades. The development has caused concern and confusion in Arizona. Inquiries have been made with the vendor who has been providing the test for many years with no issues. Mr. Begley added that the vendor is aware of the concerns and is conducting an internal review of its testing process. Mr. Begley informed the Board that as a result of this recent trend, the Board has received a large number of complaints from testing candidates and the industry. Mr. Begley continued by stating that in order to provide a forum to whoever would like to address the Board on this topic, the Board has added a Call to the Public at the end of its agenda for this meeting. Mr. Begley stated that typically if a candidate does not pass the test their provisional license is withdrawn. He suggested, however, that due to the unaccounted-for changes in the pass rates and given the fact that the vendor is conducting an internal review of its exam

ARIZONA STATE BOARD OF COSMETOLOGY JUNE 18, 2021, TELEPHONIC BOARD MEETING PAGE 4 practices, he would like those testing candidates that have failed to continue to practice under their provisional license. He stated that he believes that this is the right and fair thing to do since it is unclear if their failure was the result of a lack of competence or a problem with the testing process. He concluded his comments by proposing that the Board allow those testing candidates who fall into this category the opportunity to continue to practice under their provisional license until the vendor has reviewed their appeal and made a final determination. After discussing Mr. Begley’s proposal, the following motion was made. MOTION by Gary Begley to allow candidates who failed their test to continue to practice under their provisional license for six months in order to allow the candidate and the vendor sufficient time to review the particulars of that candidate’s examination and resolve the matter. The motion includes the requirement that the candidate inform the Board by phone or email that they have appealed the results of their test and are pursuing a resolution with the vendor. 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.

Mr. Begley asked Board staff to look into whether accommodations could be made regarding the cost of retaking the exam if it is determined that there were issues with the testing process.

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

There were students, Instructors and School Representatives who attended the Virtual meeting.

EXECUTIVE DIRECTOR’S REPORT

1. Report and Discussion on Agency Departments.


• Financial Update • Personnel, Board Membership and Appointments Update

“Departure of Marisol Tovar, Administrative II - Compliance” “Welcome Amelia Heredia, Administrative II – Compliance” Irma Telles-Stewart, Deputy Director

• Licensing Update • Information Technology Update

Kim Scoplitte Executive Director informed the Board of the departure of Marisol Tovar who

worked in compliance and who has resigned. We thank her for her service and wished her the best.

Kim Scoplitte Executive Director introduced Amelia Heredia who has worked for the Board for approximately two years as a temp and now has been hired and will be working in compliance. We are so happy to have Amelia onboard with the agency.

Kim Scoplitte Executive Director stated that the agency’s new Deputy Director is Irma Telles who has worked for the Board for 30-years and has vast knowledge of the workings of this Board and we are very happy to have Irma in this position.

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

§ 38-431.02 (K). 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.

Irma Telles Deputy Director stated that for case nos. 96618 and 96619 we would ask the Board to deny licensure for providing false documents to obtain licensure by reciprocity.

1. 96618 Hung Quoc Nguyen, Reciprocity Application (Deny or grant licensure for providing false

documents to obtain licensure by reciprocity)


Rosa Rodriguez, in Compliance stated that on March 9, 2021, Board office received a Reciprocity Application for Hung Quoc Nguyen.

On March 16, 2021, Board office received a certificate of licensure from Illinois Department of Financial and Professional Regulation by regular postal service and noted that the certificate of licensure was postmarked on March 6, 2021, from Milwaukee WI.

On April 6, 2021, Board staff contacted via email the Illinois Department of Financial and Professional Regulation questioning the certificate of licensure issued for a nail technology personal license for Hung Quoc Nguyen.

On April 6, 2021, Board staff received a correspondence from the Illinois Department of Financial and Professional Regulation, confirming the document submitted by the applicant was fraudulent.

MOTION by Gary Begley for case no. 96618 to deny licensure for providing fraudulent documents to the Board. MOTION SECONDED by Thomas Rough. Roll Call: Vote Gary Begley Thomas

Rough Brandy Flores

Jenna Bentley

Amber Cepkauskas


MOTION CARRIED.

2. 96619 Cindy Vu, Reciprocity Application (Deny or grant licensure for providing false documents to obtain licensure by reciprocity)

Rosa Rodriguez, in Compliance stated that on March 10, 2021, Board office received a Reciprocity Application for Cindy Vu online.

On March 12, 2021, Board office received from the Board of Cosmetology in the State of Washington an approval certification letter, stating that the license was issued by reciprocity from the State of California.

On April 12, 2021, Board office received an email confirmation from the State Board of Cosmetology from California, stating that Cindy Vu, with her last four digits of her social security number and birth year is not licensed in the state of California.

MOTION by Thomas Rough for case no. 96619 to deny licensure for providing fraudulent documents to the Board. MOTION SECONDED by Brandy Flores. Roll Call: Vote Gary Begley Thomas

Rough Brandy Flores

Jenna Bentley

Amber Cepkauskas

Aye x x x x x

ARIZONA STATE BOARD OF COSMETOLOGY JUNE 18, 2021, TELEPHONIC BOARD MEETING PAGE 7 Nay Recused Abstained Absent

MOTION CARRIED.

B. Recommended Dismissals A.R.S. § 32-573 (B) (1).

Irma Telles Deputy Director stated the 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 cases listed below

Step 1 B except case no. 95613. MOTION SECONDED by Amber Cepkauskas. Roll Call:

Vote Gary Begley Thomas Rough

Brandy Flores Jenna Bentley Amber Cepkauskas


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. 95725 Heather Murray #31700562, Licensee (No evidence found to support allegations) 3. 96376 CT-Nails and Spa LLC #SNT19424 CT-Nails and Spa LLC, Owner Henry Quoc Su, Member 4. 96385 Nuestra Belleza Salon & Barber #SCOS18860 (No evidence found to support Silva Z. Chavez #19601302, Co-Owner allegations) Delores R. Chavez, Co-Owner 5. 96449 Debra Luciano #39500078 (No evidence found to support allegations) 6. 96472/96473 AK Nails Spa #’s SNT18557 & SAES19838 (No evidence found to support allegations) An Xuan Le #50600363, Owner 7. 96507 MDM Salon #SCOS29769 (No evidence found to support allegations) MDM Salon LLC, Owner Danielle Labatt #11500516, Statutory Agent Michael Joseph, Member 8. 96516 Debra M. Krapf #11002296, Licensee (No evidence found to support allegations) 9. 96526/96527 Nail Trends #’s SNT18712 & SAES20181 (No evidence found to support Nail Trends LLC, Owner allegations) Aric Thanh Hoang #50200519, Member


10. 96542 La Moda Hair Salon #SCOS28831 (No evidence found to support allegations) A La Moda Hair Salon LLC, Owner Oyuque Bracamonte #11401523, Member Monica Hernandez #10602038, Member 11. 96548 Sabrina Macey #39920602 (No evidence found to support allegations) 12. 96557 Hair By Ogie #SCOS575 (Salon was in compliance) Olga Gutierrez #16202021 13. 96573 Cotton Salon and Spa #SCOS30359 (No evidence found to support allegations) Cotton Salon and Spa LLC, Owner Tousled by Lauren LLC, Owner Lauren N. Fernandez #11800673, Member Hair by Leeann LLC, Owner Leann S. Tumidanski #11700201, Member Jenyle Nievarez #11302130, Licensee 14. 96577 Nails 8002 & Waxing#SNT17823 (No evidence found to support allegations) Tien Nguyen #50400228, Owner 15. 96580 The Studio Academy of Beauty #CSL172 (No evidence found to support The Studio Academy of Beauty LLC, Owner allegations) Reed Jackson Holding Inc., Owner Jeff Koluch, Director Cathy Koluch, Director Dawn C. Veatch #91100019, Director 16. 96582/96583 My Nails #SNT19912 & SAES20812 (No evidence found to support allegations) My Nails LLC, Owner Yen T. Tran #50100216, Member Tung T. Lam #50100215, Member 17. 96587/96588 Scottsdale Nails II #’s SNT14543 & SAES14485 (No evidence found to support Tung Van Huynh #59700446, Owner allegations) 18. 96589 Inya Hair Salon & Spa LLC #SCOS26168 (No evidence found to support allegations) Inya Hair Salon & Spa LLC, Owner Inya Williams #’s 10502036 & 91800027 Shawn Brooks, Member 19. 96609 Veronica Martinez #31200550 (No evidence found to support allegations) 20. 96634/96635 Blush Nail Boutique #’s SNT19235 & SAES21047 (No evidence found to Blush Nail Boutique LLC, Owner support allegations) Tuan Trinh, Member 21. 96641 JJ Beauty Institute #CSL00182 (No evidence found to support allegations) Jose Hernandez, Owner Reyna Lopez #91000006, Instructor in charge 22. 96645 Jocelyne Gonzalez Diaz #P42002369 (No evidence found to support allegations) 23. 96655 Jane L Campbell #17820675 (No evidence found to support allegations)

C. Recommended Non-Disciplinary Letter of Concern A.R.S. § 32-573 (B)(2).

Irma Telles Deputy Director 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 Amber Cepkauskas. Roll Call:





MOTION CARRIED.

1. 95824 Premier Salons #SCOS29146 (Inactive establishment license & Premier Salons LLC, Owner practicing unlicensed establishment) Karina Noemi Schofield #31800766, Member 2. 96581 Courtney N. Parker #32000507 (Advertising than salon license) 3. 96592 Beautybyale #SCOS30165 (Inactive establishment license) Beautybyale LLC, Owner Alejandra Caballero #11101992, Member/Manager 4. 96622/96623 Nail Trix II #’s SNT19614 & SAES21887 (Inactive establishment license) Nail Trix By Thuy LLC, Owner Van Nguyen #51600485, Member Thuy Nguyen #51500637, Member 5. 96625 Ambiance Salon #SCOS24913 (Inactive establishment license) Ambiance Salon LLC, Owner Jill Starcher #19814221, Member 6. 96628 Lash and Facial Lounge #SCOS29287 (Inactive establishment license) Kassaundra Macillan #11200605, Owner 7. 96633 Stephanie Caballero #P42103371 (Falsely misleading) 8. 96649 Que Bella Salon #SCOS29107 (Inactive establishment license) Que Bella Salon LLC, Owner Roberta Maione #50331137, Statutory Agent/Manager 9. 96658/96559 Bliss Nails LLC #’s SNT19653 & SAES21955 (Inactive establishment license) Bliss Nails LLC, Owner Hang Van Bui, Member Ngan Tanh Nguyen, Member Thi B. Nguyen #5033144 10. 96680 Nail Time D & D #SNT19059 (Inactive establishment license) Dat Nguyen Pham #50500442 11. 96681 Evolve Salon and Spa #SCOS28444 (Inactive personal license) Pechman Enterprises LLC, Owner Jenna Pechman #’s 51200156 & 30700161, Member 12. 96682 Classic Nails & Spa #SNT18736 (Display of licenses) Classic Nails & Spa LLC, Owner Tina Thi Do #’s 50401195 & 31600472 13. 96685 Beauty Secrets Day Spa #SAES20074 (Inactive establishment license) Beauty Secrets By Heather LLC, Owner Heather Gutier-Gaydosz #31000469, Member

D. Recommended Informal Interview or Negotiation Terms A.R.S. § 32-573 (C) (D).

Irma Telles Deputy Director 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 except case nos. 95186 and 95978. MOTION SECONDED by Amber Cepkauskas. Roll Call:




MOTION CARRIED.

1. 95186 Taglio Salon #SCOS26482 RC Salon Systems LTD, Owner Thomas Rough #19501024, Director/President Lisa Rough, Director/President CONTINUE – LACK OF QUORUM 2. 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 3. 96539 Olympus Beauty Academy #CSL00189 Olympus Inc., Owner Gerald Johnson, President Sue Markensen, Treasurer Pearl Peschio #97300451, Instructor in Charge

CONTINUE

4. 96198 Genesis Hair Artistry #SCOS23716 Bottle Stop Inc., Owner Kenneth N. Bolan, President Dororthy M. Baker, Secretary Treasurer

Offer a consent agreement to assess $250.00 civil penalty and Board costs, 12-months’ probation with early termination and to consolidate with case no. 96544 no.12., see motion above.

5. 96291 BQ Nails and Spa #SNT19655 Phuoc Long Pham, Owner

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

6. 96316 The Hill Salon & Spa #SCOS26371 Luke & Lani Enterprises, Owner April Martinez #30227873, Member Joshua Martinez, Member

Offer a consent agreement to assess $900.00 civil penalty and Board costs, 12-months’ probation with early termination see motion above.


7. 96450 & Patricia Velasquez #19916334, Owner Take no action against Licensee Patricia Velasquez.

96552 Tara Jones #19913629, Licensee Offer a consent agreement to assess $50.00 civil penalty and Board costs, 12-months’

probation with early termination see motion above. 8. 96457 Brazilian Blowdry Boutique #SCOS30396 Brazilian Blowdry Boutique LLC, Owner Kristy DiSabato #11301957, Member

CONTINUE 9. 96505 Luxury Paulene’s Nails #SNT16570 Thuc Nguyen#59800239, Owner


10. 96509 Nails 4 U #SNT17947 Nails 4 U LLC, Owner Vivian Van #50600508, Member


11. 96543 Elegant Nails #SNT19833 Vivian Nails Inc, Owner Thi Si Le, President


12. 96544 Genesis Hair Artistry #SCOS23716 Bottle Stop Inc., Owner Kenneth N. Bolan, President Dororthy M. Baker, Secretary Treasurer

See case no.96198 no. 4, see motion above. 13. 96555/96556 Darian’s Luxury Nails & Spa #’s SNT18901 & SAES20451 Thuy Thi Bich Ho #’s 51500668 & 31601045, Owner


14. 96558 Hollywood Nail Spa #SNT19819 Khang VT Investment Inc., Owner Be Thi Nguyen #50400542, President


15. 96570 Park Jun Kab #SCOS31090 KB Beauty Lab LLC, Owner Myung-Joo Shin, Member Hwang Keumbit #12100053, Member

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

16. 96571/96572 Fashion Nails #’s SNT17646 & SAES18429 AZ Mills Fashion Nails LLC, Owner Hung Quoc Le #51300365, Member



17. 96575/96576 You Need Nails #’s SNT17481 & SAES18156 Hoa Kim Giang #51300346, Owner


18. 96599 Studio Solana #SCOS30862 Studio Solana LLC, Owner Amber-Renee Gomez #11101528, Member John Joseph Sudbeck, Member


19. 96612 Elite Nails #SNT19709 Brooklyn & Co. LLC, Owner Uyen Doung, Member Nguyen Duong, Member


20. 96613 Lavender Nails & Spa #SNT19772 Lavender Nails & Spa LLC, Owner Nina Tran #51100591, Member/Manager


21. 96614 Palace Nail Lounge by Jimmy #SNT19820 Palace Nail Lounge by Jimmy LLC, Owner Jimmy Nguyen, Manager Teresa Tran #51999172, Manager


22. 96615/96616 Kim Perfect Nails #’s SNT17006 & SAES17457 Tinh Nguyen, Member Thuong Thi-Kim Phan #50900211, Member

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

23. 96617 Dakota London Hair Extensions #SCOS29863 Scott Cotten, Member Kathryn Cotten, Member CONTINUE 24. 96620/96621 Rosie Nails #’s SNT16495 & SAES21358 Bich Tuyen Thi Le #50000384, Owner Minh V. Vu #50000151, Manager CONTINUE 25. 96624 Universal Nails & Spa #SNT17854 Universal Nails & Spa LLC, Owner Phuong Tam Cong Huyen Ton Nu #30600327, Member Lam Duc Ngo #50501580, Member



26. 96626 Nohemi Quezada Llamas #11900637, Owner


27. 96627 Monet Espinoza #11501692, Owner

Offer a consent agreement to assess $750.00 civil penalty and Board costs, 12-months’ probation with early termination and for Owner Monet Espinoza to attend the Infection Protection/Law Review Class given by the Board, see motion above.

28. 96629 Amanda McCain #12000533, Owner

Offer a consent agreement to assess $1,000.00 civil penalty and Board costs, 12-months’ probation with early termination and for Owner Amanda McCain to attend the Infection Protection/Law Review Class given by the Board, see motion above.

29. 96630 Andares Salon #SCOS31188 Esmeralda Araiza #11300244, Owner

Offer a consent agreement to assess $750.00 civil penalty and Board costs, 12-months’ probation with early termination and for Owner Esmeralda Araiza to attend the Infection Protection/Law Review Class given by the Board, see motion above.

30. 96631/96632 Saigon Nails Spa LLC #’s SNT19657 & SAES21962 Saigon Nails Spa LLC, Owner Phy Thach #50500129, Member/Manager Tony Chau Do #50500650, Member/Manager Judith Thi Mai #’s 51700578 & 3180067, Member/Manager Dara Chau Do, Member/Manager


31. 96639/96640 TN Nails #’s SNT19572 & SAES21779 TN Nails LLC, Owner Thanh Tien Huynh #51800149, Member Huong Hoang D Do #51200331, Member


32. 96642 Smartstyle Claypool #11680 #SCOS31352 Siripi AZ, LLC, Owner Radhika Siripireddy, Manager


33. 96644 Lan P. Nguyen #50900292, Licensee

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

34. 96650/96651 L Skincare Services #’s SNT18292 & SAES19413 L Skincare Services LLC, Owner Lindsay Jackson Pennino #30227348, Member/Manager



35. 96653/96654 Gelish Nails by Bebe LLC #’s SNT19455 & SAES21599 Gelish Nails by Bebe LLC, Owner Tuan Trinh #51000328, Manager CONTINUE 36. 96660 Bella Nails & Spa #SNT18153 Bella Nails & Spa by Henry Le LLC, Owner Henry Le #51400207, Member


37. 96663/96664 A + Nails R U’s #’s SNT16862 & SAES16803 Nam T Pham #59717057, Owner


38. 96675 Guadalupe Trujillo #18500495, Owner


39. 96676/96677 KA-SA De Nail Spa #’s SNT17412 & SAES18056 Phuc Hong Tran #51300102, Owner


40. 96678/96679 Gorgeous Nails Spa #’s SNT18673 & SAES20027 Gorgeous Nails Spa Salon LLC, Owner Lien B Luu #’s 31200698 & 51200554, Member Thai La, Member


41. 96684 Olivia’s Beauty Bar #SAES22182 Olivia’s Beauty Bar LLC, Owner Christopher Nicholson, Member Olivia Basil #31700034, Member

Offer a consent agreement to assess $500.00 civil penalty and Board costs, 12-months’ probation with early termination and for Member Olivia Basil License no. 31700034 to attend the Infection Protection/Law Review Class given by the Board, see motion above.

42. 96686 Truth or Hair #SCOS25096 Gerrie Perez #19500676, Owner/Manager


43. 96687 Minc #SCOS21965 Amber K. Metzler #10226170, Owner/Manager


44. 96689/96690 Herbal Nails & Spa #’s SNT19559 & SAES21750 Herbal Nails & Spa 9 LLC, Owner Thai Khuu #50400187, Member



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

A. Without Negotiation Options Irma Telles, Deputy Director stated that for case nos. 96200 and 96467 Always Nails we would

like to consolidate the two cases.

1. 96200 Always Nails #SNT18694 9:30 a.m. Hoang Le Nguyen #51700225, Owner Continued from May’s Board Meeting 2. 96467 Always Nails #SNT18694 9:30 a.m. Hoang Le Nguyen #51700225, Owner Continued from May’s Board Meeting Hoang Le Nguyen Owner stated that he would take care of this and that he did not know that MMA was

not allowed in the salon and that he returned the MMA to the store. Hoang Le Nguyen stated that he will clean his salon two times a day.

Investigator Helen Bordelon stated that on July 13, 2020, Board office received an anonymous online

complaint alleging that Always Nails has unlicensed individuals working and the work stations are not clean. On February 1, 2021, Investigator Helen Bordelon went to Always Nails and spoke with Owner Hoang

Le Nguyen regarding the complaint who stated this was a false accusation. Investigator conducted an inspection and found sanitation violations in both salons which are as follows:

Clean towels were not enclosed, re-use of buffers, toe separators, files, contaminated paraffin wax, 5 out of 5 pedicure carts found with trash, nail clippings, used files, buffers, pumice stone, clean tools not enclosed and the establishment license was expired. Investigator also noted that the aesthetic establishment license was also expired.

Investigator Helen Bordelon stated that as she conducted the inspection the Owner Hoang Le Nguyen

walked with her and on three different occasions Hoang Le Nguyen reached into his pocket and took out a handful of money and asked the Investigator if she could do him a favor. The Investigator replied that she cannot accept anything from him each time.

On January 22, 2021, Investigator Helen Bordelon went back to the salon to conduct a follow-up

inspection and found the following: Tools in station drawer with money and trash, re-use of buffers, toe separators, and nail files, clean tools not enclosed and 3-gallons of MMA.

MOTION by Thomas Rough for case nos. 96200 and 96467 to adopt the Findings of Facts found

in the substantiated violations and Conclusions of Law. MOTION SECONDED by Amber Cepkauskas. 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. HISTORY: 96276 & 96282 – 2/19/2021, Consent Agreement for $1,500 Civil Penalty & Costs – Health & Safety – Work station contaminated with nail dust and clippings, re-used files, tools not enclosed, paraffin wax soiled with debris floating in the product, used buffers, files found in container labeled clean, used toe separators, clean towels not enclosed, improperly removing product from the container, contaminated wax pot, reuse of wax sticks, muslin strip and wax sticks not enclosed, not posting out for tattooing services and both establishment license were expired. 94598 – 12/13/2018, Consent Agreement for $500 Civil Penalty & Costs – Health & Safety – Product not labeled, soiled dry storage and implements not disinfected properly. 92393 & 92394 – 10/20/2017, Consent Agreement for $250 Civil Penalty & Costs – Health & Safety – Product not labeled, soiled dry storage and implements not disinfected properly.

MOTION by Gary Begley for case nos. 96200 & 96467 to offer a Consent Agreement to Owner Hoang Le Nguyen to attend the Infection Protection/Law Review Class given by the Board within 60-days, probation for 6-months and inspections to be conducted monthly and if our inspector finds that the salon is not clean you will be back before the Board and we may consider that you cannot run a safe environment. MOTION SECONDED by Jenna Bentley Roll Call:


Aye x x x x x

Nay

Recused

Abstained

Absent

MOTION CARRIED.

B. With Negotiation Options 1. 96399 Sassy Streak #SCOS30392 9:30 a.m. Heather Roberson #10402146, Owner Continued from April’s Board meeting Owner Heather Roberson stated that she has been doing this for 16-years and we all have good and

bad days and she admitted that it wasn’t one of her finest moments but with all of the texts which she said that she would fix it for free and the complainant wanted to go lighter and I explained that going lighter is a process. Heather stated that she was not aware of the bleeding as she did not see it. Heather Roberson stated that the complainant went to another salon to have her hair fixed.

Investigator Lisa Chavez stated that on November 10, 2020, Board office received an online complaint

from Analise Badey alleging that her service was rushed and the technician Heather was on the phone.


Investigator stated that on January 6, 2021, she went to the salon and spoke to Heather Roberson regarding the complaint who stated that the client had gone to another stylist and that the complainant blasted her on social media. Investigator stated that she checked the salon and that there were no issues.

Investigator stated that she interviewed the complainant who stated that when she first went to the salon

there were no issues with the hair color and the second time she went to the salon there were issues with being rushed with Heather being on the phone scheduling appointments and during the service clients came in and that was the reason why Heather was rushed. Investigator asked the complainant for photos and on the photos show the bleeding of the highlights, on the back of the complainant’s head there were placement issues.

MOTION by Brandy Flores for case no. 96399 to dismiss. MOTION SECONDED by Jenna Bentley Roll Call:


Aye x x x x x

Nay

Recused

Abstained

Absent

MOTION CARRIED.

2. 96404/96636 Riley’s Nails & Spa #’s SAES19658 & SNT18448 9:30 a.m. Phon Tran #51405240, Owner Continued from April’s Board meeting CONTINUE

3. 96407 & Aria Nails Bar #SNT19442 9:30 a.m. Aria Nails Bar LLC, Owner Continued from April’s Board meeting NEGOTIATED $600 96563 & Thy Vinh Nguyen #59716327, Member Continued from April’s Board meeting NEGOTIATED TO REVIEW AZBOC LAWS & RULES 96564 Tam Thien Bui #50501570, Member Continued from April’s Board meeting NEGOTIATED TO REVIEW AZBOC LAWS & RULES 4. 96418 Macey Gabbert #11401581 9:30 a.m. Continued from April’s Board meeting Investigator Helen Bordelon stated that on December 29, 2020, she conducted an inspection of Sorcery

Studio and the following was found: Unlicensed establishment, an expired establishment license was posted from a closed salon so she had moved to another location and had taken her expired establishment license with her and posted it and there were no IFP guidelines posted.

Investigator stated that that as of April 5, 2021, Board office has not received a new application.

MOTION by Jenna Bentley for case no. 96418 to continue to next month so staff can attempt to contact the licensee. MOTION SECONDED by Gary Begley. Roll Call:



Aye x x x x x

Nay

Recused

Abstained

Absent

MOTION CARRIED.

5. 96422 & Fresh Nails & Spa #SNT18714 9:30 a.m. Fresh Nails & Spa LLC, Owner Thanh-Danh N Tran, Member Continued from April’s Board meeting CONTINUE 96566 Linh T Le #10801389, Member Continued from April’s Board meeting CONTINUE 6. 96426 Gabrielle Angulo #11501233, Owner 9:30 a.m. Re-notice for May’s Board Meeting

Investigator Lisa Chavez stated that on December 30, 2020, she conducted an inspection of Salon Suite – Third Eye Hair Studio and found the following: Unlicensed establishment and that Owner Gabrielle Angula stated that she had a hard time paying for the establishment license and may close down the shop.

MOTION by Jenna Bentley for case no. 96426 to continue to next month so staff can attempt to contact the licensee. MOTION SECONDED by Thomas Rough. Roll Call:


Aye x x x x x

Nay

Recused

Abstained

Absent

MOTION CARRIED.

7. 96445 Nail 2001 By Sam #SNT16147 9:30 a.m. Sang Van Nguyen #59800180, Owner Continued from April’s Board meeting CONTINUE 8. 96468/96469 Herbal Nails & Spa #’s SNT18934 & SAES20502 9:30 a.m. Herbal Nails & Spa LLC, Owner Jennifer Hoa Tran #10501045, Manager Continued from April’s Board meeting

ARIZONA STATE BOARD OF COSMETOLOGY JUNE 18, 2021, TELEPHONIC BOARD MEETING PAGE 19 Investigator Lisa Chavez stated that on February 4, 2021, Investigator Ashley Atkinson conducted a routine inspection of Herbals Nails & Spa and found the following: Operating with two inactive establishment licenses which expired on 12/14/2019. Investigator stated that on March 24, 2021, Board office received reactivation fees and salon application for both license types and now has current active licenses which expire 12/14/2021.

MOTION by Jenna Bentley for case nos. 96468 & 96469 to dismiss. MOTION SECONDED by Brandy Flores. Roll Call:


Aye x x x x x

Nay

Recused

Abstained

Absent

MOTION CARRIED.

9. 96378 The Studio Academy of Beauty School #CSL74 9:30 a.m. The Studio Academy of Beauty LLC, Owner Cathy Koluch, Member Jeff Koluch, Member Amy Horine, Acting Director NEGOTIATED $250 10. 96431 Pretty Q Nails & Spa LLC #SNT19408 9:30 a.m. Pretty Q Nails & Spa LLC, Owner Thuc Quyen H Vu #10900220, Member NEGOTIATED $150/PAID 11. 96446 Michelle Alire Goff #10501582, Owner 9:30 a.m. NEGOTIATED $650 12. 96447/96448 Diva Nails #s SNT19020 & SAES20646 9:30 a.m. Diva Nails, LLC, Owner Gao Yinghua, Member Hoang Nguyen #50000346, Member NEGOTIATED $500 13. 96453/96454 Regal Nails #’s SNT15302 & SAES16299 9:30 a.m. Yvan Le #50000632, Owner NEGOTIATED $500/PAID 14. 96464 Nailit Salon & Spa LLC #SNT19627 9:30 a.m. Nailit Salon & Spa LLC, Owner Hung Nguyen #19800045, Member Continued from May’s Board Meeting NEGOTIATED 15. 96476 Smart Style #438 #SCOS13700 9:30 a.m. Minnesota Regis Corp., Owner


Paul Finkelstein, President/C.E.O. Vanessa Smith #11800355, Manager NEGOTIATED $150 16. 96477/96478 & Regal Nails #1746 #’s SNT19729 & SAES22119 9:30 a.m. 96605 Henry T Nguyen #50700543, Owner Continued from May’s Board Meeting CONTINUE 17. 96486 Expert Nails #SNT18280 9:30 a.m. Thu Van Binh Tran #50501269, Owner NEGOTIATED $250 18. 96487 Kims Nails Spa SNT18194 9:30 a.m. Kims Nails Spa LLC, Owner Chau A Ung #59700284, Member Chau Mong Hy #11202149, Licensee NEGOTIATED $250/PAID 19. 96495 Salon Armetta #SCOS24834 9:30 a.m. Salon Armetta LLC, Owner Vincenzo Armetta, Member NEGOTIATED $250 20. 96501/96502 & Luxe Nails #’s SNT19501 & SAES21609 9:30 a.m. NEGOTIATED $250 96606/96607 Michelle Nguyen #’s 50200748 & 31300067, Owner NEGOTIATED TO REVIEW AZBOC LAWS & RULES 21. 96510 Tip Top Nails by Tony #SNT16947 9:30 a.m. Lina Thi Vuong #50123516, Owner NEGOTIATED $250/12-MONTH PROBATION/1ST PAYMENT SUBMITTED 22. 96520 Cuttin Edge Hair Salon #SCOS28561 9:30 a.m. Cuttin Edge LLC, Owner Patrick Black #10332438, Member NEGOTIATED $150/PAID 23. 96521 Golden Finger #SCOS28993 9:30 a.m. Klark Salman LLC, Owner Klark Salman, Member/Barber Continued from May’s Board Meeting MOTION by Gary Begley to move case no. 96521 to a Formal Hearing and in the alternative

accept a signed consent agreement in lieu of the Formal Hearing. MOTION SECONDED by Thomas Rough.

Roll Call:


Aye x x x x x

Nay


Recused

Abstained

Absent

MOTION CARRIED.

24. 96522/96523 Cute-icle Nails by #’s SNT18503 & SAES19759 9:30 a.m. Le My Tuan Pham #’s 50331335 & 30500109, Owner NEGOTIATED $250 25. 96524 Oksana Scott #31300639, Licensee 9:30 a.m. Continued from May’s Board Meeting

Oksana Scott stated that she is renting a suite from Majestic Beauty Spa and thought she was under

Majestic Beauty Spa license and was not aware that she was supposed to have an establishment license. Oksana stated that she applied for an establishment license, resubmitted information required and the application has been approved and that she has a current establishment license.

Investigator Lisa Chavez stated that the Board office received an anonymous complaint alleging Oksana

Scott is operating an unlicensed establishment. Investigator went to the salon to speak with Oksana Scott regarding the complaint and informed her how

to go about applying for an establishment license. Investigator stated that the Board did receive an application and is currently licensed.

MOTION by Jenna Bentley to move case no. 96524 to dismiss. MOTION SECONDED by Brandy Flores. Roll Call:


Aye x x x x x

Nay

Recused

Abstained

Absent

MOTION CARRIED.

26. 96532 Shy Bella Styling #SCOS28508 9:30 a.m. Chelsea Daniels #10901604, Owner/Manager Continued from May’s Board Meeting MOTION by Gary Begley to move case no. 96532 to a Formal Hearing and in the alternative

accept a signed consent agreement in lieu of the Formal Hearing. MOTION SECONDED by Thomas Rough. Roll Call:


Aye x x x x x


Nay

Recused

Abstained

Absent

MOTION CARRIED.

27. 96534/96535 True Touch Nails & Spa LLC #’s SNT19542 & SAES21719 9:30 a.m. True Touch Nails & Spa LLC, Owner Thao Thanh Luu #’s 50600541 & 30900529, LLC Manager NEGOTIATED $500 28. 96541 A Doo!!! or Dye #SCOS27100 9:30 a.m. Misty Muse #18328035, Owner/Manager NEGOTIATED $150/PAID 29. 96604 Lan P. Nguyen #50900292, New Owner 9:30 a.m. Continued from May’s Board Meeting CONTINUE

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. 95409 Kimberly Storgaard #19501177, Licensee 9:15 a.m.

Assistant Attorney General, Marc Harris, appeared representing the State in this matter

and Mary Williams, Assistant Attorney General appeared providing independent legal advice to the Board on this matter.

Licensee was not present.


Assistant Attorney General, Marc Harris stated that a Complaint and Notice of Hearing was issued in this case. The complaint was mailed out on March 9,2021, by certified mail and first-class mail. The certified mail was signed for and the regular was not returned to the Board. Therefore, the respondent has received actual notice of the complaint and to date the Board or the State has not heard from the respondent.

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 and regarding discipline the State would recommend revocation of the license.

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

Admitted. MOTION SECONDED by Amber Cepkauskas. 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.

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.

MOTION by Thomas Rough for case no. 94509 to impose the following discipline as our Order in this matter to revoke the personal license no. 19501177. 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. 94509 to withdraw his motion.

Attorney General, Marc Harris reviewed this case with the Board and stated that on November 30, 2018, the Board Inspector conducted an inspection of Studio KB and Nail Salon located in Phoenix Arizona which resulted unsatisfactory grade for the following: Licensee was found operating, performing and advertising with a revoked personal license and operating and advertising under a revoked establishment license. On January 9, 2018, the board revoked the personal and establishment licenses.

MOTION by Thomas Rough for case no. 94509 to impose the following discipline

as our Order in this matter to revoke the personal license no. 19501177. 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). None

D. Review, Discussion and Possible Action on Respondent’s Letter following Orders of Revocation. 1. 95724, 96210 & 9621 Marissa Morris #91900020, Director/Instructor 9:15. a.m. Sigma Cuts School of Beauty Attorney General, Marc Harris reviewed this case with the Board and stated that the Board might recall that this case came before you at the March 19, 2021, Board meeting.


However Ms. Morris did not appear and at that meeting the Board Granted the State’s Motion to Deem.

The order which resulted in the Board’s motion was 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 and the Board issued a revocation.

On April 22, 2021, the Board received a letter from the respondent Ms. Morris and I

believe that the respondent’s letter and the State’s response are in your Board materials and even though the letter was sent to the Board there was no entitlement to a rehearing the State is treating it as such. In that letter Ms. Morris basically explains why she got into this bad business relationship that resulted in the action of the Board taken on March 19, 2021. However in her letter she doesn’t ask for a hearing or a review specifically she does not cite the Board’s rule setting forth the reasons for granting such a request and it is for all of those reasons the State asks that you deny a request for a rehearing or review.

MOTION by Jenna Bentley for case nos. 95724, 96210 & 96211 to Grant a request for rehearing. MOTION SECONDED by Brandy Flores.

MOTION by Jenna Bentley for case nos. 95724, 96210 & 96211 to rescind prior

motion for a rehearing and to continue this case to next month. SECONDED by Thomas Rough.




MOTION CARRIED.

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

CALL TO THE PUBLIC Pursuant to A.R.S. § 38-431.01(H), the Board may make an open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the public body on any issue within the jurisdiction of the public body. However, members of the Board are not allowed to discuss or take legal action on matters raised during an open call to the public unless the matters are properly noticed for discussion and legal action. The Board, however, may ask staff to review a matter or may ask that a matter be put on a future agenda. The following individuals called in to address the following issues regarding PCS practical exam. Alexandra Lucherini, Candidate. Tina Rowland, Student Advocate.

Anne Skubis, Aveda, Student Advocate. Sally Bell, Salon Business Owner.

• High failure rate of candidates who have failed the Practical Exam due to PCS

scoring issue. • Unprofessional PCS Proctors. • Provisional License to be extended immediately due to the scoring issue, the re-

scoring of the exam, having to re-schedule an exam and the backlog to take the exam.

• Students who failed due to PCS scoring issue to be reimbursed. • PCS unresponsive or slow to respond to complaints. • PCS to respond to the schools. • Better communication between PCS, Students and the Board.

ADJOURNMENT


MOTION by Jenna Bentley to adjourn the meeting at 11:22 a.m. MOTION SECONDED by Amber Cepkauskas. 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.

2. pledge of allegiance

Documents