1. Call to Order 2. Pledge of Allegiance 3. Roll Call of ... Meeting Minutes.pdfAug 17, 2018 · Uyen Hai Bui #51405365, Member . 93066 (No evidence found to support allegations)Regal

1740 W Adams Phoenix AZ 85007

Telephone 480.784.4539 ۰Fax 480.784.4962 www.azboc.gov

ARIZONA STATE BOARD OF COSMETOLOGY MEETING MINUTES August 17, 2018 at 9:00 a.m.

1740 W Adams, Suite 4400, Boardroom A Phoenix AZ 85007

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 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 Karla Clodfelter, Cosmetologist, Vice Chairperson

Thomas Rough, Cosmetologist Brandy B. Wells, Public Member Jenna M Bentley, Public Member

Vacant, Instructor Vacant, Nail Technician

1. Call to Order

2. Pledge of Allegiance

3. Roll Call of Board Members Gary Begley Thomas Rough Brandy Wells Jenna Bentley

http://www.azboc.gov/

ARIZONA STATE BOARD OF COSMETOLOGY AUGUST 17, 2018, BOARD MEETING PAGE 2 BOARD BUSINESS

1. Discussion, Consideration and Possible Action on Approval of Regular Board Minutes of June 15, 2018.

Continued to next Board Meeting.

2. Discussion, Consideration and Possible Action on Approval of Executive Session Minutes of June 15, 2018.


3. Discussion, Consideration and Possible Action on Approval of Regular Board Minutes of July 20, 2018.


4. Board Member Declaration of Conflict of Interest.

None.

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

5. Update and Discussion on Professional Credential Services, PSI and ProMetric regarding Written Examinations.

Executive Director Kim Scoplitte stated that a letter was sent to Andrea Bledsoe of Professional Credential Services on August 13, 2018, to inform them of the Board’s decision to terminate PSI as the provider of the written examinations and to move forward with Prometric as the provider for the written examinations.

Theresa Bunch stated she has been in contact with Professional Credential Services

setting up dates in September for the cut over to Prometric on October 1, 2018. Theresa Bunch stated we will be contacting the schools, students and candidates that may still be in the system.

6. Update Regarding Rule Exemption Request Pursuant to Executive Order 2018-02 for Omnibus Board Rule Package.

Executive Director Kim Scoplitte stated that she contacted Emily Radjakovick Director

of Boards and Commissions on August 13, 2018, to inquire on the status of the Rule Exemption as we have a Board meeting on Friday and would like to update the Board Members. Emily Radjakovick stated that she was reviewing them and would get back to her prior to Friday. On Thursday August 16, 2018, Emily Radjakovick did make contact and stated that a decision has not been made and remains under review.

ARIZONA STATE BOARD OF COSMETOLOGY AUGUST 17, 2018, BOARD MEETING PAGE 3

7. Discussion, Consideration and Possible Action on Appointment of Board Member for Vacancy on Rules Committee and Legislation Committee.

Brandy Wells stated that she would like to be on the Rules Committee. Jenna Bentley

stated that she would like to be on the Legislation Committee. MOTION by Gary Begley to appoint Brandy Wells to the Rules Committee. MOTION

SECONDED by Brandy Wells. MOTION CARRIED. MOTION by Gary Begley to appoint Jenna Bentley to the Legislation Committee.

MOTION SECONDED by Thomas Rough. MOTION CARRIED.

8. Discussion, Consideration and Possible Action on Revising Disciplinary Parameters.

• Modifications to Board’s Disciplinary Parameters Executive Director Kim Scoplitte stated that staff along with Assistant Attorney General

Baskin worked on the disciplinary parameters and have made recommendations for the Board’s review.

MOTION by Brandy Wells to accept recommendations for the Disciplinary Parameters.

MOTION SECONDED by Thomas Rough. MOTION CARRIED.

9. Discussion Regarding Arizona Administrative Code (A.A.C.) and Office of the Secretary of State Posting List Section.

• R4-10-101 Definitions 26. (a) & (c) Tenth grade equivalency means (no change)

• R4-10-403 Salon Requirements and Minimum Equipment C.1

Theresa Bunch stated that after reviewing the rules that were posted December 2017,

we had found that under definitions R4-10-101 26. (a) & (c) Tenth grade equivalency means, there was no definition indicated only “no change”, this was the same for R4-10-403 Salon Requirements and Minimum Equipment C.1. Theresa Bunch state she made contact with the Secretary of State regarding the errors which will be corrected.

10. Update Regarding Arizona Revised Statute (A.R.S.) § 32-501 Definitions to Include “Hairstyling.”

Theresa Bunch stated that since the Bill was passed for Hairstyling on January 1,

2018, the rules have been updated in Arizona Revised Statute and the Administrative Codes have been updated regarding “Hairstyling”, and a packet has been given to each Board Member.


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

Students and Representatives from Aveda Institute, Penrose Academy, Gateway

Community College, Protégé College of Cosmetology and Don Villa Beauty School were in attendance.

EXECUTIVE DIRECTOR’S REPORT

1. Report and Discussion on Agency Departments.

• Financial • Personnel, Board Membership and Appointments

Introduction of new Deputy Director Theresa Bunch • Licensing • Information Technology

Executive Director Kim Scoplitte introduced the agency’s new Deputy Director, Theresa Bunch and we are excited to get started.

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

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. Recommend Application Denials

None

B. Recommend Dismissals

MOTION by Thomas Rough to accept staff recommendations for all those listed below Step 1 B. MOTION SECONDED by Brandy Wells. MOTION CARRIED.


92696 Vidogi Salon #SCOS24538 (No evidence found to support allegations) Diamond Team LLC, Owner “Denise” Uyen Le #’s10400945 & 50023504, Member/Manager Bryon A Tanigawa, Manager Dioma Tanigawa, Member 92823 Sierra Hair Zone #SCOS17730 (No violations found to support allegations) Yu Sun Sutton #19815719, Owner Shalynn R Jacobs #11301415, Licensee 92850 Bravo Salon #SCOS18190 (No violations found to support allegations) Alicia Bravo #18022691, Owner Briana Hobbs #11200447, Licensee 92860 Golden Rule Salon #SCOS28007 (No evidence found to support allegations) Believe Body LLC, Owner Karen Spaulding, Manager/Member Brigitte E Lamoreaux #10701343, Licensee 92862 Modern Love & Med Spa #SCOS26600 (No violations found to support allegations) Modern Love & Med Spa LLC, Owner Mahvush Hamid, Member Saquib Hamid, Member 92881 Arizona Hair Co. #SCOS3759 (No violations found to support allegations) San Mar ENT. Inc., Owner Sandra Marshall #1741544 (Inactive), President 92905 Bavilon Beauty Salon Inc., #SCOS20788 (No violations found to support allegations) Bavilon Beauty Salon Inc., Owner John Chaisson, Jr., President Charles Colbath, V-President Tammy, Licensee 92922 Textures LLC #SCOS18596 (No violations found to support allegations) Textures LLC, Owner Angela Chilcher.Member Julie Hidebrand, Member 92929 Nathan Ortiz, Student (Insufficient evidence of unlicensed practice & activity) 92977 Hair by Lesley Taylor #SCOS27843 (No evidence found to support allegations) Lesley Taylor #11600351, Licensee 93007 Raegenea Maria Case #10401737 (Inactive) (No evidence found to support allegations)) 93008 Great Clips for Hair #SCOS8026 (No evidence found to support allegations) William Jackson, Owner Alejandra Fernandez #10900695, Manager 93009 Nail Bar & Lounge #SNT18980 (No evidence found to support allegations) Nail Bar & Lounge 1 LLC, Owner Uyen Hai Bui #51405365, Member 93066 Regal Nails #2113 #SAES16088 (No evidence found to support allegations) Ut Van Tai #50000241, Owner Khuyen Nguyen #59900234, Manager 93138 Sport Clips #SCOS15987 (No jurisdiction - refer to proper authorities) Lee Hill Investment LLC, Owner Val Hill, Member Jared Lee, Member 93160 Scissor Sage Hair Studio #SCOS26517 (Salon is in compliance Darla Garterfield #11003060, Owner 93211 SportClips AZ 120 #SCOS20437 (Salon is in compliance) Lee Hill Investments LLC, Owner Jared Lee, Member Val Hill, Member


C. Recommend Letter of Concern

MOTION by Thomas Rough to accept staff recommendations for all those listed below Step 1 C. MOTION SECONDED by Brandy Wells. MOTION CARRIED.

93132 Silver Scissor’s #SCOS21967 (Delinquent Establishment license) Pamela K. Lovingood #17820400, Owner 93133 Sports Clips TPC #SCOS26846 (Delinquent Personal license & exposed storage) The Peacock Companies LLC Michele E. Peacock, Member Joe Peacock, Member Val Hill, Member Jared Lee, Member 93134 Salon Escape #SCOS24189 (Delinquent establishment & personal license) April D. Smith #50226221, Owner 93142 Glitter Nail Bar Inc #SNT18865 (Two delinquent personal license & linens enclosed) Glitter Nail Bar Inc., Owner Gina Hoang, President 93145/93146 Luxe Nail Bar #’s SNT18622 & SAES19940 (Delinquent Establishment license) Luxe Nail bar LLC, Owner Anh Nguyen #50200058, Manager Trinh Tran #50331490, Member 93147 DV Nails #SNT12020 (Delinquent Establishment license) Duc Thien Ong, Owner 93149/93150 Star Nails & Spa #’s SNT16583 & SAES16885 (Delinquent Establishment license) Long Nguyen, Owner 93152 The Rose Hair Art Studio LLC #SCOS27201 (Delinquent establishment & personal license) The Rose Hair Art Studio LLC, Owner Kirk Baumgartner, Statutory Agent Rochelle Baumgartner #10901360, Manager/Member 93154 Hand & Stone Massage Spa Estrella Falls #SAES16581 (Delinquent establishment & personal

Rejuvenate Inc., Owner license) Steven E. Correll, President Tracie R. Correll, Secretary/Treasurer 93161 Tiffany Lynne #SCOS25961 (Delinquent personal license) Tiffany Morales #10900331, Owner 93166 My Salon Studios #SCOS22874 (Delinquent personal license) D & T95 Investments LLC, Owner Doanh Trong Bui, Member Tiffany Dyen Dang #19700865, Member 93167 Suite Skin #SAES19167 (Delinquent establishment license)

Desiree Lalonde #31500213, Owner Valerie Lalonde #31500212 Owner

93176 QNail Bar LLC #SNT18272 (Delinquent personal license) QNail Bar LLC, Owner Logan Ta, #50700903, Member/Manager Huyen Nguyen, CEO 93177/93178 Supertouch Nail Salon #’s SNT18527 & SAES19799 (Delinquent establishment & Huong Thi Nguyen #50100240, Owner personal license) Tammy Mai #50401224, Owner 93179 Tulips Nail & Spa #SNT19011 (Current licenses not displayed) Tham T Vo. Owner 93180 F.M. Beauty Bar #SCOS23901 (Current licenses not displayed) Felicia Escaner #11100686, Owner


93181 Awsum Salon LLC #SCOS26558 (Delinquent personal license) Awsum Salon LLC, Owner Chris Chapin, President 93184 Herbal Nail Bar LLC #SNT17201 (Delinquent personal license & licenses not posted) Herbal Nail Bar LLC, Owner Quyen Huu Dinh #51100561, Member 93186 Ivy Bloom Salon #SCOS25323 (Delinquent personal license) Maren Bloomer #10121729, Owner 93188 Hair Goddess Studio #SCOS25433 (Delinquent personal license) Kelsey Abruzzo #11100285, Owner Christopher Chapin #10021173, Owner 93205 Great Clips #SCOS23111 (Delinquent personal license) Higley Clips Inc., Owner 93212 North Valley Dermatology LLC #SAES16766 (Delinquent establishment license) North Valley Dermatology LLC, Owner Mary Fredenberg MD, Member Theresa Magne MD, Member 93221/93222 Club Nails & Spa #SNT16430 & SAES16702 (Delinquent personal license) Huong Nguyen #30330725, Owner Betterhart Hair Shop LLC, Owner Jeffery Betters #11000507, Co-Owner Valerie B. Burkhart #10800189, Co-Owner

D. Recommend Informal Interview or Negotiation Terms

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

1. 92259 Nailsfirst #’s SNT18923 & SAES20485 Nails First by Tom LLC, Owner Huy N Nguyen #’s 50200761 & 30400253, Member

Offer a consent agreement to assess $500.00 civil penalty and Board costs, 6-months’ probation with early termination, see motion above.

2. 92693 Cutter’s Four #SCOS27470 Lisa Brown #10801804, Partnership Jacqueline Ruda #11301595, Partnership Samantha Dominguez #11102054, Licensee/Partnership Issue a Letter of Concern for malpractice and incompetence, see motion above. 3. 92717 Anna Josette Phipps #11500784, Licensee


4. 92765 Elisha Harris #50500767 (Inactive 2009)


5. 92772/92773 Exquisites Inc. #SNT17803 & SAES18636 Exquisites Inc., Owner Simon Sin Ngan #59921349, President/Director

Issue a Letter of Concern for wet disinfectant not larger enough for complete immersion, see motion above.

6. 92791/92792 Nail Pro #’s SNT15246 & SAES18992


Long Nguyen #50022471, Owner Offer a consent agreement to assess $500.00 civil penalty and Board costs, 6-months’

probation with early termination, see motion above. 7. 92864 Arizona Hair Co #SCOS24505 San-Mar Enterprises LTD Paula D Denis #18022767, President Barbara Vicory, Secretary/Treasurer

Issue a Letter of Concern for not notifying Board of salon ownership change, see motion above.

Keri Ann Hughes #10701387, Licensee Stephanie Coulter #11700647, Licensee

Offer a consent agreement to licensee Stephanie Coulter to attend the Infection Protection/Law Review class given by the Board, see motion above.

8. 92873 Lux’s Nails Spa #SNT18799 Lux’s Nails Spa LLC, Owner Phuong Vo #50100238, Manager/Member Andy Ngoc Nguyen #50700701 (Revoked – 9.2.16) Continued, see motion above. 9. 92875 The Nail Lounge Gilbert LLC #SNT18734 The Nail Lounge Gilbert LLC, Owner Binh “Ben” P Lam #59600678, Licensee/Member


10. 92918/93433 Nail Touch by Kim #’s SAES16470 & SNT16249 Kimberly Luc #50300039, Owner Hung Nguyen #50800589, Manager

Offer a consent agreement to assess $500.00 civil penalty and Board costs, 6-months’ probation with early termination, High Risk follow-up Inspection, see motion above.

11. 92927 Capri Nails #SNT15118 Hoang Nguyen #50124978, Owner


12. 92986/92987 1 Elite Nails #’s SNT18037 & SAES19003 1 Elite Nails LLC, Owner Michael Quan, Member


13. 93000 Prestige Nails #SNT17844 Helen Nguyen #51200658, Owner


14. 93012/93434 Nail Touch by Kim #SNT16249 & SAES16470 Kimberly Luc #50300039, Owner Hung Nguyen #50800589, Manager


15. 93060 Fields Good Barber & Beauty Salon #SCOS9474


Larry Fields, Owner Darva Fields, Owner


16. 93061 Supercuts #81669 #SCOS25647 Derbailey 4 LLC, Owner Robert W. Hagemann Jr., President Susan E. Hagemann, Vice-President


17. 93062/93063 Come For Nails #’s SNT15851 & SAES16104 Thuy Minh Ngoc Pham #’s 59920087 & 30900026, Owner

Offer a consent agreement to assess $250.00 civil penalty and Board costs, 6-months’ probation with early termination, High Risk follow-up Inspection, see motion above.

18. 93064 Sutton Services LLC #SCOS23515 Sutton Services LLC, Owner Damon Sutton, Member, #10331996


19. 93070 Daniel’s Hair Design PLC, #SCOS26704 Daniel’s Hair Design PLC, Owner Zhi Wen Chen, #11002056, Member


20. 93077 Barbara D. Wolfley #59500860, Licensee

Offer a consent agreement to assess $150.00 civil penalty and Board costs, for licensee Barbara Wolfley to attend the Infection Protection/Law Review class given by the Board and 6-months’ probation with early termination, see motion above.

93078 Desiree Walker #50022979, Licensee Offer a consent agreement to assess $150.00 civil penalty and Board costs, for licensee

Desiree Walker to attend the Infection Protection/Law Review class given by the Board and 6-months’ probation with early termination, see motion above.

93079 Mary Strauss #59600351, Licensee

Offer a consent agreement to assess $150.00 civil penalty and Board costs, for licensee Mary Strauss to attend the Infection Protection/Law Review class given by the Board and 6-months’ probation with early termination, see motion above.

21. 93080 Blush Hair & Makeup #SCOS25575 Kathy A Dow #18326708, Owner Elizabeth Crawford #10401715, Owner


22. 93081 Trubeauty Lounge LLC #SNT18462 Trubeauty Lounge LLC, Owner Thuylinh Truong #50600120, Member


23. 93082 Locks by Lexii Hair Design LLC #SCOS27055


Locks by Lexii Hair Design LLC, Owner Alexandra Waterworth #11201437, Member


24. 93086 Shear Designs by Liana #SCOS25440 Liana Demar #11000727, Owner


25. 93087 Angela K. Tarsha #10400278, Owner/Manager


26. 93088 Lori Mohr-Carigan #31500706, Licensee


27. 93089 Jennifer Krug #10901908, Owner/Manager


28. 93090 Shear Perfection Studio #SCOS26928 Jacquelyn Balzer #10601963, Owner


29. 93092 Thee Salon #SCOS26666 Virginia E. Sainz #16607448, Owner


30. 93094 Pamper Me Craze #SCOS28116 Sandreka Austin #10601342, Owner


31. 93095/93096 Golden Nails & Spa #’s SNT18946 & SAES19991 Golden Nails & Spa LLC, Owner Vu Nguyen #50700076, Member


32. 93109 Fantastic Sams #SCOS13553 EDDM, Investment Corp, Owner Edward D. Daniel, President Brenda Daniel, Secretary


33. 93110 Judy’s Body Waxing #SAES15646 Judy Wilcox LLC, Owner Judy A. Wilcox, Member Rock Wilcox, Member



34. 93111 Bishops Tempe at the Wedge #SCOS27222 Little Jenneral LLC, Owner Jennifer Goodrich, Manager/Member Scott Goodrich, Manager/Member


35. 93112 Aloha’ OE #SCOS17742 Summer Warnock #10327021, Owner


36. 93113 Top Nail #SCOS23267 Michelle Chau Ta #11001093, Owner


37. 93114 B’Dazzle Salon and Spa #SCOS26806 Jennifer J. Lund #59921958, Co-owner Dawn R. Stice #10800033, Co-owner


38. 93116 Avabella #SCOS21959 Melissa Nichole Cottrell #11101163, Owner


39. 93118 Dimensions Salon & Spa #SCOS17051 Shelly Lyn Buckley #10501564, Owner


40. 93119/93120 N & N Nails & Spa #’s SNT17060 & SAES17534 Baoloc T. Nguyen #50226232, Owner

Offer a consent agreement to assess $2,000.00 civil penalty and Board costs, 6-months’ probation with early termination, High Risk follow-up Inspection, see motion above.

41. 93135 Nail Jewelry #SNT17273 Son Xuan Dinh #50100471, Owner


42. 93136 Sloan Studio #SCOS25170 Plecka PLLC, Owner Heather Shaner, Member


43. 93137 Salon Citrine #SCOS24947 Cynthia Engstrom #19700815, Owner


44. 93139/93140 Nails Club LLC #’s SNT17542 & SAES18252


Nails Club LLC, Owner James Q. Tran, Manager


45. 93141 Rock Studio #SCOS27081 Tina Burnham, #10122782, Owner


46. 93143 Dollface Lash Studio #SAES20199 Annie Gonzaba #31400310, Owner


47. 93144 Platinum1 Studio LLC, #SCOS25906 Samantha Elkins #11300252, Member Ben Elkins, Member


48. 93148 The League Barbershop & Salon #SCOS19149 Work Hard Play LLC, Owner Kevin Gardner, Member Issue a Letter of Concern for a delinquent establishment license, see motion above. 49. 93153 Latino Beauty Salon #SCOS27145 Thomas Rodriguez, Owner


50. 93155/93156 Paris Nail Lounge LLC #SNT18629 & SAES20220 Paris Nail Lounge LLC, Owner Anthony Tran, Member


END OF CONSENT AGENDA

STEP 2: INFORMAL INTERVIEWS

A. Without Negotiation Options

1. 92420 Robert Howeil #11500683, Licensee/Owner 9:45 a.m. Continued from July Board Meeting

Robert Howeil was sworn in and stated that he came to my place to get an Ombre. Robert Howeil stated he has been in the business for twenty-five years in New York and Arizona. Robert Howeil stated he did the color she liked the back but she did not like the sides of her hair. Robert Howeil stated that he could remove the color on the sides and she said she wants her money back. Robert Howeil stated the salon is very clean I have my assistant and wife help clean after I finish a job, my customers are very happy never any complaints just these two. I have a bath sanitizer and put all of the combs in there and I have a cover. Robert Howeil stated his wife passed away in Europe and I forgot to renew the license.


Investigator Amber Bingham testified that on January 20, 2018, Board office received a complaint from Janet Munguia alleging she went to Robert’s Hair Salon and Robert performed the service that damaged her hair. The Complainant requested an Ombre hair coloring and he fried her hair, there were blotchy areas of yellow, blonde and orange tones and alleges he left her under the hair dryer for too long. The complainant requested a partial refund but Robert refused.

On February 12, 2018, Investigator Amber Bingham contacted complainant Janet Munguia and conducted and interview/investigation via phone. Janet Munguia stated that on or about January 1, 2018, she went to Robert’s Hair Salon and received an Ombre color service and stated the following: Janet showed Robert a picture of the desired hair color/Ombre. Robert applied the color to Janet’s ends in foils and was placed under a hooded heated dryer for about one and a half hours. Robert’s wife rinsed out the color and preformed a blow-dry service on Janet. Janet paid about $70.00 in cash and was given a written receipt. On February 10, 2018, Janet received a corrective color service from a different salon.

Investigator Amber Bingham stated on March 1, 2018, she and Investigator Lisa Chavez went to Robert’s Hair Salon and presented a copy of the complaint to Robert Howeil who stated he applied Rusk lightener with 20 volume and checked Janet’s hair every 5 to 10 minutes. He informed the investigator that he did not place the complainant Janet under the dryer. Investigators proceeded to check health, safety, infection protection and license display and found the following: floor soiled with hair (no clients in the salon), wet disinfectant open (not enclosed no lid), no salon establishment license (not issued for address and not displayed), Hair implements open and not enclosed, Wax pot without lid and wax stick left in wax (wax pot not on at time of investigation) and Robert’s station soiled with hair. Investigator Amber Bingham presented photos to the Board Members which were submitted by the complainant.

MOTION by Thomas Rough to move for case no. 92420 all alleged violations cited in the Investigation Report have been shown except A.R.S § 32-572 (A)(4). MOTION SECONDED by Jenna Bentley. MOTION CARRIED.

SUBSTANTIATED VIOLATIONS A.R.S. § 32-574 (A)(4)(5)(8) Practicing in an unlicensed establishment/unlicensed establishment A.R.S. § 32-541 (B)/A.A.C. R4-10-112 (A)(4)(C)(1)(2)(E)(1)(L)(R)(1) Infection Control/Safety Standards A.R.S. § 32-572 (A)(6) Violation of Statute or Rule STAFF REPORTED NO HISTORY

MOTION by Brandy Wells for case no. 92420 to offer a Consent Agreement for Licensee/Owner Robert Howeil #11500683 to attend the Infection Protection/Law Review class given by the Board, 1-year probation and to monitor salon to ensure timely renewal of establishment license after a prolonged period of working in an unlicensed establishment. The investigative findings are: on or about March 1, 2018, Board Investigator found floor soiled with hair, wet disinfectant open, no salon establishment license, hair implements open and not enclosed, wax pot without a lid and wax stick left in the wax and Robert Howeil station soiled with hair which are violations of statutes A.R.S. § 32-574 (A)(4)(5)(8) and A.R.S. § 32-541 (B)/A.A.C. R4-10-112 (A)(4)(C)(1)(2)(E)(1)(L)(R)(1). MOTION SECONDED by Jenna Bentley.

Vote Mr. Begley Ms. Clodfelter Mr. Rough Ms. Wells Ms. Bentley

Aye x x x

Nay x

Recused

Abstained

Absent x

MOTION CARRIED. Thomas Rough voted NAY.

2. 92742 Robert Howeil #11500683, Licensee/Owner 9:45 a.m. Continued from July Board Meeting


Robert Howeil was sworn in and stated the first time she come in I wash her hair I see spots and Robert asked her what is that and Kristian said she was going to have an operation on her scalp, and Robert said you should postpone the perm until you see what your doctor says. Kristian told me to go ahead and do the perm. Kristian liked the perm, I told her not to wash her hair for 4-days and on the fifth day she came into the salon and said doctor told me don’t do perm and she wanted her money back. Robert said why would you get a perm if your doctor told you not to and there is nothing wrong with your hair no damage. Board Member Jenna Bentley asked if there were any documentation/receipts from urgent care or from the physician. Investigator Amber Bingham stated only pictures of the prescriptions no documentation from a physician or from urgent care.

Complainant Kristian Winlock, was sworn in and stated that Robert had asked why I had patches of short hair. I explained to him it was from surgery I had a year before and I had been cleared for such perms. Initially I was happy however, I did not realize how much hair he had cut off until after the doctor had washed my hair and I used the flat iron, I saw how much was cut. Kristian stated she just wanted a refund and she would not go to the State Board. Kristian stated she went to urgent care because she had burning throughout her head.

Investigator Amber Bingham testified that on February 12, 2018, Board office received a complaint from Kristian Winlock alleging she went to Robert’s Hair Salon on January 31, 2018, for a trim and spiral perm performed by Owner Robert and stated the following: paid $110.00 for both services, requested a V-cut which resulted in a smile cut and jagged up to her shoulder, spiral perm resulted in over processed hair and burning of the scalp with blisters, returned to the salon February 4, 2018, to show Owner Robert who roughly went through her scalp and flipped her hair and said, “your hair isn’t burned”, complainant told Owner it was her scalp. Owner grabbed complainant’s hair on the right side and she slapped his hands requesting that he does not do that, complainant’s friend called the police and a report was filed. Owner blaming the missing hair from a previous surgery complainant went through.

On March 1, 2018, Investigator Amber Bingham and Lisa Chavez conducted an interview/investigation with Kristian Winlock who stated the following: on or around January 31, 2018 she went to Robert’s Hair salon and received a spiral perm and trim perm performed by Owner Robert Howeil. Kristian stated she requested a 1-inch cut from the ends and said 7-8 inches were cut. Robert used purple and white perm rods, after perm was applied Robert wanted to place me under the dryer but the dryer was not working and Robert used a cap. Kristian stated that she told Robert that her head was hot and Robert left the perm on another 10 to 15 minutes. Robert rinsed the perm out for about 30 seconds and placed the neutralizer on for about 15 minutes and then rinsed. Kristian stated she paid $110.00 and left the salon with wet hair and was told not to wash her hair for 4-days.

On January 31, 2018 Kristian informed the Investigator that she went to the urgent care due to her scalp burning. The doctor washed her hair examined and prescribed medicated shampoo and ointment. Kristian stated she went back to the salon and requested a refund and was denied due to washing her hair, mall security was called.

On March 1, 2018, Investigator Amber Bingham and Lisa Chavez went to Robert’s Hair Salon to present a copy of the complaint to Owner Robert Howiel who denied the allegations. Robert confirmed that Kristian received a perm and a haircut service. Robert stated he had a consultation with Kristian who has been advised by a doctor not to receive perms and they would not be good for her scalp due to a previous surgery. Robert stated he did the following: cut 1 ½ inches prior to the perm service, used purple and white rods, rods were rolled 1-inch from the scalp to avoid scalp irritation, perm was left on for about 30 minutes with processing cap, no dryer, perm was rinsed until water ran clear, placed neutralizer on for 7 to 10 minutes and then rinsed and Kristian paid $85.00 for perm service. Robert informed the Investigators he advised Kristian not to wash her hair for 4-days after the perm serviced was done. Investigators proceeds to check health, safety, infection protection and license display and found the following: floor soiled with hair (no clients in the salon), wet disinfectant open (not enclosed no lid), no salon establishment license (not issued for address and not displayed), hair implements open and not enclosed, wax pot without lid and wax stick left in wax (wax pot not on at time of investigation) and Robert Howeil station soiled with hair. Investigator presented photos to the Board Members.


MOTION by Thomas Rough for case no. 92742 to dismiss due to insufficient evidence. MOTION SECONDED by Jenna Bentley. MOTION CARRIED.

3. 92661 The Skin Loft #SAES20263 9:45 a.m. Calli Albertson #31500800, Owner Continued from July Board Meeting 4. 92690 The Skin Loft #SAES20263 9:45 a.m. Calli Albertson #31500800, Owner Continued from July Board Meeting

B. With Negotiation Options

1. 92616 Alysia M Lloyd #11600135, Licensee 10:00 a.m. Continued from July Board Meeting CONTINUANCE GRANTED

2. 92966 Kelsey Adams #31700823, Licensee 10:00 a.m. Continued from July Board Meeting NEGOTIATED $50/PAID 3. 92839 Tammy Nails Spa LLC #SAES19951 10:00 a.m. Tammy Nails Spa LLC, Owner Lanna Dang, Owner To Kim Nguyen #30700051, Licensee NEGOTIATED $250/RESTITUTION $15.00 4. 92865 Boston Nails 4 LLC #SNT18457 10:00 a.m. Boston Nails 4 LLC, Owner Hung Hoang, Member Lieu Nguyen, Member Kathy Nguyen #59600600, Member/Licensee Hieu T Tran #59900117, Member/Licensee NEGOTIATED $250/PAID 5. 92906 My Nail Spa @ Marley Park Plaza #SNT17967 10:00 a.m. Quang Vinh Nguyen #50601174, Owner “Mary” Nhu Thi Quynh Pham #11301802, Licensee NEGOTIATED 6. 92944 Johnny B’s Barber Beauty #SCOS21512 10:00 a.m. John B. Lewis LLC, Owner John B. Lewis, Member NEGOTIATED $250 93301 Brandon Fleming #10021361, Manager NEGOTIATED TO ATTEND BOARD CLASS 93302 Tracy Peck #10225769, Licensee NEGOTIATED TO ATTEND 10/15/18 CLASS 7. 92979 & Magic Hair Salon #SCOS18700 10:00 a.m. NEGOTIATED $250 93303 Rosa Perez #10300139, Owner NEGOTIATED TO ATTEND BOARD CLASS 8. 92980 Fiesta Hair Design’s #SCOS27649 10:00 a.m. Jesus A. Ramirez, Owner


RE-NOTICE 9. 92985 Hair By Angie #SCOS25230 10:00 a.m. Angela Elmer #10123973, Owner CONTINUE 10. 92988 Zoe’s Salon LLC #SCOS17753 10:00 a.m. Zoe’s Salon LLC, Owner Zohreh Shahidinejad, Member NEGOTIATED $250/PAID 11. 92991 European Wax Center #SAES19409 10:00 a.m. Lindsey and McCready Holdings LLC, Owner Brianna Lindsey, Member Gina McCready, Member No Show

12. 92994/92995 Regal Nails Salon #’s SNT18876 & SAES20415 10:00 a.m. Kevin V. Ho #50700848, Partnership Tina Diem Trieu #11302150, Partnership NEGOTIATED $500 13. 92996 Ava R. Fitzloff #19918984, Owner/Licensee 10:00 a.m.

Ava Fitzloff was sworn in and stated that this was the first time in a suite, the second person to move in and did not know she needed an establishment license I thought my personal license was good. The shampoo bowl was broke for about a month and after I failed the inspection the landlord fixed the bowl and I do now have the proper disinfectant. Ava Fitzloff stated that she does now have an establishment license.

Inspector Velma Mack testified that on May 11, 2018, she conducted an inspection of Hairology by Ava Rochelle and found the following: Owner/Licensee was found operating an unlicensed establishment, no outside sign, no wet disinfectant, no first aid kit, shampoo bowl was not working, and no hot or cold running water.

MOTION by Thomas Rough for case no. 92996 all alleged violations cited in the inspection summary have been shown. MOTION SECONDED by Jenna Bentley. MOTION CARRIED.

SUBSTANTIATED VIOLATIONS A.R.S. § 32-574 (A)(5)(8) Practicing in an unlicensed establishment/Unlicensed Establishment

A.R.S. § 32-541 (B)/A.C.C. R4-10-112 A.A.C. R4-10-111 (D) Display of Licenses and Signs

A.R.S. § 32-572 (A)(6) Violation of Statute or Rule STAFF REPORTED NO HISTORY

MOTION by Thomas Rough for case no. 92996 to issue a disciplinary Letter of Concern for operating an unlicensed establishment, shampoo bowl not in good operating condition, display of signs and no running cold water. MOTION SECONDED by Brandy Wells.


Aye x x x x

Nay

Recused

Abstained

Absent x

MOTION CARRIED.

14. 92997 Modelo Hair Salon #SCOS17969 10:00 a.m.


Juana Ines Mendoza. Owner CONTINUANCE GRANTED 15. 92998 Bryce Tran #51405316, Owner/Manager 10:00 a.m. NEGOTIATED $500 16. 93001 Kimberly Moore #11200789, Owner/Manager 10:00 a.m.

Kimberly Moore was sworn in and stated that this was her first time in a suite and that she received a list and thought she had everything she needed and she did not realize she needed an establishment license. Kimberly Moore stated she went the next day and applied for her establishment license.

Inspector Velma Mack testified that on May 14, 2018, she conducted an inspection of Southern Roots Hair Studio and found the following: owner/licensee operating an unlicensed establishment, establishment had an inadequate wet disinfectant, tools were not completely immersed and no first aid kit.


SUBSTANTIATED VIOLATIONS A.R.S. § 32-574 (A)(5)(8) Practicing in an unlicensed establishment

A.R.S. § 32-541 (B)/A.C.C. R4-10-112 (A)(4)(a) Infection Control/Safety Standards A.R.S. § 32-572 (A)(6) Violation of Statute or Rule STAFF REPORTED NO HISTORY

MOTION by Thomas Rough for case no. 93001 to issue a disciplinary Letter of Concern for operating an unlicensed establishment and a wet disinfectant not large enough for complete immersion. MOTION SECONDED by Brandy Wells.


Aye x x x x

Nay

Recused

Abstained

Absent x

MOTION CARRIED.

17. 93013 Vanessa Munoz #10700463, Owner/Manager 10:00 a.m. No Show 18. 93014 Barber Beauty Parlor LLC #SCOS27968 10:00 a.m. Barber Beauty Parlor LLC, Owner Stan Isakov, Member No Show 19. 93016 & El y Ella Unisex Beauty Salon #SCOS15778 10:00 a.m. NEGOTIATED $250/6-MONTH PROBATION/F1ST PAYMENT SUBMITTED 93304 Carmen Andrade #18327997, Owner NEGOTIATED TO ATTEND BOARD CLASS/SCHEDULED 9.10.2018 20. 93017/93018 & Unix Nails & Spa #’s SNT18377 & SAES19546 10:00 a.m. NEGOTIATED $500 93362/93363 Nhung Hong Do #’s 50500030 & 30500591, Owner NEGOTIATED TO ATTEND CLASS 21. 93021 Ashley Demuro #11102367, Owner/Manager 10:00 a.m. NEGOTIATED $500/PAID & TO ATTEND 9/24/18 CLASS


22. 93023 Johanna Beauty Salon Inc. #SCOS21528 10:00 a.m. Johanna Beauty Salon Inc., Owner Raynoldo Rocha, CEO Veronica Gonzalez, President NEGOTIATED $750/6 MONTH PROBATION 23. 93024 Fernando’s Barbershop & Beauty Salon #SCO25285 10:00 a.m. Martin Fuentes, Owner NEGOTIATED $250 24. 93025/93026 & Regal Nails by Hue #’s SNT17077 & SAES17839 10:00 a.m. 93305 Hue Lai #50401250, Owner CONTINUANCE GRANTED 25. 93029 Modern Beauty Salon by D’Image #SCOS19568 10:00 a.m. Grisel Castorena #10902036, Owner NEGOTIATED $500

26. 93030 Phoenician Hair Co. #SCOS23350 10:00 a.m. Juan Estrada, #17921623, Owner NEGOTIAED $250/6-MONTH PROBATION/ 27. 93031 & Angel Touch Nails by Navia #SNT16775 10:00 a.m. NEGOTIATED $250 93306 Giao Ngoc Nguyen #50500591, Owner NEGOTIATED TO ATTEND Board CLASS 28. 93032 Shapella Hair Designs LLC #SCOS21359 10:00 a.m. Shapella Hair Designs LLC, Owner Jackie Verdine #19600113, Member No Show 29. 93033 Marlys A. Payne #10701068, Owner/Manager 10:00 a.m.

Marlys Payne was sworn is and stated that the salon owner locked us out and we had 4-hours to find a salon. Marlys Payne stated she is going to Swina, trying to find a salon and going through cancer treatment and there was just a lot going on. Marlys Payne stated for twelve years she had worked under someone’s establishment license and did not know I needed one and that she does have one now.

Investigator Amber Bingham testified that on May 29, 2018, she conducted an inspection of Luminous Beauty LLC and found the following: Licensee/Owner Marlys Payne operating an unlicensed establishment and the blood spill kit was incomplete.


SUBSTANTIATED VIOLATIONS A.R.S. § 32-574 (A)(5)(8) Practicing in an unlicensed establishment

A.R.S. § 32-541 (B)/A.C.C. R4-10-112 (T)(1) Infection Control/Safety Standards A.R.S. § 32-572 (A)(6) Violation of Statute or Rule STAFF REPORTED NO HISTORY

MOTION by Thomas Rough for case no. 93033 to issue a disciplinary Letter of Concern for operating an unlicensed establishment and for an incomplete blood spill kit. MOTION SECONDED by Jenna Bentley.

ARIZONA STATE BOARD OF COSMETOLOGY AUGUST 17, 2018, BOARD MEETING PAGE 19 Vote Mr. Begley Ms. Clodfelter Mr. Rough Ms. Wells Ms. Bentley

Aye x x x x

Nay

Recused

Abstained

Absent x

MOTION CARRIED.

30. 93036/93037 Blue Sky Nails & Spa #’s SNT17631 & SAES18408 10:00 a.m. Trang Hoang Vo #’s 50600849 & 30600729, Owner Continued 31. 93038 Norterra Salon and Spa #SCOS26910 10:00 a.m. Taberis LLC, Owner Tawn M Berman, Member NEGOTIATED $250/PAID 32. 93041 European Wax Center-Tempe Rural/Baseline #SAES18448 10:00 a.m. Location #5 Inc., Owner Steve Belknap, President NEGOTIATED $250 33. 93042 Nail’ish #SNT18553 10:00 a.m. Ynhi T Nguyen #50100459, Owner NEGOTIATED $500/ 34. 93043 Derbailey5 Supercuts #SCOS26522 10:00 a.m. Derbailey5 LLC, Owner Robert W. Hagerman Jr., Member Susan Hagerman, Member NEGOTIATED $250 35. 93044 Platinum Hair Nails & Spa #SCOS25336 10:00 a.m. Platinum Hair Group Corp., Owner Oanh Thi Phung, President Daniel B. Deschamps, Secretary/Treasurer No Show 36. 93048 AZ Laser Clinic & Skin Rejuvenation Center #SAES19668 10:00 a.m. Mark Tafoya, Owner No Show 37. 93051/93052 Cuccio Nail Spa LLC #’s SNT18645 & SAES19984 10:00 a.m. Cuccio Nail Spa LLC, Owner Son Tang, Member NEGOTIATED $250/PAID 8. 93053 Hair Do #SCOS20145 10:00 a.m. SRB Bell LLC, Owner Suzanne R. Bell #19500102, Member Paulsen Healey, Manager NEGOTIATED $250 39. 93054 Fantastic Sams #SCOS14180 10:00 a.m.


Mprevost LLC, Owner Mary Prevost, Member Richard Prevost, Member NEGOTIATED 40. 93056 Chateau Cheveux #SCOS21732 10:00 a.m. It’s Always About You LLC, Owner Nancy A. McDonald #18701135, Member NEGOTIATED $250/PAID 41. 93057 Divas and Dudes Too #SCOS27788 10:00 a.m. Tammy Liggett #19500590, Owner NEGOTIATED $250 42. 93058 20 Volume Dana Park #SCOS27827 10:00 a.m. Coronado Salon LLC, Owner Edward Coronado, Member Stacy Coronado #10901161, Member NEGOTIATED $250 43. 93059 Pro Ten Nails Wax & Spa #SNT18787 10:00 a.m. Thien Nguyen #51405279, Owner NEGOTIATED $250 44. 93151 Saskie Marak-Daransky, #11401890, Owner 10:00 a.m. NEGOTIATED $500/ATTEND BOARD CLASS/6-MONTH PROBATION/1ST PAYMENT SUBMITTED 45. 93299 Julia I Ryabchun #11301776, Licensee 10:00 a.m. No Show 46. 93300 Georgina Bingamin #11600695, Licensee 10:00 a.m.

CONTINUANCE GRANTED

MOTION by Gary Begley for case nos. 92991, 93013, 93014, 93032, 93044, 93048 and 93299 to move forward to formal hearing due to a no show. MOTION SECONDED by Jenna Bentley.


Aye x x x x

Nay

Recused

Abstained

Absent x

MOTION CARRIED.

STEP 3: HEARINGS

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

ARIZONA STATE BOARD OF COSMETOLOGY AUGUST 17, 2018, BOARD MEETING PAGE 21 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. Motion to Deem Allegations Admitted

92375 Barbara Melchert-Lofgreen #10000384 9:30 a.m. Assistant Attorney General, Mona Baskin, appeared representing the State. Licensee did not

appear.

Assistant Attorney General, Mona Baskin stated the complaint was mailed out on May 15, 2018, to the licensee to two different addresses and to date we have had no contact with the licensees and both of those were returned to the Board. Mona Baskin stated we do know that the licensee was aware of the complaint. The State mailed its Motion to Deem on July 16, 2018, to both of the addresses and neither have been returned. Mona Baskin stated at this time the State respectfully asks that the factual allegations be deemed admitted along with the violations in this case. Mona Baskin stated regarding the penalty in this case the State would ask for a disciplinary Letter of Concern, in this matter as this licensee was working in a retirement community at the time in an unlicensed establishment.

MOTION by Thomas Rough to grant the State’s MOTION TO DEEM ALLEGATIONS ADMITTED. MOTION SECONDED by Jenna Bentley. MOTION CARRIED.

MOTION by Thomas Rough to adopt the factual allegations in the Complaint and Notice of Hearing as Findings of Fact and the alleged violations in the Complaint and Notice of Hearing as Conclusions of Law. MOTION SECONDED by Jenna Bentley. MOTION CARRIED.

MOTION by Thomas Rough for case no. 92375 to issue a disciplinary Letter of Concern for working in a retirement community in an unlicensed establishment. MOTION SECONDED by Jenna Bentley.


Aye x x x x

Nay

Recused

Abstained

Absent x

MOTION CARRIED.


B. Office of Administrative Hearings Recommended Decisions for Review Pursuant to A.R.S. § 41-1092.08

None

C. Request for Reinstatement

None

D. Discussion, Consideration and Possible Action on Revision of Proposed

Consent Agreement Terms and/or Letter of Concern Cases.

None

E. Review, Discussion and Reconsideration of Denial of Application and Possible Action on Opening an Investigation Pursuant to A.R.S. § 32-573 (A).

None

F. Review, Discussion and Possible Action Including on Consolidating Pending Cases.

None

G. Review, Consideration & Decision on Motions for Rehearing/Review A.R.S. § 41-1092.09 and A.A.C. R4-10-115

None

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).

ADJOURNMENT MOTION by Thomas Rough to adjourn the meeting at 11:09 a.m. MOTION SECONDED by Jenna Bentley. 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.

Documents

1. Call to Order 2. Pledge of Allegiance 3. Roll Call of ... Meeting Minutes.pdfAug 17, 2018 · Uyen Hai Bui #51405365, Member . 93066 (No evidence found to support allegations)Regal