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STATE BOARD OF COSMETOLOGY AND BARBER EXAMINERS

Will meet on Monday May 20, 2013 at 10:00 a.m.

Indiana Government Center-South

402 West Washington Street, Room W064

Indianapolis, Indiana

COMMITTEE MEETINGS 10:00 a.m.

CALL TO ORDER & ESTABLISHMENT OF QUORUM

D. Demuth called the meeting to order at 1:00 p.m. and established a quorum pursuant to public notice posted at the principal office of the board at least forty-eight (48) hours before the time of the meeting

Board Members Present:

David Demuth, President

Diane Weisheit, Vice President (left the meeting at 2:30 p.m.)

Diana Bonn

Gary Odell

Joseph Barsic

Rebecca Bushong

State Officials Present:

Tracy Hicks, Board Director, Indiana Professional Licensing Agency

Rae Harman, Assistant Director, Indiana Professional Licensing Agency

Deborah Frye, Compliance Director, Indiana Professional Licensing Agency

Philip Thompson, Board Advisory Counsel, Office of the Attorney General

ADOPTION OF THE AGENDA

The May 20, 2013 agenda was adopted as amended.

Bonn/Barsic

6/0/0

Motion carried.

ADOPTION OF THE MINUTES FROM THE MARCH 18, 2013 MEETING OF THE STATE BOARD OF COSMETOLOGY AND BARBER EXAMINERS

A motion was made and seconded to approve the minutes of the March 18, 2013 meeting.

Weisheit/Bonn

6/0/0

Motion carried.

IV. OLD/NEW BUSINESS

A. Office of the Attorney General Consumer Protection Division Report

Report filed.

B. Administrative Hearings, 1:00 p.m.

1. Order to Show Cause in the Matter of Crystal D. Stonebraker, ES20500121, SBCBE 10-32

A motion was made and seconded to hold Crystal D. Stonebraker in Default.

Bonn/Bushong

6/0/0

Motion carried.

A motion was made and seconded to revoke the license.

Bonn/Bushong

6/0/0

Motion carried.

2. Order to Show Cause in the Matter of Braids Land, SBCBE 13-45 – CONTINUED

3. Administrative Hearing in the Matter of Kim’s Nails, MS30400198, SBCBE 12-78

A motion was made and seconded to hold Kim’s Nails in Default.

Weisheit/O’Dell

6/0/0

Motion carried.

A motion was made and seconded to revoke the license, impose a fine of $1000 for each of the two violations, impose the costs of the proceedings, and impose the Health Records and Personal Identifying Information Protection Trust Fund fee.

Weisheit/Bonn

6/0/0

Motion carried.

4. Administrative Hearing in the Matter of Michelle A. Scott, BC20401126, SBCBE 12-115

A motion was made and seconded to find Michelle A. Scott in Default.

Bonn/Barsic

6/0/0

Motion carried.

A motion was made and seconded to place the license on indefinite probation with no right to petition for removal of probation, impose a fine of $1000 for each of the two violations, impose the costs of the proceedings, and impose the Health Records and Personal Identifying Information Protection Trust Fund fee. D. Weisheit opposed the motion.

Bonn/Bushong

5/1/0

Motion carried.

5. Administrative Hearing in the Matter of James T. Duncan, BC20908940, SBCBE 13-20

A motion was made and seconded to find James T. Duncan in Default.

Bonn/O’Dell

6/0/0

Motion carried.

A motion was made and seconded to rescind the license, impose a fine of $1000 for the one count, impose the costs of the proceedings, and impose the Health Records and Personal Identifying Information Protection Trust Fund fee.

Bonn/O’Dell

6/0/0

Motion carried.

A motion was made and seconded to prohibit him from obtaining a barber license for a period of five years.

Bonn/Bushong

6/0/0

Motion carried.

D. Weisheit left the meeting at 2:30 p.m.

6. Administrative Hearing in the Matter of Timothy Shelby, BA10000220, SBCBE 12-70

A motion was made and seconded to find Timothy Shelby in Default.

Bonn/Bushong

5/0/0

A motion was made and seconded to suspend the license for a period of six months consecutive to the current suspension of Respondent’s barber license. License shall be placed on indefinite probation with no right to petition for withdrawal of probation until released from criminal probation and payment of the civil penalty of $1000.00 due within one year from the release from prison, payment of the $5.00 Health Records and Personal Identifying Information Protection Trust Fund, and payment of the costs of the proceedings.

Bonn/Bushong

5/0/0

7. Administrative Hearing in the Matter of Jonathan’ Barber Shop, BS20900155, SBCBE 13-01, Jonathan Barker, BA10600023, SBCBE 13-02, Jonathan’s Barber Shop II, BS21200019, SBCBE 13-03

A motion was made to extend the emergency suspension for 90 days.

Barsic/No second

Motion failed.

A motion was made and seconded that the emergency suspension not be extended. J. Barsic voted against the motion.

Bonn/Bushong

4/1/0

Motion carried.

8. Administrative Hearing in the Matter of Jomo K. Cole, Sr., BA11000092, SBCBE 13-04

A motion was made and seconded to extend the emergency suspension for 90 days.

Bushong/O’Dell

5/0/0

Motion carried.

9. Administrative Hearing in the Matter of Gordon A. Parker, BA19600097, SBCBE 13-05

A motion was made and seconded to extend the emergency suspension for 90 days.

Bushong/Bonn

5/0/0

Motion carried.

10. Administrative Hearing in the Matter of Studio 51, Inc., BS30400784, SBCBE 10-37

A motion was made and seconded to remove the probationary status.

Bonn/Bushong

5/0/0

Motion carried.

11. Administrative Hearing in the Matter of Louis R. Lawson, BA10100120, SBCBE 11-16

A motion was made and seconded to remove the probationary status.

Bushong/Barsic

5/0/0

Motion carried.

12. Administrative Hearing in the Matter of William D. Brown, BC21101415, SBCBE 11-54

A motion was made and seconded to remove the probationary status.

Bonn/Bushong

5/0/0

Motion carried.

13. Administrative Hearing in the Matter of Art Nail, EH31200037, SBCBE 12-08

A motion was made and seconded to remove the probationary status.

Bonn/Bushong

5/0/0

Motion carried.

14. Administrative Hearing in the Matter of Sarah F. Foster, BC21300054, SBCBE 13-06

A motion was made and seconded to issue a notice of proposed dismissal.

Bonn/Bushong

5/0/0

Motion carried.

C. Consideration of Proposed Findings of Fact, Conclusions of Law, and Order

1. Cindy’s Nail, MS30300608, SBCBE 12-91

A motion was made and seconded to accept the Proposed Findings of Fact, Conclusions of Law, and Order.

Bushong/O’Dell

5/0/0

Motion carried.

D. Personal Appearances for Disciplinary Compliance

1. Nail Expo, MS30500736, SBCE 08-17 - Appeared

E. Personal Appearances and Consideration of Application for License Renewal

1. Nora Henson, BC09101039

A motion was made and seconded to deny the application for renewal for failure to appear.

Bonn/Bushong

5/0/0

Motion carried.

2. Lester Wright, BA19600014

A motion was made and seconded to renew the license on probation with no right to petition for removal of probation until release from criminal probation.

Bonn/O’Dell

5/0/0

Motion carried.

3. Daniel Flammer, BA10500099

A motion was made and seconded to deny the application for renewal for failure to appear.

Bonn/Bushong

5/0/0

Motion carried.

4. Dwight Boothroyd, BC20401950

A motion was made and seconded to approve renewal.

Bonn/Bushong

5/0/0

Motion carried.

5. Brenguel Eines, BC29800606

A motion was made and seconded to renew the license on probation with no right to petition for removal of probation until release from criminal probation.

Bonn/Bushong

5/0/0

Motion carried.

6. Tylor Russell, BC20500464

A motion was made and seconded to renew the license on probation with no right to petition for removal of probation until release from criminal probation.

Bonn/O’Dell

5/0/0

Motion carried.

7. Amber Richman, BC20500251

A motion was made and seconded to renew the license on probation with no right to petition for removal of probation until release from criminal probation.

Bonn/Barsic

4/0/0

Motion carried.

F. Consideration of Administrative Law Judge’s Order

1. Mong Tuyen Thi Nguyen, SBCBE 12-110

A motion was made and seconded to affirm the Administrative Law Judge’s Order.

Bonn/Barsic

4/0/0

Motion carried.

2. Toshiba Thomas, SBCBE 12-105

A motion was made and seconded to affirm the Administrative Law Judge’s Order.

Bonn/Barsic

4/0/0

Motion carried.

3. Alex Beauty Salon, SBCBE 12-130

A motion was made and seconded to affirm the Administrative Law Judge’s Order.

Bonn/Barsic

4/0/0

Motion carried.

4. Heather Benz SBCBE 13-29

A motion was made and seconded to affirm the Administrative Law Judge’s Order.

Bonn/Barsic

4/0/0

Motion carried.

5. Tina Trang Do, SBCBE 13-30

A motion was made and seconded to affirm the Administrative Law Judge’s Order.

Bonn/Barsic

4/0/0

Motion carried.

6. Lethu Thi Le, SBCBE 13-31

A motion was made and seconded to affirm the Administrative Law Judge’s Order.

Bonn/Barsic

4/0/0

Motion carried.

7. Ngoc Ky La, SBCBE 13-32

A motion was made and seconded to affirm the Administrative Law Judge’s Order.

Bonn/Barsic

4/0/0

Motion carried.

G. Consideration of Administrative Law Judge’s Notice of Proposed Dismissal Order and Objection

1. Alexis Riley, SBCBE 10-04

A motion was made and seconded to issue a Proposed Dismissal Order.

Bonn/Barsic

4/0/0

Motion carried.

2. Claudi V. Salas, SBCBE 13-33

A motion was made and seconded to issue a Proposed Dismissal Order.

Bonn/Barsic

4/0/0

Motion carried.

3. Transformations Hair Designs, SBCBE 13-34

A motion was made and seconded to issue a Proposed Dismissal Order.

Bonn/Barsic

4/0/0

Motion carried.

H. Provisional Licensee Requesting Issuance of a Non-Provisional License

1. Ingrid Amaya, BCP1000020

A motion was made and seconded to deny issuance of a regular license.

Bonn/O’Dell

5/0/0

Motion carried.

2. Phong Quang Lu, MAP1200002

A motion was made and seconded to deny issuance of a regular license.

Bonn/O’Dell

5/0/0

Motion carried.

3. Maria Del Carmen Robledo Marin, BCP1200009

A motion was made and seconded to approve issuance of a regular license.

Bonn/Bushong

5/0/0

Motion carried.

4. Norma Roth, BCP1200014

A motion was made and seconded to approve issuance of a regular license.

Bonn/Bushong

5/0/0

Motion carried.

A motion was made and seconded to require one year of experience as a provisional licensee for consideration of a regular license.

Bonn/Bushong

5/0/0

Motion carried.

I. Consideration of Correspondence from Ulta Salons

Mario Massillamany appeared on behalf of Ulta Salons. D. Demuth suggested more detailed descriptions of

the services being offered.

J. Discussion of Delaware County Health Board Inspecting Tanning Facilities

It was the consensus of the board to support their actions to inspect tanning facilities in Delaware County.

V. GRANTING OR DENYING PETITION FOR REVIEW AND APPOINTMENT OF ADMINISTRATIVE LAW

JUDGE

A. Damon Wilburn

Re: Untimely Petition for Review of Failed Barber Examination

A motion was made and seconded to deny the petition for review.

Bonn/Bushong

5/0/0

Motion carried.

B. Tamara Duncan

Re: Untimely Petition for Review of Failed Cosmetology Examination

A motion was made and seconded to deny the petition for review.

Bonn/Bushong

5/0/0

Motion carried.

C. Ying Hui Liang

Re: Untimely Petition for Review of Denied Application for Manicurist License by Reciprocity

A motion was made and seconded to deny the petition for review.

Bonn/Bushong

5/0/0

Motion carried.

VI. CONSIDERATION OF REQUESTS FOR WAIVER

A. Request for Waiver of 820 IAC 4-1-5(d), Completion of Education Within Three Years Of Enrollment

1. Andrea Deardorff

2. Brittany Fullhart

3. Brianna Garth

4. Kristine Johnson

5. Courtney Tabler

6. Myka Thomas

7. Colleen Walker

8. Amy Young

A motion was made and seconded to approve all but Kristine Johnson and allow them six months to graduate.

Bonn/O’Dell

5/0/0

Motion carried.

A motion was made and seconded to deny Kristine Johnson.

Bonn/Barsic

5/0/0

Motion carried.

B. Request for Waiver of 820 IAC 2-2-3(b), Sitting for Examination Within One Year of Graduation

1. Keondra Atwater

2. Andrea Chacon

3. Mayte Davila Campos

4. Aireona Donley

5. Stephanie Ford

6. Shaunna Havican

7. Courtney Hunt

8. Turquoise Parahams

9. Megan Ruemler

10. Carly Jo Asay

11. Marisela Hernandez-Rivas

12. Lisa Strong

13. Christian Massey

14. Chasity Lawrence

15. Belinda Burrus

A motion was made and seconded to approve all but Mayte Davila Campos and allow them six months to sit for the examination.

Bonn/Bushong

5/0/0

Motion carried.

A motion was made and seconded to deny Mayte Davila Campos.

Bonn/O’Dell

5/0/0

Motion carried.

C. Request for Waiver of 820 IAC 2-2-3 or 820 IAC 8-2-20, Passing the Examination Within Three Years

Of Graduation

1. Adriana Alvarado

2. Jessica Brewer

3. Danielle Chatman

4. Guadalupe Cruz

5. Tequilla Cummings

6. Antaysha Curry

7. Megan Lee

8. Nathaniel White

A motion was made and seconded to approve Adriana Alvarado, Tequilla Cummings, Megan Lee, and Nathaniel White and allow them six months to pass the examination.

Bonn/Barsic

5/0/0

Motion carried.

A motion was made and seconded to deny Jessica Brewer, Danielle Chatman, Guadalupe Cruz, and Antaysha Curry.

Bonn/Barsic

5/0/0

Motion carried.

D. Request for Waiver of 820 IAC 2-2-3, Sitting for Examination Within One Year of Graduation and

Passing the Examination Within Three Years of Graduation

1. Anginett Mathis

A motion was made and seconded to deny the requests.

Bonn/Barsic

5/0/0

Motion carried.

E. Request for Waiver of Six Month Experience Requirement to Manage a Salon

1. Monna Goforth

2. Cathy Sliger

A motion was made and seconded to approve Monna Goforth and deny Cathy Sliger.

Bushong/O’Dell

5/0/0

Motion carried.

VII. COMMITTEE REPORTS

A. Application Committee

A motion was made and seconded to approve the Application Committee Report as follows.

Bonn/O’Dell

5/0/0

Motion carried.

VIII. ADJOURNMENT: 5:55 p.m.

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