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New Mexico Board of Barbers & Cosmetologists

Regular Board Meeting Minutes

February 6, 2012

10:00 a.m.

Regulations and Licensing

I. CALL TO ORDER AND ROLL CALL

The Regular Board Meeting of the New Mexico Board of Barbers and Cosmetologists was called to order at 10:05 a.m. by Crystal Sims, Board Chair. Pauline Varela took roll call and the Chair established that a quorum was present.

Board Members Present:

Crystal Sims, Chairwoman

Maryann Baldonado

Frank Meyers

Jespah Torres

Jon Stull

Board Members Absent:

Genica Lee

Jennifer Fair  

Camille Aragon

Teresa Romero

Staff Present:

Pauline Varela, Board Administrator

Robert Hollingsworth, Compliance Officer

Amanda Roybal, Team Leader, Compliance

Others Present:

Justin Woolf, Assistant Attorney General

II. APPROVAL OF AGENDA

Attorney Justin Woolf suggested moving transcript approvals, application approvals, renewal expired license, applications, application approvals and complaints, to Executive Session. A MOTION was made by Jespah Torres to approve agenda as amended. SECONDED by Frank Meyers. MOTION PASSED UNANIMOUSLY.

III. APPROVAL OF MEETING MINUTES

A MOTION was made by Jespah Torres to approve the minutes of November 3, 2011. SECONDED by Maryanne Baldonado. MOTION PASSED UNANIMOUSLY.

IV. NEW BUSINESS

• Body Art currently has no rules on parental responsibility so there’s an option to enter into the joint powers agreement with RLD which is basically a delegation of powers.

A MOTION was made by Frank Meyers for Body Art to enter into a joint powers of agreement with RLD for PRA. Body Art Licensees. SECONDED by Jespah Torres. MOTION PASSED UNANIMOUSLY.

The Barbers and Cosmetologists Board can issues NCA’s to licensees who are in arrears of child support. After the NCA is used, a motion can then be made to delegate authority to RLD to issue an NCA.

The current rule 16.34.16.1 through 14 can be repealed and delegate responsibility to RLD at the next rule hearing.

.

• Inspection Report- Amanda Roybal, Compliance Team Leader

Currently there are three inspectors. There are 2700 establishments of which 2100 are Barbers, Cosmetology or Body Art. Inspectors have made 925 attempts for establishment inspections but only 740 were completed because some of the shops were closed at the time the inspectors went. 2 out of 3 establishments are passing inspections.

• Use of Steri Dri – There has been some push back on the use of steri dri. Amanda Roybal, did some research and learned that it was safe enough to be used, therefore, the Board will not ban the use of steri dri.

• NIC

o PCS will be administering NIC Exams at Correctional Facilities in Hobbs and Santa Rosa once every two years (ie, one year they will administer the exam in Hobbs, the next year they will administer the exam in Santa Rosa).

o Adding Core Domain Services to NIC Examination for Cosmetologists

▪ Basic Facial (10 minutes)

▪ Manicure (20 minutes)

▪ Hair Removal of the Eyebrows (section not timed)

A MOTION was made by Frank Meyers to add Core Domain Services to NIC Examination for Cosmetologists. SECONDED by Maryann Baldonado. MOTION PASSED UNANIMOUSLY.

• Sub-Committee Members for Barbers and Cosmetology / Body Art (separate committees)

o Application Committee & Complaint Committee

▪ Body Art - Crystal Simms and Jespah Torres

▪ Barbers and Cosmetology - John Stull

o Rules Committee

▪ Body Art – Crystal Simms and Jespah Torres

▪ Barbers and Cosmetology – Frank Myers and Jennifer Fair

• Body Art – Length of time board office should allow for:

o Pending Applications - Pending applications will be kept for one year. Individuals will have to re-apply and re-submit requirements for licensure if they have not provided necessary documentation for licensure.

o Testing Eligibility – Individuals will have 24 months to take national exam. If they have not taken exam within 24 months, they will have to re-apply for licensure.

A MOTION was made by Frank Meyers to allow the board office to keep pending applications in the board office for one year and allow applicants to take national exam within 24 months of becoming eligible to take exam. SECONDED by Maryann Baldonado. MOTION PASSED UNANIMOUSLY.

• Special Event Permits – The board would like the board office to send staff to special events when a special event permit is issued.

V. PUBLIC QUESTIONS OR COMMENTS

Offering the theory exam in Vietnamese will be voted on at the next board meeting.

The Board office will gather information regarding hair braider certification for the state of New Mexico.

VI. EXECUTIVE SESSION pursuant to §10-15-1 (H)

A MOTION was made by Jespah Torres that the meeting of the New Mexico Board of Barbers and Cosmetologists be closed while the Board enters into Executive Session to discuss licensing matters with the authority for closing being §10-15-1(H) (1). SECONDED by Frank Meyers. MOTION PASSED UNANIMOUSLY.

ROLL CALL

Crystal Sims Aye

Maryann Baldonado Aye

Frank Meyers Aye

Jespah Torres Aye

Jon Stull Aye

Genica Lee Absent

Jennifer Fair Absent  

Camille Aragon Absent

Teresa Romero Absent

A MOTION was made by Frank Myers to come out of executive session pursuant to Sections 10-15-1-H (1) of the Open Meetings Act. SECONDED by Maryann Baldonado. MOTION PASSED UNANIMOUSLY.

Back to Open Session – 1: 30 p.m.

BOARD ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION

Pursuant to Sections 10-15-1-H. of the Open Meetings Act authorizing closed sessions for matters related to issuance, suspension, renewal, revocation of a license only those items listed on the agenda were discussed during the closed session.

A MOTION was made by Frank Myers to approve 675 transcript hours for Mi Sook Madrid. SECONDED by Maryann Baldonado. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Jespah Torres to approve 244 transcript hours for Yu-Jin Chism. SECONDED by Frank Myers. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Jespah Torres to issue an NCA to deny application for Joseph Acevedo. SECONDED by Maryann Baldonado. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Jespah Torres to issue an NCA to deny application for Mark Garcia. SECONDED by John Stull. MOTION PASSED UNANIMOUSLY.

A MOTION was made by John Stull to approve application for Joseph Pelosa and allow him sit for examination. SECONDED by Frank Meyers. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Maryann Baldonaro to deny request to bring license current from Robert Vallejos, owner of Monsieur Robers. SECONDED by Frank Meyers. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Frank Myers to deny all of the transfer credits on application for Virginia Gonzales. SECONDED by John Stull. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Frank Myers to deny all the transfer credits transcript on application for Felicia Gonzales. SECONDED by Jespah Torres. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Frank Myers to approve transcript and allow Rhianna Tavarez sit for exam. SECONDED by Maryann Baldonaro. MOTION PASSED UNANIMOUSLY.

A MOTION was made by John Stull to issue NCA on application for Tanith Fiedler. SECONDED by Maryann Baldonado. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Jespah Torres to issue NCA and allow RLD to prosecute PRA’s listed on the agenda. SECONDED by Frank Myers. MOTION PASSED UNANIMOUSLY.

1. PRA-12- 044987

2. PRA-12- 030802

3. PRA-12- 045975

4. PRA-12- 048080

5. PRA-12- 032324

6. PRA-12- 030197

7. PRA-12- TA277

8. PRA-12- 044189

9. PRA-12- 037408

10. PRA-12- 026597

11. PRA-12- 026226

12. PRA-12- 036396

13. PRA-12- 036396

14. PRA-12- 030182

15. PRA-12- 044910

16. PRA-12- 042856

17. PRA-12- 026721

18. PRA-12- 046701

19. PRA-12- 039118

20. PRA-12- 045093

21. PRA-12- 045635

22. PRA-12- 045607

23. PRA-12- 033045

24. PRA-12- 037439

25. PRA-12- 044997

26. PRA-12- 043025

27. PRA-12- 046868

28. PRA-12- 048060

29. PRA-12- 036571

30. PRA-12- 045964

31. PRA-12- 035659

32. PRA-12- 046931

33. PRA-12- 033153

34. PRA-12- TA345

35. PRA-12- 028562

36. PRA-12- 032130

37. PRA-12- 044811

38. PRA-12- 25059

39. PRA-12- 043553

40. PRA-12- 045778

41. PRA-12- 046509

42. PRA-12- 031088

43. PRA-12- 043625

44. PRA-12- 045965

45. PRA-12- 047862

A MOTION was made by Jon Stull to issue a default and deny application #2010-001. SECONDED by Frank Myers. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Maryann Baldonaro to dismiss complaint number BC 10-07.

SECONDED by Frank Myers. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Maryann Baldonaro to default and deny application number BC-10-14. SECONDED by Frank Myers. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Frank Myers to accept settlement agreement as presented number BC-11-16. SECONDED by Maryann Baldonaro. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Jon Stull to issue an NCA for complaint number BC-11-24. SECONDED by Frank Myers. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Maryann Baldonaro to Dismiss complaint number BC-11-25. SECONDED by John Stull. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Maryann Baldonaro to Dismiss complaint number BC-11-26. SECONDED by John Stull. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by MaryAnn Baldonaro to Dismiss complaint number BC-11-27. SECONDED by John Stull. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by MaryAnn Baldonaro to Dismiss complaint number BC-11-28. SECONDED by John Stull. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Jon Stull to issue an NCA for complaint number BC-11-29. SECONDED by Frank Myers. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Jon Stull to issue an NCA for complaint number BC-11-30. SECONDED by Frank Myers. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by MaryAnn Baldonaro to Dismiss complaint number BC-11-31. SECONDED by John Stull. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by MaryAnn Baldonaro to Dismiss complaint number BC-11-32. SECONDED by John Stull. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by MaryAnn Baldonaro to Dismiss complaint number BC-11-33. SECONDED by John Stull. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by MaryAnn Baldonaro to Dismiss complaint number BC-11-34. SECONDED by John Stull. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by MaryAnn Baldonaro to Dismiss complaint number BC-11-35. SECONDED by John Stull. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by MaryAnn Baldonaro to Dismiss complaint number BC-11-36. SECONDED by John Stull. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

A MOTION was made by Jon Stull to issue an NCA for complaint number BC-2012-01. SECONDED by Frank Myers. Jespah Torres abstained. MOTION PASSED UNANIMOUSLY.

VII. NEXT MEETING DATE

June 25, 2012 at 10:00 in Albuquerque.

VIII. ADJOURN

A MOTION was made by to adjourn the meeting. SECONDED by. MOTION PASSED UNANIMOUSLY. The meeting was adjourned at 1:41 p.m.

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New Mexico Regulation and Licensing Department

BOARDS AND COMMISSIONS DIVISION

Board of Barbers and Cosmetologists

Toney Anaya Building ª% 2550 Cerrillos Road ª% Santa Fe, New Mexico 87505

(505) 476-4622 ª% Fax (505) 476-4665 ª%

New Mexico Regulation and Licensing Department

BOARDS AND COMMISSIONS DIVISION

Board of Barbers and Cosmetologists

Toney Anaya Building ▪ 2550 Cerrillos Road ▪ Santa Fe, New Mexico 87505

(505) 476-4622 ▪ Fax (505) 476-4665 ▪ rld.state.nm.us/boards/Barbers_and_Cosmetologists

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