BOARD OF BARBERING AND COSMETOLOGY

BOARD OF BARBERI N G AN D COSM ETOLOGY Professional and Vocat ional Licensing Division

Depart m ent of Com m erce and Consum er Affairs State of Hawaii

MI NUTES OF MEETI NG

Dat e: Tim e: Place:

Present :

Ab sen t : Ex cu sed : Guest s:

Agenda:

Call t o Order:

Ad d it ion s/ Revisions t o Agenda: Minut es of t he February 8, 2012 Board Meet ing:

Wednesday, April 11, 2012

9: 00 a.m.

King Kalakaua Conference Room King Kalakaua Building 335 Mer chant St reet , 1st Floor Honolulu, Hawaii 96813

Lance M. Marugam e, Barber Mem ber, Chairperson Lee Ann Apao, Cosm et ology Mem ber, Vice- Chairperson Angela Howard, Public Mem ber June J. Takano, Public Mem ber Rodney J. Tam , Deput y At t orney General Laureen M. Kai, Execut ive Officer Lori Nishim ura, Secret ary

Alexander Choi, Public Mem ber

Carla M. Morioka, Cosm et ology Mem ber

Chad Nelson, Fant ast ic Sam s Margaret William s, Hawaii I nst it ut e of Hair Design

The agenda for t his m eet ing was filed wit h t he Office of t he Lieut enant Governor, as required by Hawaii Revised St at ut es ( " HRS" ) sect ion 92- 7( b) .

There being a quorum present , t he m eet ing was called t o order at 9: 07 a.m . by Chairperson Marugam e.

None.

I t was m oved by Vice- Chairperson Apao, seconded by Ms. Howard, and unanim ously carried t o approve t he m inut es of t he February 8, 2012 Board Meet ing, as circulat ed.

Board of Barbering & Cosm et ology Minut es of t he April 11, 2012 Meet ing Page 2

Chairperson Marugam e recessed t he m eet ing at 9: 08 a.m . t o discuss and deliberate on the following adj udicatory m atter pursuant t o HRS chapt er 91:

Chapt er 91, HRS, Adj udicatory Mat t ers:

A. I n t he Mat t er of t he Beaut y Operat or's License of Susan Nguyen; BAR 2011- 3- L

Ms. Kai provided a brief sum m ary of t he case:

Respondent is t he designat ed beaut y operat or for hairdresser services at Lahaina Hair and Nails ( " shop" ) ;

Regulat ed I ndust ries Com plaint s Office ( " RI CO" ) issued citations for unlicensed beauty operator activity to two ( 2) em ployees of the shop, who were not licensed and were engaged in beauty operator activity without being supervised by Respondent , which are violat ions of HRS sect ion 439- 19( a) ( 3) , perm itting an unlicensed person to perform activities which require a license.

The t erm s of t he Set t lem ent Agreem ent ( " SA" ) are:

Respondent agrees t hat she m ust supervise any apprentices or tem porary perm ittees who are em ployed by the shop;

Respondent m ust pay a $250 adm inist rat ion fine; Should Respondent fail t o m ake paym ent of fine or t o

t im ely com ply w it h t he t erm s of t he SA, Respondent 's license shall be aut om atically revoked without a hearing upon RI CO's filing of an affidavit wit h t he Board at t est ing to such failure; and The Board m ay pursue addit ional disciplinary act ion as provided by law as the Board deem s appropriate.

Aft er discussion, it was m oved by Ms. Howard, seconded by Vice- Chairperson Apao, and unanim ously carried t o approve t he Set t lem ent Agreem ent Prior t o Filing of Pet it ion for Disciplinary Act ion and Board's Final Order.

B. I n t he Mat t er of t he Barber Shop License of Tuoi T Pham Hair St yling LLC dba T's Hair and Nails Salon and t he Barber's License of Tuoi Thi Pham ; BAR 2011- 8- L

Board of Barbering & Cosm et ology Minut es of t he April 11, 2012 Meet ing Page 3

Execut ive Session:

Ms. Kai provided a brief sum m ary of t he case:

RI CO invest igat ors found ( on t w o occasions) t hat Respondent s did not display t he licenses of all t he barbers working in t he shop, including t he license for Respondent Pham , which are violat ions of HRS sect ion 438- 14( a) ( 6) , failing t o display licenses as provided in this chapt er, and HAR sect ion 16- 73- 41( b) , shop owner or person in charge shall ensure that licenses are conspicuously displayed adj acent t o work stations.

The t erm s of t he Set t lem ent Agreem ent ( " SA" ) are:

Respondent s agree t hat only properly licensed barbers and beauty operators are allowed to work in shop and that all licenses are t o be conspicuously displayed;

Respondent s m ust pay a $500 adm inist rat ive fine; Should Respondent s fail t o m ake paym ent of fine or t o

t im ely com ply w it h t he t erm s of t he SA, Respondent s' licenses shall be aut om atically revoked without a hearing upon RI CO's filing of an affidavit wit h t he Board at t est ing to such failure; and The Board m ay pursue addit ional disciplinary act ion as provided by law as the Board deem s appropriate.

Aft er discussion, it w as m oved by Vice- Chairperson Apao, seconded by Ms. Howard, and unanim ously carried t o approve t he Set t lem ent Agreem ent Prior t o Filing of Pet it ion for Disciplinary Act ion and Board's Final Order.

At 9: 19 a.m ., the Board reconvened its scheduled m eeting and im m ediat ely followed wit h t he Execut ive Session.

At 9: 19 a.m ., it was m oved by Vice- Chairperson Apao, seconded by Ms. Howard, and unanim ously carried for t he Board t o ent er int o Execut ive Session t o consider and evaluat e personal inform ation relating t o individuals applying for licensure in accordance wit h HRS sect ion 92- 5( a) ( 1) , and t o consult wit h t he Board's attorney on questions and issues pertaining to the Board's powers, duties, privileges, im m unities, and liabilit ies in accordance wit h HRS sect ion 92- 5( a) ( 4) .

EXECUTI VE SESSI ON

Board of Barbering & Cosm et ology Minut es of t he April 11, 2012 Meet ing Page 4

Ap p licat ion s:

At 10: 10 a.m ., it was m oved by Vice- Chairperson Apao, seconded by Ms. Howard, and unanim ously carried for t he Board t o m ove out of Execut ive Session. The Board im m ediat ely recessed the m eeting.

At 10: 16 a.m ., the m eeting reconvened.

A. Rat ificat ion of I ssued Licenses

Aft er discussion, it w as m oved by Vice- Chairperson Apao, seconded by Ms. Howard, and unanim ously carried t o rat ify the list of issued licenses attached ( see, at tached list ) .

B. Exam inat ion and License

( 1) ARNOLD, Jason ( Barber )

Aft er discussion, it was m oved by Ms. Howard, seconded by Vice- Chairperson Apao, and unanim ously carried t o approve the barber application for exam ination and license for Jason Arnold.

( 2) ROTH- TI JERI NA, Maria T. ( Beaut y Operat or?Est het ician)

Aft er discussion, it was m oved by Ms. Howard, seconded by Vice- Chairperson Apao, and unanim ously carried t o approve the beauty operator application for exam ination and license, in the esthetician category, for Maria T. Rot h- Tij erina.

C. Rest orat ion of Licenses

( 1) ANNI E Y CORP ( BSH 2640 )

Aft er discussion, it was m oved by Ms. Howard, seconded by Vice- Chairperson Apao, and unanim ously carried t o approve the restoration of the beauty shop license of ANNI E Y CORP.

( 2) HOVI ND, Gina S. ( BEO 10640 )

Aft er discussion, it was m oved by Ms. Howard, seconded by Vice- Chairperson Apao, and unanim ously carried t o approve the restoration of the beauty operator's license of Gina S. Hovind.

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( 3) I SHI KAWA, Donna M. ( BEO 4196 )

Aft er discussion, it was m oved by Ms. Howard, seconded by Vice- Chairperson Apao, and unanim ously carried t o approve the restoration of the beauty operator's license of Donna M. I shikawa.

( 4) LOGAN, Lorisa M. ( BEO 10550 )

Aft er discussion, it was m oved by Ms. Howard, seconded by Vice- Chairperson Apao, and unanim ously carried t o approve the restoration of the beauty operator's license of Lorisa M. Logan.

( 5) MALAQUI , Noreen H. ( BEO 6973 )

Aft er discussion, it was m oved by Ms. Howard, seconded by Vice- Chairperson Apao, and unanim ously carried t o approve the restoration of the beauty operator's license of Noreen H. Malaqui.

( 6) NONAKA, Shari T. ( BSH 3020 )

Aft er discussion, it was m oved by Ms. Howard, seconded by Vice- Chairperson Apao, and unanim ously carried t o approve the restoration of the beauty shop license of Shari T. Nonaka.

( 7) SHI MAMURA, Lore C. ( BEO 10898 )

Aft er discussion, it was m oved by Ms. Howard, seconded by Vice- Chairperson Apao, and unanim ously carried t o approve the restoration of the beauty operator's license of Lore C. Shim am ura.

( 8) STUBBS, Laura S. ( BEO 12393 )

Aft er discussion, it was m oved by Ms. Howard, seconded by Vice- Chairperson Apao, and unanim ously carried t o approve the restoration of the beauty operator's license of Laura S. St ubbs.

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