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STATE BOARD OF COSMETOLOGY AND BARBER EXAMINERS

Will meet on Monday July 15, 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:

Diane Weisheit, Vice President

Diana Bonn

Gary Odell

Joseph Barsic

Rebecca Bushong

Board Member Absent:

David Demuth, President

State Officials Present:

Tracy Hicks, Board Director, Indiana Professional Licensing Agency

Rae Harman, Assistant Director, Indiana Professional Licensing Agency

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

ADOPTION OF THE AMENDED AGENDA

The July 15, 2013 agenda was adopted as amended.

Bonn/Bushong

5/0/0

Motion carried.

ADOPTION OF THE MINUTES FROM THE MAY 20, 2013 MEETING OF THE STATE BOARD OF COSMETOLOGY AND BARBER EXAMINERS

A motion was made and seconded to approve the minutes of the May 20, 2013 meeting.

Bonn/Bushong

5/0/0

Motion carried.

IV. OLD/NEW BUSINESS

A. Office of the Attorney General Consumer Protection Division Report

Report filed. Paula Beller is the interim director replacing Gabrielle Owens. The Consumer Protection Division has not filed complaints in the last month due to this change.

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

1. Order to Show Cause in the Matter of Samuel Brumett, BA10900087 SBCE 08-08

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

Bonn/Barsic

5/0/0

Motion carried.

2. Order to Show Cause in the Matter of Alexis Riley, BC20500264, SBCE 10-04

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

Bonn/Bushong

5/0/0

Motion carried.

3. Administrative Hearing in the Matter of Kristine N. Faurote, BC20601488, SBCBE 10-20

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

Bonn/Bushong

5/0/0

Motion carried.

4. Administrative Hearing in the Matter of L.A. Nail Salon, MS30100423, SBCBE 10-40

A motion was made and seconded to remove the probationary status pending payment of the $5.00 fee to the Office of the Attorney General.

Bonn/O’Dell

5/0/0

Motion carried.

5. Administrative Hearing in the Matter of Creative Nails, MS30500244, SBCBE 11-39

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

Bonn/Bushong

5/0/0

Motion carried.

6. Administrative Hearing in the Matter of Daniel I. Klingler, BC21101387, SBCBE 11-51

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

Bonn/Bushong

5/0/0

Motion carried.

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

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

Bonn/Barsic

5/0/0

Motion carried.

8. Administrative Hearing in the Matter of Karma L. Watkins, CI21300025, SBCBE 13-41

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

Bonn/Bushong

5/0/0

Motion carried.

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

1. April L. Cole, MA20000155, SBCBE 13-19

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

Bushong/O’Dell

4/0/1

Motion carried.

2. Braids Land, SBCBE 13-45

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

Bushong/Barsic

4/0/1

Motion carried.

D. Personal Appearances for Disciplinary Compliance

1. Nail Expo, MS30500736, SBCE 08-17 – Failed to appear.

E. Personal Appearances and Consideration of Application for License Renewal

1. Katie E. Burkett, BC20500016

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

Bushong/O’Dell

5/0/0

Motion carried.

2. Linda Gagle, BC02067002

A motion was made and seconded to table the application for renewal.

Bushong/O’Dell

5/0/0

Motion carried.

3. Megan R. Hutton, BC20600055

A motion was made and seconded to approve renewal on indefinite probation with no right to petition for removal until released from criminal probation

Bonn/Barsic

5/0/0

Motion carried.

4. Lisa M. Long, BC20909682

A motion was made and seconded to renew the license.

Bonn/Barsic

5/0/0

Motion carried.

5. William M. Redden, II, BC09000290

A motion was made and seconded to renew the license.

Bonn/Bushong

5/0/0

Motion carried.

6. Tou Sourivong, MA20200406

A motion was made and seconded to renew the license due to the fact that she has testified that she answered the renewal question yes in error.

Bushong/O’Dell

5/0/0

Motion carried.

7. Michelle Ann Walizer, ES29301085

A motion was made and seconded to renew the license.

Bonn/Bushong

5/0/0

Motion carried.

8. Jennifer M. Whiteford, BC20908790

A motion was made and seconded to renew the license.

Bonn/Barsic

5/0/0

Motion carried.

F. Consideration of Administrative Law Judge’s Order

1. Yesenia Sanchez, SBCBE 12-74

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

O’Dell/Bushong

4/0/1

Motion carried.

2. Fatime Sylla-McDuffie, SBCBE 13-47

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

Bonn/Bushong

5/0/0

Motion carried.

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

1. Creative Nails, SBCBE 11-39

This matter is moot based on previous board action.

2. Sarah F. Foster, SBCBE 13-06

This matter is moot based on previous board action.

3. Hoang Kim Pham, SBCBE 13-46

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

Bonn/O’Dell

5/0/0

Motion carried.

H. Consideration of Correspondence from Ulta Salons

No action due to failure to provide additional information as they indicated at the May 20, 2013 meeting.

I. Appointment of Rules Committee

D. Weisheit will chair the committee, John Halal, Joe Barsic, Gary O’Dell, and Diana Bonn will serve on the committee.

J. Consideration of Automatic Waiver of 820 IAC 4-1-5(d), Completion of Education Within Three Years

of Enrollment Due to SEA 1477

A motion was made and seconded to allow for automatic waiver

O’Dell/Bushong

5/0/0

Motion carried.

K. Consideration of Automatic Waiver of 820 IAC 2-2-3(b), Sitting for Examination Within One Year of

Graduation

A motion was made and seconded to allow for automatic waiver until July 2014 and revisit the matter at the July 2014 meeting.

Bonn/Barsic

5/0/0

Motion carried.

V. 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. Nancy E. Barnes

2. Shamia Marie Canen

3. Kayla A. Crouch

4. Latell W. Mays

5. Robyn L. Meglich

6. Leslie L. Pratt

7. Tylayena Whitacre

A motion was made and seconded to approve the request for waiver and allow six (6) months to graduate from beauty culture school

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. Danielle C. Byers

2. Mariana de Lira Campos

3. Morgan A. Ferguson

4. Joshua D. Holmes

5. Tracy Kelley-Parker

6. Pleshette M. Thomas

A motion was made and seconded to approve the request for waiver and allow three (3) months to sit for the examination.

Bonn/Barsic

5/0/0

Motion carried.

7. Staci N. Barron

8. Cassidy R. Freel

A motion was made and seconded to approve the request for waiver and allow six (6) months to sit for the examination.

Bonn/Barsic

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. Vicki Joan Atchley

A motion was made and seconded to approve the request for waiver and allow six (6) months to pass the examination.

Bonn/Barsic

5/0/0

Motion carried.

2. Mary E. Easley

A motion was made and seconded to approve the request for waiver and allow six (6) months to pass the examination.

Bonn/Bushong

4/0/1

Motion carried.

3. Latavia M. McCurdy

A motion was made and seconded to approve the request for waiver and allow six (6) months to pass the examination.

Bonn/Barsic

5/0/0

Motion carried.

4. Mariah C. Webster

A motion was made and seconded to approve the request for waiver and allow six (6) months to pass the examination.

Bonn/Bushong

4/0/1

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. Tiffany L. Brown

2. Elba Elizabeth Garza

3. Jakayla R. Phillips

4. Kristine L. Johnson

A motion was made and seconded to approve the request for waiver and allow three (3) months to pass the examination.

Bushong/Bonn

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: 3:50 p.m.

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