STATE BOARD OF COSMETOLOGY AND BARBER EXAMINERS
Will meet on Monday January 7, 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. Weisheit called the meeting to order at 1:50 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
Board Member Absent:
David Demuth, President
Rebecca Bushong
State Officials Present:
Tracy Hicks, Board Director, Indiana Professional Licensing Agency
Rae Harman, Assistant Director, Indiana Professional Licensing Agency
Jeanne Tucker, Inspector
Philip Thompson, Board Advisory Counsel, Office of the Attorney General
ADOPTION OF THE AGENDA
The January 7, 2013 agenda was adopted as amended.
Bonn/O’Dell
4/0/0
Motion carried.
ADOPTION OF THE MINUTES FROM THE NOVEMBER 19, 2012 MEETING OF THE STATE BOARD OF COSMETOLOGY AND BARBER EXAMINERS
A motion was made and seconded to approve the minutes as amended of the November 19, 2012 meeting.
Bonn/O’Dell
4/0/0
Motion carried.
IV. OLD/NEW BUSINESS
A. Administrative Hearings, 1:00 p.m.
1. Administrative Hearing in the Matter of Jonathan’ Barber Shop, BS20900155, SBCBE 13-01, Jonathan Barker, BA10600023, SBCBE 13-02, and Jonathan’s Barber Shop II, BS21200019, SBCBE 13-03.
A motion was made and seconded to suspend the licenses on an emergency basis for 90 days.
Barsic/Bonn
4/0/0
Motion carried.
2. Administrative Hearing in the Matter of Gordon A. Parker, BA19600097, SBCBE 13-05. A motion was made and seconded to suspend the licenses on an emergency basis for 90 days.
Bonn/O’Dell
4/0/0
Motion carried.
3. Administrative Hearing in the Matter of Jomo K. Cole, Sr., BA11000092, SBCBE 13-04.
A motion was made and seconded to suspend the license on an emergency basis for 90 days.
Barsic/O’Dell
5/0/0
Motion carried.
4. Administrative Hearing in the Matter of Shannon Tucker, BC29501004, SBCBE 11-83. A motion was made and seconded to remove probation.
Bonn/O’Dell
4/0/0
Motion carried.
5. Administrative Hearing in the Matter of David Williams, BA10600102, SBCBE 11-62A.
A motion was made and seconded to remove probation.
Bonn/O’Dell
4/0/0
Motion carried.
6. Administrative Hearing in the Matter of Kim’s Nails, MA30400198, SBCBE 12-78
A motion was made and seconded to grant the respondent’s motion to continue the hearing until March 18, 2013.
Bonn/O’Dell
4/0/0
Motion carried.
7. Administrative Hearing in the Matter of Kara Hair Braiding, SBCBE 12-81
A motion was made and seconded to find the respondent in Default.
Bonn/Barsic
4/0/0
Motion carried.
A motion was made and seconded to issue a cease and desist order.
Bonn/Barsic
5/0/0
Motion carried.
8. Administrative Hearing in the Matter of Preston Johnson, SBCBE 12-86
A motion was made and seconded to find the respondent in Default.
Bonn/O’Dell
4/0/0
Motion carried.
A motion was made and seconded to issue a cease and desist order.
Barsic/O’Dell
4/0/0
Motion carried.
9. Administrative Hearing in the Matter of Beach Bunns Sun Shack, TB50500175, SBCBE 12-87
A motion was made and seconded to find the respondent in Default.
Bonn/Barsic
4/0/0
Motion carried.
A motion was made and seconded to place the license on indefinite probation with no right to petition for withdrawal of probation for a period of one year from date they renew, impose a fine of $1000 for each of the two counts to be paid within six months from the date of the final order, pay the costs of proceedings, and pay the $5 Office of Attorney General fee.
Bonn/O’Dell
4/0/0
Motion carried.
10. Administrative Hearing in the Matter of Beach Bunns Sun Shack, TB50300155, SBCBE 12-88
A motion was made and seconded to find the respondent in Default.
Bonn/O’Dell
4/0/0
Motion carried.
A motion was made and seconded to place the license on indefinite probation with no right to petition for withdrawal of probation for a period of one year from date they renew, impose a fine of $1000 for each of the three counts to be paid within six months from the date of the final order, pay the costs of proceedings, and pay the $5 Office of Attorney General fee.
Bonn/Barsic
4/0/0
Motion carried.
11. Administrative Hearing in the Matter of Nyanh T. Nguyen, MA29901222, SBCBE 12-89
A motion was made and seconded to find the respondent in Default.
Bonn/Barsic
4/0/0
Motion carried.
A motion was made and seconded to suspend the license indefinitely with no right to petition for reinstatement for a period of one year from date they renew, impose a fine of $1000 for the one count to be paid within six months from the date of the final order, pay the costs of proceedings, and pay the $5 Office of Attorney General fee.
Bonn/Barsic
4/0/0
Motion carried.
12. Administrative Hearing in the Matter of Scotty D. Rush, BA10000006, SBCBE 12-92
A motion was made and seconded to find the respondent in Default.
Bonn/Barsic
4/0/0
Motion carried.
A motion was made and seconded to suspend the license indefinitely with no right to petition for reinstatement for a period of one year from date they renew, impose a fine of $1000 for the two counts to be paid within one year from the date of the final order, pay the costs of proceedings, and pay the $5 Office of Attorney General fee.
Bonn/Barsic
4/0/0
Motion carried.
B. Office of the Attorney General Consumer Protection Division Report
No report.
C. Personal Appearances for Disciplinary Compliance
1. Nail Expo, MS30500736, SBCBE 08-17 - Appeared
2. Kokomo Nails, MS30500555, SBCBE 11-111 - Appeared
D. Personal Appearances and Consideration of Application for License Renewal
1. Amy Martin Baggett, BC09001633
A motion was made and seconded to approve the application for renewal upon passing the written examination.
Bonn/Barsic
4/0/0
Motion carried.
2. Great Clips, BS20400008
A motion was made and seconded to approve the application for renewal.
Bonn/ Barsic
4/0/0
Motion carried.
3. Infiniti Men’s Salon, BS30400349
A motion was made and seconded to approve the application for renewal.
Bonn/ Barsic
4/0/0
Motion carried.
4. Summit Hair Design, BS30300850
A motion was made and seconded to approve the application for renewal.
Bonn/ Barsic
4/0/0
Motion carried.
E. Consideration of Administrative Law Judge’s Order
1. Alejandrina Torres, SBCBE 12-58
2. Hobart Nail & Spa, SBCBE 12-90
3. LeDonna Smith, SBCBE 12-106
4. Silvia Villalobos, SBCBE 12-108
5. Willie Hobbs, SBCBE 12-109
6. Marianne Chalmers-Talkovski, SBCBE 12-111
7. Cherry Khin, SBCBE 12-112
8. Mary Thu Htat, SBCBE 12-113
9. Maria Enciso, SBCBE 12-114
A motion was made and seconded to affirm the Administrative Law Judge’s Orders.
Bonn/O’Dell
4/0/0
Motion carried
10. Yesenia Sanchez, SBCBE 12-74
A motion was made and seconded to remand the Administrative Law Judge’s Order back to the Administrative Law Judge for further consideration regarding whether or not she has a Social Security number.
Barsic/O’Dell
4/0/0
Motion carried
F. Provisional Licensee Requesting Issuance of a Non-Provisional License
1. Veronica Hernandez
A motion was made and seconded to approve issuance of a non-provisional license.
Bonn/Barsic
4/0/0
Motion carried
2. Ingrid Xiomara Alvarado De Acosta
A motion was made and seconded to set the matter for personal appearance.
Barsic/O’Dell
4/0/0
Motion carried
G. Application for Reinstatement of Barber License
1. Jannetta Timberlake
A motion was made and seconded to allow her to sit for the exam one more time within six months.
Barsic/Bonn
4/0/0
Motion carried
H. Personal Appearance Regarding a Cosmetology School at Rockville Correctional Facility
A motion was made and seconded to allow for a waiver of some of the license requirements due to the fact
that the school is located in a correctional facility.
Barsic/Bonn
4/0/0
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. Kristen L. Cuskaden
2. Ann Jackson
3. Briana M. Highsmith
4. Amber M. Luman
5. Melissa Ann Selig
6. Alex Xavier Wiggins
7. Tricia L. Wilczyk
A motion was made and seconded to approve all and allow one year to graduate.
Bonn/O’Dell
4/0/0
Motion carried
B. Request for Waiver of 820 IAC 2-2-3(b), Sitting for Examination Within One Year of Graduation
1. Mayra A. Alvarez-R
2. Andrea L. Campbell
3. Adriana Casas
4. Raychel C. Fitzpatrick
5. Haley B. Fortner
6. Willie A. Hubbard
7. Michele Lee Jurov
8. Jessica Navarrete
9. Mia S. Peterson
10. Virapone Anndy Saokho
A motion was made and seconded to approve all and allow six months to sit for the examination. J. Barsic
opposed.
Bonn/O’Dell
4/1/0
Motion carried
C. Request for Waiver of 820 IAC 8-2-20 or 820 IAC 8-2-20, Passing the Examination Within Three Years
Of Graduation
1. Rodell Herrod
2. Joseph Ronald Forrest
A motion was made and seconded to approve all and allow six months to pass the examination. J. Barsic
opposed.
Bonn/O’Dell
4/1/0
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
4/0/0
Motion carried
COSMETOLOGY APPLICATIONS
A. By Examination:
Bright, Tanisha - Approved on PROBATION with no right to petition for withdrawal of probation for a period of one year for robbery, follow statutes and rules
Chapman, Amie - Approved on PROBATION with no right to petition for withdrawal of probation for a period of one year for possession of methamphetamine, follow statutes and rules
Davis, Latonya - Approved on PROBATION with no right to petition for withdrawal of probation until successful completion of criminal probation, follow statutes and rules
Durflinger, Tina Ann - Approved
Gunter, Trista Elizabeth - Approved on PROBATION with no right to petition for withdrawal of probation for a period of one year for theft, follow statutes and rules
Hulsey, Shannon Renee - Approved
Peoples, Tiara - Approved on PROBATION with no right to petition for withdrawal of probation until successful completion of criminal probation, follow statutes and rules
Pride, Hannah - Approved on PROBATION with no right to petition for withdrawal of probation for a period of one year for dealing in methamphetamine, follow statutes and rules
Taliaferro, Sierra - Approved on PROBATION with no right to petition for withdrawal of probation for a period of one year for robbery, follow statutes and rules
Wolfbrandt, Elizabeth - Approved on PROBATION with no right to petition for withdrawal of probation for a period of one year for possession, neglect of dependent, theft and forgery, follow statutes and rules
B. By Reciprocity:
Foreman, Angela Rayna – Denied, does not have required education hours, IC 25-8-4-2(a)(2) and IC 25-8-4-2(b)
Nguyen, Tuyet - Approved
C. By Provisional:
Do, Xuan Thanh - Denied, not equal education
Le, Amy Tien - Approved
Paredes-Aguirre, Marisela - Approved
Salas, Ana Ariza - Approved
Salas, Claudia V. – Denied, not enough hours
Salazar Rodriguez, Silvia E - Approved
MANICURIST APPLICATIONS
A. By Examination:
Cao, Kim Thuong To – Denied, IC 25-8-11-4 and 820 IAC 4-4-5, not enough hours
Cardona, Cecilia – Denied, IC 4-1-8-1 and IC 25-1-6-10, no social security number
Trochez, Alba Rosario - Denied, IC 4-1-8-1 and IC 25-1-6-10, no social security number
Smith, Everett Lee - Approved on PROBATION with no right to petition for withdrawal of probation until successful completion of criminal probation, follow statutes and rules
B. By Reciprocity:
Nguyen, Tina - Approved
Khiev, Phala – Denied, Denied, IC 25-8-4-2(a)(2), education not equivalent, attended a nail school
Tran, Nga Tuyet - Approved
ESTHETICIAN APPLICATIONS
A. By Examination:
Muse, Trica – Tabled, needs 96 hours to be completed, approved upon receipt of amended application with completed hours
B. By Reciprocity:
Nguyen, Kim Dung – Denied, Not enough education and work experience combined, IC 25-8-4-2(e) and IC 25-8-4-2(a)(2)
COSMETOLOGY INSTRUCTOR APPLICATIONS
A. By Reciprocity:
Thomas, Jamilla J. – Denied, Not enough education, IC 25-8-4-2(f)
BARBER APPLICATIONS
A. By Examination:
Alexander, DaQurin – Approved on PROBATION with no right to petition for withdrawal of probation until successful completion of criminal probation, follow statutes and rules
Grant, Adrian – Tabled, need to provide conviction information and personal appearance
B. By Provisional:
Florimon, Edgar - Approved
Uche, Felix – Denied, applicant comes from a jurisdiction that does issue a barber license
BARBER INSTRUCTOR APPLICATIONS
A. By Reciprocity:
Lewis, Rachelle – Denied, does not possess a valid license from another jurisdiction, IC 25-7-6-1(1)
SALON APPLICATIONS
A. Cosmetology Salon
Aqua Spa Nails, 5364 Broadway, Merriville, IN 46410 – Denied, this location is a manicure salon with no equipment for cosmetology salon.
Hair by Hotties – Denied, incomplete application
Transformations Hair Designs, 201 Pickwick Drive, Syracuse, IN 46567 - Denied
B. Manicuring Salon
Aqua Spa, 5364 Broadway, Merriville, IN 46410 – Tabled pending receipt of utility bills.
Diamond Nail & Spa - Approved
C. Esthetics Salon
Diamond Nail & Spa – Approved
D. Barber Shop
A Head of the Game Barbering - Denied, incomplete application
The Barber, 4622 East 10th Street, Indpls, IN 46201 - Denied, Barber license of applicant was obtained fraudulently, IC 25-1-11-5(a)(1)
VIII. ADJOURNMENT 5:31 P.M.