Board of Professional Land SurveyorsCosmetology and BarberingCosmetology and Barbering
Minutes – 12/15/20056/06/2011/09/200612/14/200602/26/2007
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Cannon Building / STATE OF DELAWARE / Telephone: (302) 744-4500861 Silver Lake Blvd., Suite 203 / DEPARTMENT OF STATE / Fax: (302) 739-2711
Dover, Delaware 19904-2467 / Website: www.dpr.delaware.gov
DIVISION OF PROFESSIONAL REGULATION
PUBLIC MEETING MINUTES: Board of Professional Land SurveyorsCosmetology and BarberingCosmetology and Barbering
MEETING DATE AND TIME: Monday, February 26, 2007 at Thursday, December February 27th, November 9,15, , December 14th, 20062005 at 9:30 009:00 a.mm.
PLACE: 861 820 Silver Lake Boulevard, Dover, Delaware
Conference Room A A,, Second floor of the Cannon Building Second floor of the Cannon BuildingVeterans Affairs Commission Building
MINUTES APPROVED: 03-26-07Thursday, January 19, 2006
MEMBERS PRESENT
John H. Cook, Vice-President, Professional Member
Veronica Hopkins, Secretary, Public Member
Margaret Bonarigo, Professional Member
Kathryn Lord, Professional Member
Brenda Porter, Professional Member
Richard Shultie, Jr., Professional Member
Victor Kennedy, Secretary, Public MemberElton Murray, Chairman, Professional Member, Presiding
Roy B. Kemp, Vice-Chairman, Professional Member
Lena M. CorderJohn H. Cook, SecretaryVice-President, Public Professional Member
Amos W. Aiken, Public Member
Michael J. EarlyMadelyn M. Nellius, Professional Public Member
Brenda L. Porter, Professional Member
Richard Shultie, Professional Member
DIVISION STAFF/DEPUTY ATTORNEY GENERAL PRESENT
Frederick H. Schranck,MaryPage Bailey, Deputy Attorney General
Allison ReardonAbby AdamsFrederick SchranckAbby Adams, Deputy Attorney General
Kay Warren, DeputyJames CollinsJames L. Collins, Director, Division of Professional Regulation
Peggy A. Foreit, Administrative Specialist II
MEMBERS ABSENT
John H. Cook, Vice-President, Professional Member
Jerome Stanley, Professional Member Russel Dolbeare, Professional Member
Victor Kennedy, Public Member
Winnie Lewis, Professional Member
Laurence R. McBride, Professional MemberMarina T. Civarelli, Professional Member
Madelyn Nellius, Public Member
Victor Kennedy
Veronica Hopkins, Secretary, Public Member
ALSO PRESENT
Gregg HookMiriam Harris
Felicia WiseDawn FrazierTrina Carter
Dante Carter
Miriam Harris
Cheryl ZapataTeresa Tucci
CALL TO ORDER
Mr. Cook Mr. MurrayMs. Civarelli ccalled the meeting to order at 9:40 3109:295 a.m.
REVIEW OF MINUTES
The board reviewed the minutes of the January 29th November 10thOctober 31st, 2005April 24thNovember 9th and November 28th, 2005 Board Meeting., 2005 Meeting. Ms. CivarelliBMr. Cook made a onargio A change in wording was made to the section “Land Surveyor Renewal and Licensing Update”. Mr. Early made a motion to approve the meeting minuteswith the amended changes, seconded by Ms. Bonargio. to approve the minutes with the amended changes, seconded by MSzymanski r. Aiken. TheThe motion was unanimously carried.
UNFINISHED BUSINESS
Discussion of the 143rd Legislative SectionSB 229 and Aesthetician LicensesLuke Lewan’s Letter to the BoardDraft of Rules and RegulationsRevised Letter to Board of Professional EngineersUpdate concerning meeting with the Professional Board of EngineersDraft of Rules and Regulations/Statute
Mr. Lewan wrote a letter to the board asking if a license was required under the board’s statute for the application of make-up. Ms. Abby Adams, Deputy Attorney General, for the board indicated that the board could not advise Mr. Lewan but only clarify the statute for him. Mr. Lewan explained that he would be applying makeup for a fee and Ms. Adams stated that the application of makeup under this context would require a license. Mr. Stanley stated that other states such as Maryland have a makeup license. Ms. Adams stated that the board could regulate this if they so choose but this would require the statute and regulations to be rewritten and presently makeup licensure is not part of the cosmetology statute. Brenda Porter stated that the Board should look to regulate this issue since there were safety concerns with regard to sanitation and infectious disease.
Ms. Adams suggested that the board review this at the next scheduled meeting of the revision of the rules and regulations meeting. The Board of Professional Land Surveyors reviewed the final draft of the proposed legislation to amend §2706(12) (f) and §2717 from Title 24 of the Delaware Code. Section §2706(12)(f) will delete the fee schedule and allow for the Division of Professional Regulation to set the required fees. Mr. Early questioned what a certificate of registration meant in this section. Peggy Foreit stated that the terminology referred to the actual license not the wall certificate. Section §2717 will change the jurisdiction over penalties from Superior Court to the Justice of the Peace Court.
A motion was made by Mr. Early and seconded by Mr. Kemp to approve the legislation for submission to James Collins, Director of the Division of Professional Regulation. The motion was unanimously carried.
Mr. Schranck will draft a letter for Mr. Murray’s signature in order to present the legislative changes to Mr. Collins. Mr.Allison Reardon informed the board that the rules and regulations would need to be drafted as the changes were not available from prior meetings. A motion was made by Ms. Nellius to table the drafting of the rules and regulations until the next meeting, seconded by Mr. Shultie. The board unanimously approved the motion. Collins will submit the changes to the legislature in February, 2006.The board members (Elton Murray, Roy B. Kemp, Laurence McBride and Mike Szymanski) will be attending a meeting with Mr. Guy Marcozzi, President, of the Board of Professional Engineers on Wednesday, January 10th, 2007 to discuss a resolution to issues discussed in a
July 11th, 2006 letter from Mr. Brad Temple. Mr. Clifford Bakhsh, Emeritus PLS Board Member, is attending at the board’s request.Ms. Adams informed the board that both a copy of the changes to the rules and regulations as well as the statutory changes would be provided at the next meeting.
Board Order for Dayshawn Green
Ms. Adams will provide a copy of the board order at the next meeting.
PCS Request for Cosmetologists to Administer Cosmetology Exam
Peggy Foreit informed the board that PCS was requesting thatt cosmetologists be allowed to administer the practical examination. Ms. Adams stated that PCS should make a written request that included the rationale for using the cosmetologists as well as the circumstances which necessitated the need of such a request.
A motion was made by Ms. Porter, seconded by Ms. Bonargio to table the request until PCS could provide the required written request. The motion was unanimously carried.
New Business
Propose to Deny Hearing of Daria Jimerson
A Propose to Deny Hearing was conducted by the Board on the application for licensure of
Ms. Daria Jimerson. Ms. Jimerson was not represented by legal counsel and agreed to proceed without legal counsel. Ms. Jimerson was sworn in by Ms. Adams and presented testimony on how she received her criminal conviction. After deliberation, a motion was made by Ms. Porter to waive 24 Del. C. §5107 (a)(6), seconded by Mr. Shultie. The board unanimously approved the motion. Ms. Jimerson will be afforded licensure immediately as she has already passed both the written and practical examination.
Review of Reciprocity Applications
A motion was made by Mr. Cook, seconded by Ms. Hopkins to approve the following list of applications for licensure by reciprocity: Jenny A. Austin, Cherena Cheng, Denise D. Crout, Duane T. DeDominic, Dorothy E. Denver, Richard W. France, Doris D. Gordon, Penny Hession, Sydney C. Hulse, Shermaine D. Kellam, Rebecca L. Long, Laura J. Lowery, Tina Marie Miller, Rebecca D. Orr, Nikki Nhung Pham, Justine M. Scott, Terri Robinson, and Dawn D. Whedbee. The motion was unanimously carried.
A motion was made by Mr. Cook, seconded by Ms. Hopkins to approve the application of
Elaine D. Bean and Laureena A. Moody, contingent upon receipt of their licensure verifications from their original state jurisdictions The motion was unanimously carried.
A motion was made by Mr. Cook, seconded by Ms. Hopkins to propose to deny the application of Desiree A. Oglesby for failure to provide a notarized application and a statement of work history in order to meet the minimum standards for reciprocity licensure. The motion was unanimously carried.
NCEESE Statistics for National Exam
Statistics from the NCEES were provided to the Board Members concerning how Delaware candidates ranked among national candidates on the NCEES. In the FS Portion of the exam, DE candidates are ranking with a mean score of 81.0 which is 10.1% ahead of the national mean score of 70.9%.
The following individuals received licensure upon passing the required October, 2006 NCEES Examinations and/or DE State Drainage Examination. The individuals granted licensures on 10/27/2006 were: Douglas P. Williams (S6-0000719); Matthew R. Brickley (S6-0000720); Edward A. Patalano (S6-0000721); Steven F. Mervine (S6-0000722); David N. Shumate
(S6-0000723); and Charles W. Smith (S6-0000724).
The next scheduled examination dates are April 21st and April 22nd. The close date for applications will be the February board meeting.
Sample of Pass/Fail Letter from PCS to NCEES Examination
Review of Salon Applications
A motion was made by Mr. Cook, seconded by Ms. Porter to approve the following list of salon applications for licensure: Diva’s Den II, In Tha Cut, Polished, and The Cutting Edge Hair Salon The motion was unanimously approved.
A motion was made by Mr. Cook, seconded by Ms. Hopkins to table the application of Avanti Salon and Day Spa, Future Nails, and Jennifer’s Spa for floor plans illustrating a hand sink. The motion was unanimously carried.
A motion was made by Mr. Cook, seconded by Ms. Hopkins to table the application of Image Nails Salon and Spa for a more specific floor plan, Jenny’s Nail Spa for a floor plan and Mas Flow for a Division of Revenue Business License. The motion was unanimously carried.
Re-Review of Applications
A motion was made by Ms. Hopkins, seconded by Ms. Porter to propose to deny the applications of Nuzhat S. Abbasi and Maureen N. Demby for failure to provide official transcripts to validate the required hours in order to take the cosmetology examination. The motion was unanimously carried.
The board was provided copies of the pass and fail letters that Professional Credential Services will be supplying candidates after taking the examinations. A website is being developed to assist candidates in registering and paying fees for the exam. A copy of the website is located at www.pcshq.com.
DAG Legal Update for Complaint# 05-04-06
Mr. Kemp stated that a revision was made to 24 Del. C. §2712 (10) in 2006 which the board was under the impression would allow for the board to take disciplinary action against individuals who practiced land surveying on an expired license. According to Complaint# 05-04-06, the licensee referenced practiced land surveying on an expired license.
Mr. Schranck stated that the above referenced complaint did show a land surveyor practicing without a license however the licensee renewed his license during the late renewal period. The rules and regulations under section 16.0 will need revision in order to allow a period of less than two years for late renewal. Currently the late licensure renewal is for a two year period.
Mr. Schranck informed the board that a land surveyor who renews during the late renewal is not subject to a penalty for practicing on an expired license. Once a licensee renews their license, all land surveys performed by that licensee are valid. In order to discipline licensees for practicing without a license in the future, the renewal period of two years would need to be changed to another designated time (30 days or 60 days).
Final Version of Professional Land Surveyor Application
Complaints Assigned
Complaint# 08-01-07 has been assigned to Margaret Bonargio.
Consent Agreement
Mr. James Hanley, Prosecuting Deputy Attorney General, submitted a consent agreement on Complaint# 08-13-06 to the board for approval. Mr. Cook made a motion, seconded by
Ms. Porter that the consent agreement be rejected and include a disciplinary action stronger
than a reprimand. The motion was unanimously carried.
The final application was reviewed and Mr. Kemp stated that a change should be made to make the print font consist throughout the document. The change to the font will be made by
Peggy Foreit and the new application updated on the website.
NEW BUSINESS
Final Version of the Document Retention Schedule
Statute, Rules and Regulations Changes
Peggy Foreit stated to the board that the current application for reinstatement of a lapsedMr. Shultie stated that shops are not registering with the board office. Mr. Shultie stated that the rules and regulations did mention shop registration and should be updated to reflect changes that discipline shop owners for not registering. The board stated that they would review the provisions for shop registration at the next scheduled Rules and Regulations Meeting. Mike Szymanski presented the revised changes to the statute for 24 Del. C. §2702 and §2708.
Additional changes are required for sections concerning the provisions on experience and survey intern. A rules and regulations committee meeting is being scheduled for 1/10/2007 to discuss with the committee members the additional changes.
Changes for the Attestation Process have been requested by James Collins, the Director of Professional Regulation. Beginning with the June, 2007 renewal, licensees will be renewing on line. A change to the rules and regulations will be required under section 10.4. This change will be supplied for the board’s review at the next meeting.
Letter of Concern and Cease/Desist Changes
Legislative changes will need to be made to the statute in order for the board to use the cease and desist letter. Changes will be discussed at the next regularly scheduled board meeting.
Continuing EducationPeggy Foreit supplied a copy of the Document Retention Schedule to the board. A discussion took place on when applications are considered abandoned. Peggy Foreit stated that after 6 months the Division sends a letter to the applicant asking them whether or not they want to continue the application process. If candidates do not act on an application after one year, then that application is considered abandoned and sent to storage.
Brochure for Delaware Technical College
Mr. Early and Mr. Kemp expressed concern that the Board not be involved in putting out emails with continuing education attachments that are board approved. All members were in agreement that the Continuing Education portion of the website should be developed and continuing education courses with approved personal development hours (pdh) be put on the website.
NEW BUSINESS