Before the Tennessee State Board of Cosmetology

7)..... BEFORE THE TENNESSEE STATE BOARD OF COSMETOLOGY

PETITION FOR DECLARATORY ORDER

NOTICE OF HEARING (As required under Tenn. Code Ann. § 4-5-224) N= 1. Petitioner's Name: Beautiful Eyebrows TN Inc. - '.P"c:: Abdul Siddiqi -. G'> J' -y~\ Q"'\ - -"·· 2. Petitioner's Attorney: W. Justin Adams "" ·; -0 ••' - - Address: Trauger & Tuke ;.: (./) ·-.. '.f>~ - 222 Fourth Avenue North N ~ r:"' Nashville, Tennessee 37219 rt,

Telephone: (615) 256-8585

3. Agency rule, order or statutory Tenn. Code Ann.§ 62-4-102(a)(l)(C) provision on which declaratory Tenn. Code Ann.§ 62-4-102(a)(3)(F) order is sought: Tenn. Code Ann. § 62-4-108

4. Summary of Relief Requested:

Petitioner, Beautiful Eyebrows TN Inc., is a Tennessee corporation and Petitioner, Abdul Siddiqi, is the president of Beautiful Eyebrows TN Inc. Petitioners state that at the April 6, 2009 board meeting, the Tennessee State Board of Cosmetology ("Board") incorrectly interpreted the statutory terms "cosmetology" and "aesthetics" to include hair removal by the practice of "'threading." Petitioners further state that "threading" is a method of hair removal in which a thin, twisted cotton thread is rolled over areas of unwanted hair, removing. the hair at the follicle level. The Board has issued notices of violation and imposed civil penalties and other sanctions against unlicensed persons and/or entities providing threading services by unlicensed employees or at unlicensed locations. Petitioners believe the Board's interpretation is erroneous and wish to provide threading services to customers in Tennessee using employees not licensed by the Board and at locations not licensed by the Board.

A complete copy of the Petition for Declaratory Order is attached hereto.

5. Summary of Statute or Regulation at Issue:

Tenn. Code Ann. § 62-4-102(a)(l)(C) provides that the term "aesthetics" as used in the Tennessee Cosmetology Act of 1986 shall include, among other things, giving facials, applying makeup, giving skin care or removing superfluous hair by tweezing, depilatories or waxing. Tenn. Code Ann. § 62-4-102(a)(3)(F) provides that the term "cosmetology" as used in the Teimessee Cosmetology Act of 1986 shall include giving facials, applying makeup, giving skin care or removing superfluous hair by tweezing, depilatories or waxing. Teim. Code Ann. § 62-4-108 provides that, except as otherwise provided in the Teimessee Cosmetology Act of 1986, no person shall practice, teach or attempt to practice or teach cosmetology or aesthetics in T eimessee without a valid license issued by the Board.

6. Hearing:

The Board will conduct a contested case hearing on this matter on October 3, 2011 at 9:00 a.m. in room 160 of the Davy Crockett Tower, 500 James Robertson Parkway, Nashville, Tennessee 37243. If you are interested in intervening or participating in this case in any way or think that you may be affected by the possible outcome of this case, you must file a Petition to Intervene pursuant to Teim. Code Ann. § 4-5-310 and Tenn. Comp. R. & Regs. 1360-04-01-.12, stating your specific interest(s) in the case and your legal position/argument regarding those interests. The Petition must be submitted in writing to:

Administrative Procedures Division Office of Secretary of State of Tennessee 312 Rosa L. Parks A venue 8th Floor, William R. Snodgrass Bldg. Nashville, TN 3 7243 (615) 741-2078

A copy of the Petition must be mailed to:

Laura R. Betty Assistant General Counsel Tennessee Department of Commerce and Insurance Office of Legal Counsel .. 500James Robertson.Parkway Nashville, Tennessee 37243 (615) 741-3072

7. Administrative Procedures 12.09-113524A Division Docket Number: