State Board of Cosmetology Examiners

BOARD DOCUMENT 08-02

STATE BOARD OF COSMETOLOGY EXAMINERS COMMITTEE MEETING MONDAY, FEBRUARY 18, 2008, 10:00 A.M. INDIANA GOVERNMENT CENTER SOUTH 402 W WASHINGTON STREET, ROOM W064 INDIANAPOLIS, IN 46204

MINUTES OF THE MEETING

BOARD MEMBERS PRESENT: David Demuth, President Diana Bonn Elizabeth Lynch Dr. Rebecca Bushong

BOARD MEMBER ABSENT: Diane Weisheit, Vice President

STATE OFFICIALS PRESENT: Tracy Hicks, Board Director Tina Wiseley, Assistant Board Director Donna Sembroski, Deputy Attorney General Amanda Bailor, Deputy Attorney General Jeri Archer, Inspector Kathleen Hopper-Parkhurst, Inspector

MINUTES TRANSCRIBED AND COMPILED BY: Tracy Hicks, Board Director

MINUTE 08-17 CALL TO ORDER AND ESTABLISHMENT OF QUORUM

The committee meeting was called to order at 10:00 a.m. by D. Demuth pursuant to public notice posted at the principal office of the board at least forty-eight (48) hours before the time of the meeting.

MINUTE 08-18 ADOPTION OF THE MINUTES OF THE JANUARY 14, 2008 MEETING OF THE BOARD

R. Bushong moved to approve the minutes of the January 14, 2008 meeting of the board. E. Lynch seconded the motion. Motion carried.

MINUTE 08-19 ADMINISTRATIVE HEARING IN THE MATTER OF STATE OF INDIANA V. HOANG M. DO, MA20300511, SBCE 07-55

The board conducted an administrative hearing in the matter of State of Indiana v. Hoang M. Do, MA20300511, SBCE 07-55.

D. Bonn moved to issue a notice of proposed default in the matter of State of Indiana v. Hoang M. Do, MA20300511, SBCE 07-55. E. Lynch seconded the motion. Motion carried. No further proceedings took place.

1 MINUTE 08-20 ADMINISTRATIVE HEARING IN THE MATTER OF STATE OF INDIANA V. VILLAGE VIDEO, TB59600247, SBCE 07-56

The board conducted an administrative hearing in the matter of State of Indiana v. Village Video, TB59600247, SBCE 07-56.

D. Bonn moved to issue a notice of proposed default in the matter of State of Indiana v. Village Video, TB59600247, SBCE 07-56. E. Lynch seconded the motion. Motion carried. No further proceedings took place.

MINUTE 08-21 ADMINISTRATIVE HEARING TO CONSIDER DISCIPLINARY ACTION IN THE MATTER OF STATE OF INDIANA V. DEREK FUNG, MA29700427, SBCE 07-57

The board conducted an administrative hearing in the matter of State of Indiana v. Derek Fung, MA29700427, SBCE 07-57.

D. Bonn moved to issue a notice of proposed default in the matter of State of Indiana v. Derek Fung, MA29700427, SBCE 07-57. E. Lynch seconded the motion. Motion carried. No further proceedings took place.

MINUTE 08-22 DELIBERATION AND ISSUANCE OF FINAL ORDERS

D. Bonn moved to affirm the Administrative Law Judge’s Order and issue a Final Order in the matter of Virginia Bocade, SBCE 07-59. E. Lynch seconded the motion. Motion carried.

D. Bonn moved to affirm the Administrative Law Judge’s Order and issue a Final Order in the matter of Kendra L. Kopp, SBCE 07-60. E. Lynch seconded the motion. Motion carried.

D. Bonn moved to affirm the Administrative Law Judge’s Order and issue a Final Order in the matter of Wade Silvers, SBCE 07-62. E. Lynch seconded the motion. Motion carried.

D. Bonn moved to affirm the Administrative Law Judge’s Order and issue a Final Order in the matter of Patricia Brannock, SBCE 07-63. E. Lynch seconded the motion. Motion carried.

MINUTE 08-23 CONSIDERATION OF COSTS PURSUANT TO IC 25-1-11-18

D. Bonn moved to approve the costs pursuant to IC 25-1-11-18 in the matter of Pamela Denee Giger-Hunt, MA29800741, SBCE 07-35 for $106.18, Brenda McCoy, BC09001587, SBCE 07-40 for $100.63, Joann Pritchard, BC29800592, SBCE 07-39 for $100.63, Thuy Diem Truong, MA29700204, SBCE 07-34 for $100.80, and White Sands Tanning, TB50300004, SBCE 07-33 for $100.80. E. Lynch seconded the motion. Motion carried.

MINUTE 08-24 CONSIDERATION OF MOTION FOR VOLUNTARY DISMISSAL BY PETITIONER

D. Bonn moved to grant the Motion for Voluntary Dismissal by Petitioner in the matter of Long Hoang Nguyen, SBCE 07-36. E. Lynch seconded the motion. Motion carried.

MINUTE 08-25 CONSIDERATION OF OBJECTION TO THE NOTICE OF PROPOSED DEFAULT

D. Bonn moved to accept the objection to the Notice of Proposed Default in the matter of State of Indiana v. Truc Thanh Phan, SBCE 07-25. E. Lynch seconded the motion. Motion carried.

2 MINUTE 08-26 CONSIDERATION OF REQUEST FOR RECONSIDERATION OF FINE

D. Bonn moved to affirm the previous decision of the board in the matter of Brenda McCoy, SBCE 07-40. E. Lynch seconded the motion. Motion carried.

MINUTE 08-27 REQUESTS FOR WAIVER OF 820 IAC 2-2-3(b)

R. Bushong moved to deny the request for waiver of 820 IAC 2-2-3(b) in the matter of LeeDonna Jones due to lack of proof. D. Bonn seconded the motion. Motion carried.

R. Bushong moved to deny the request for waiver of 820 IAC 2-2-3(b) in the matter of Courtney Michelle Salesman. D. Bonn seconded the motion. Motion carried.

MINUTE 08-28 REQUESTS FOR WAIVER OF 820 IAC 4-1-5(d)

R. Bushong moved to deny the request for waiver of 820 IAC 4-1-5(d) in the matter of LeAsiah E. McKinney. E. Lynch seconded the motion. Motion carried.

R. Bushong moved to approve the request for waiver of 820 IAC 4-1-5(d) in the matter of Casey Spillman. D. Bonn seconded the motion. Motion carried.

MINUTE 08-29 PETITION FOR REVIEW GRANTED, ADMINISTRATIVE LAW JUDGE APPOINTED

R. Bushong moved to grant the petitions for review and appoint D. Demuth as the Administrative Law Judge in the matter of Kasey Cline, Amber N. Estes, Juan Hernandez-Gonzalez, Alex Hoang, Loretta Huber, and Tammy Pham for Paris Nails. D. Bonn seconded the motion. Motion carried.

MINUTE 08-30 CONSIDERATION OF PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

R. Bushong moved to accept the Proposed Findings of Fact, Conclusions of Law, and Order in the matter of Punchie’s, SBCE 07-43. E. Lynch seconded the motion. Motion carried.

MINUTE 08-31 DEPUTY ATTORNEY GENERAL’S REPORT

No report.

MINUTE 08-32 APPLICATION COMMITTEE REPORT

D. Bonn moved to accept the application committee report as follows. E. Lynch seconded the motion. Motion carried.

COSMETOLOGY RECIPROCITY APPLICATIONS VINH YEN HUA – APPROVED RAFATH MUMTAZ – APPROVED JOEL RIVAS – DENIED – INCOMPLETE APPLICATION – IC 25-8-4-5 & IC 25-8-9-3(2) SILVIA TORRES – APPROVED

ESTHETICIAN RECIPROCITY APPLICATIONS DANIELLE JOANNE FREY – NO EXAM IN JURISDICTION, NOT ENOUGH HOURS – IC 25-8-4-2(a)(2) & 820 IAC 4-4-7.1

3 MANICURIST RECIPROCITY APPLICATION THAO T. HUYNH – DENIED – WENT TO NAIL SCHOOL NOT COSMETOLOGY SCHOOL – IC 25-8-11- 4(3) CHI H. PHAM – DENIED – NO LICENSE IN JURISDICTION – IC 25-8-4-2(a)(1) & IC 25-8-4-2(a)(2)

INSTRUCTOR RECIPROCITY APPLICATION JOSE BARRERA LOPEZ – DENIED – NO LICENSE IN JURISDICTION – IC 25-8-4-2(a)(1) & IC 25-8-4- 2(a)(2)

COSMETOLOGIST EXAMINATION APPLICATION CONNIE H. CREATH – DENIED – PAST 1 YEAR TO TAKE EXAMINATION – 820 IAC 2-2-3(b) JESSIKA GLEASON – DENIED – PAST 1 YEAR TO TAKE EXAMINATION – 820 IAC 2-2-3(b)

MANICURIST EXAMINATION APPLICATIONS DUC VAN LAM – DENIED – NO PROOF OF EDUCATION – IC 8-11-4(3) LONG T. LAM – DENIED – NO PROOF OF EDUCATION – IC 8-11-4(3) HAI M. LE – APPROVED HUONG T. LE – APPROVED LAN H. LE – DENIED – NO PROOF OF EDUCATION – IC 8-11-4(3) TAM THANH LE – APPROVED AMY T. NGUYEN – DENIED – NO PROOF OF EDUCATION – IC 8-11-4(3) HUY DINH NGUYEN – DENIED – NO PROOF OF EDUCATION – IC 8-11-4(3) NGOCHANG T. NGUYEN – DENIED – NO PROOF OF EDUCATION – IC 8-11-4(3) DIEM THUY THI PHAM – APPROVED ANH NGUYET THI PHAN – DENIED – NO PROOF OF EDUCATION – IC 8-11-4(3)

COSMETOLOGY SALON APPLICATIONS HAIR TEK – INCOMPLETE APPLICATION – NO FEE RECEIVED - HOLLY HAIR SALON – INCOMPLETE APPLICATION – NO FEE RECEIVED - J. BEAUTY CREATION – APPROVED

ESTHETIC SALON APPLICATIONS MYRA EYEBROWS (LAFAYETTE RD.) – DENIED – LICENSE NOT AVAILABLE AT THIS TIME MYRA EYEBROWS (E. 82ND STREET) – DENIED – LICENSE NOT AVAILABLE AT THIS TIME

MINUTE 08-33 RULES COMMITTEE REPORT

T. Hicks reported that the proposed rule amendments submitted by the rules committee regarding LSA Document 07-645 has been forwarded to Julie Alexander for the Attorney General’s office pre-review January 8, 2008.

MINUTE 08-34 ADJOURNMENT

There being no further business to discuss, the meeting adjourned at 1:35 p.m.

DATED: ______

______DAVID DEMUTH, PRESIDENT

______ATTEST BY: TRACY HICKS, BOARD DIRECTOR