MEMORANDUM

             DATE:          June 6, 2005

             TO:               Idaho State Board of Cosmetology Examiners

             SUBJECT:   Complaint / Investigative Report

FY-2005:  To date fifty-one (51) complaints have been received. Of those, five (5) have been closed without action, fifteen (15) have been referred for formal action, nineteen (19) remain under investigation, and twelve (12) await Board determination. 

FY-2004:  Seventy three (73) complaints were received.  Of those, thirty-four (34) were closed without action, thirty-one (31) were referred for formal action, four (4) remain under investigation, and four (4) await Board determination. 

FY2003:  Fifty-three (53) complaints were received. Of those, thirty-nine were closed without action, and nineteen (19) were referred for formal action. None remain under investigation.

There are twenty-eight (28) pending disciplinary actions.

For Board determination:

COS-L6A-4-2002-95                R indicated a felony conviction for possession of marijuana w/intent to deliver on license renewal form. INV confirmed the conviction and revealed that the conviction included 90 days in jail, $1576 fine & costs & 5 years probation. The judgment of conviction has since been withdrawn and the matter dismissed.
The Bureau recommends the Board authorize closure without further action.

COS-L6A-1-2004-40                R self disclosed a conviction of burglary shoplifting, a felony. R subsequently violated probation due to failing a drug test and was incarcerated for 30 days. INV revealed that R has passed all tests since release, and has completed treatment for chemical dependency, maintained employment, & received a good evaluation from probation officer. R's probation officer is requesting discharge from parole, as R has been remained clean of drugs.
Based on seeming compliance with probation, IBOL recommends Board authorize closure.

COS-P3A-2-2004-44                C alleges R performed a chemical service that caused damage to the hair resulting in the need to have excessive length cut off to remove the damage. R denied that damage occurred and witnesses confirmed that C was happy with the service. INV revealed that C's hair had been subject to chemical services other than those performed by R; that complaint was filed approximately 3 weeks after services; that witnesses maintained that chemicals were applied to root area only and no damage was apparent; that C expressed satisfaction with the service; that C's small claims action against R was unsuccessful; and that accounts of the events provided by friends and salon personnel are inconsistent and inconclusive. INV did not reveal evidence to support the allegations. Based on R's considerable experience and a lack of evidence to show a violation, IBOL recommends the Board authorize closure.

COS-L5A-1-2004-70                C alleges that R offered a scholarship to attend school to become an instructor and that R failed to properly register C, resulting in no record of training. INV confirmed that R did offer a 50% discount to graduated students who wish to continue with CI training. IBOL records confirm that C was registered as a student CI as alleged by C. R confirmed that a discount was offered to C; that no records of training were maintained because records are destroyed after 3 years; that C had over 304 hours, but due to owing school $150, none were submitted. IBOL has no record that R gave notification of withholding records or returning CI permit, and R could not provide documentation. INV also revealed that C admitted practicing for 6 months before being licensed.
IBOL recommends that, due to the age of the activity in question, the Board authorize closure without action.

COS-L1A-2-2004-71                C alleges unlicensed salon and employees. INV revealed that the salon was being operated without benefit of a facility license. INV confirmed that all employees who practiced cosmetological services were currently licensed. The owner (unlicensed) denied knowing that a facility license was required and all of the licensees said they thought the salon was licensed. Upon notice of the violation, application was made and the license was issued. Based on compliance, IBOL recommends the Board authorize advisory letters to the salon and employees and closure.

COS-L2B-1-2005-6                C alleged R was unlawfully charging for make up application services. INV revealed that R's business has an RD license. R stated that normally services were not charged for, but admitted to charging for makeup application services when providing such services for weddings outside the business. R denied knowing that such practice was unlawful. The INV reviewed the law with R, noting that clients could not be charged for makeup application services, and that R was not licensed to provide makeup services outside the RD business. R was very cooperative and stated that all such charging and practice would cease. IBOL recommends the Board authorize closure with an advisory letter.

COS-B4A-2-2005-17                Inspection revealed that there was not a closable door between the shop and the living area. R was advised and a follow-up inspection resulted in a "C" classification because door had not been installed. R then installed the door and the shop passed inspection. Based on compliance, IBOL recommends the Board authorize closure with advisory letter.

COS-B6B-2-2005-18                R was alleged to be practicing without a current license. IBOL records confirmed that license was expired 12-31-2003. INV revealed that R had practiced between 1/2004 and 10/2004 without a valid license. R was contacted and told to renew license and submit a written explanation of the failure to renew and why practice had continued. No response has been received to date. R's license has subsequently been renewed and is current. IBOL recommends the Board authorize closure with an advisory letter regarding unlicensed practice and possible disciplinary action.

COS-B1A-2-2005-21                C alleged that R advertises mobile nail service. Such practice is a violation of 54-803(1). INV confirmed that R is licensed as a NT and was providing mobile nail services to the public since becoming licensed 11/2004. R maintains that she was told by IBOL she could provide the mobile service as long as the client did not have a car." R was advised of the violation and the law & rule governing performing cosmetological services for persons unable by reason of ill health, medical confinement or involuntary incarceration to go to a cosmetological establishment. IBOL recommends the Board authorize closure with an advisory letter to cease & desist unlawful practice.

COS-P1-4-2005-24                R is alleged to have practiced cosmetology without licensure. INV confirmed that R applied a liquid to client hands and would buff clients nails. IBOL records confirmed that R was not licensed and no licenses or permits allowing the practice had been issued. R was cited by law enforcement and later left the country. IBOL recommends the Board authorize closure.

COS-B1A-3-2005-25                R is practicing without the benefit of a salon license. INV revealed that R was practicing in an unlicensed facility. R admitted ignorance of the requirements and confirmed that she had violated the laws & rules. After a review of law & rule, R agreed to cease unlawful practice and obtain appropriate licensure. R submitted written confirmation. R has subsequently made application and was issued a salon license. Based on R's cooperation and compliance, IBOL recommends the Board authorize closure with an advisory letter.

COS-B1A-4-2005-28                R is alleged to have practiced cosmetology without licensure. INV confirmed that R applied a liquid to client hands and would buff clients nails. IBOL records confirmed that R was not licensed and no licenses or permits allowing the practice had been issued. R was cited by law enforcement and later left the country. IBOL recommends the Board authorize closure.

COS-P1-4-2005-32                R is alleged to have practiced cosmetology without licensure. R was alleged to be practicing NT in a mall kiosk. IBOL records revealed R was not licensed. INV confirmed the allegations and called law enforcement. The respondent was cited for practicing without a license. R has since left the country. The Bureau recommends the Board authorize closure.

COS-P1-4-2005-33                R is alleged to have practiced cosmetology without licensure. R was alleged to be practicing NT in a mall kiosk. IBOL records revealed R was not licensed. INV confirmed the allegations and called law enforcement. The respondent was cited for practicing without a license. R has since left the country. The Bureau recommends the Board authorize closure.

COS-B1-4-2005-34                R is alleged to have practiced cosmetology without licensure. INV confirmed that R applied a liquid to client hands and would buff clients nails. IBOL records confirmed that R was not licensed and no licenses or permits allowing the practice had been issued. R was cited by law enforcement and later left the country. IBOL recommends the Board authorize closure.

COS-B1-4-2005-35                R is alleged to have practiced cosmetology without licensure. INV confirmed that R applied a liquid to client hands and would buff clients nails. IBOL records confirmed that R was not licensed and no licenses or permits allowing the practice had been issued. R was cited by law enforcement and later left the country. IBOL recommends the Board authorize closure.

COS-L5C-2-2005-44                C alleged R cheated on licensure examination at LaserGrade, by using a cell phone and headset to get answers. INV revealed that examination security procedures were in place and being followed at the test site. R denied the allegation and noted that an ex-spouse had been causing problems because of a custody battle. INV did not reveal evidence to support the allegations. IBOL recommends the Board authorize closure.