IDAHO STATE BOARD OF COSMETOLOGY
Bureau of Occupation Licenses
1109 Main Street Suite 220
Boise Id 83702
Board Meeting Minutes of February 04, 2008
NOTE: THIS IS A DRAFT AND HAS NOT BEEN APPROVED BY THE BOARD
Board Members Present: Eric Negaard, Chair
Mary Lambert
Bonnie Sermon
BOARD MEMBERS ABSENT: Joan (Joni) Huff
Mildred Hill Herbold
BUREAU STAFF: Dawn Hall, Deputy Bureau Chief
Budd Hetrick, Deputy Bureau Chief
Roger Hales, Administrative Attorney
Kim Aksamit, Technical Records Specialist
OTHERS PRESENT: Emily Mac Master, Deputy Attorney General
Ronda Clark
LaDonn Goodfellow
Nancy Roland
E.B. Scholes JR
Susan Plagge
Mindy Isom
Peggy Foster
Grant Gardner
Rick Evans
Ryan Evans
April Evans
George Brunt
Wendy Florence
Patrick Florence
Linda Mottishaw
Jeni Giles
Amber Eggleston
Ty Walker
Tyler Price
Allison Price
Patti Homan
Nathan Shaw
Don Kotschevar
Gizelle Kotschevar
Jacqueline Jennings
Kathy Hopkins.
Meeting called to order at 8:45 a.m. MST by Chair Eric Negaard.
Approval of Minutes
Motion made by Ms. Sermon to accept the minutes from October 01, 2007. Seconded by Ms. Lambert, motion carried.
Motion made by Ms. Sermon to accept the minutes from January 04, 2008. Seconded by Ms. Lambert, motion carried.
Ms. Hall presented the legislative report.
Mr. Hetrick presented the Financial and Investigative report.
Old Business
Discussion of a bond/tuition recovery fund was tabled for a later time.
For Board Determination
I-COS-2005-4: Motion made by Ms. Sermon to accept the recommendation of the Bureau to authorize closure, with an advisory letter. Seconded by Ms. Lambert, motion carried
I-COS-2005-39: Moved by Ms. Lambert to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Sermon, motion carried.
I-COS-2005-47: Motion made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure with an advisory letter. Seconded by Ms. Sermon, motion carried.
I-COS-2007-39: Motion made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Sermon, motion carried.
I-COS-2007-44: Motion made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Sermon, motion carried.
I-COS-2007-45& 46: Motion made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Sermon, motion carried.
I-COS-2007-59 & 63: Motion made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Sermon, motion carried.
I-COS-2008-1: Motion made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Sermon, motion carried.
I-COS-2008-2: Motion made by Ms. Sermon to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Lambert, motion carried.
I-COS-2008-3: Motion made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Sermon, motion carried.
I-COS-2008-4: Motion made by Ms. Sermon to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Lambert, motion carried.
I-COS-2008-7: Motion made by Ms. Sermon to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Lambert, motion carried.
I-COS-2008-12: Motion made by Ms. Sermon to accept the recommendation of the Bureau to authorize closure and send a cease and desist letter and with a copy to the county prosecutor; seconded by Ms. Lambert, motion carried.
I-COS-2008-13: Motion made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure with an advisory letter. Seconded by Ms. Sermon, motion carried.
I-COS-2008-22: Motion made by Ms. Sermon to accept the recommendation of the Bureau to authorize closure with an advisory letter. Seconded by Ms. Lambert, motion carried.
I-COS-2008-23: Motion made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Sermon, motion carried.
I-COS-2008-31& 33: Motion made by Ms. Sermon to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Lambert, motion carried.
Motion made by Ms. Lambert to rescind the motions made on cases 2008-7 and 2008-13. Seconded by Ms. Sermon, motion carried.
Motion made by Ms. Sermon to not accept the recommendation of the Bureau on case 2008-7 and refer it to the Attorney General’s Office. Seconded by Ms. Sermon, motion carried.
Motion made by Ms. Sermon to not accept the recommendation of the Bureau on case 2008-13 and refer it to the Attorney General’s Office. Seconded by Ms. Sermon, motion carried.
I-COS-2008-32: Motion made by Ms. Sermon to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Lambert, motion carried.
I-COS-2008-34: Motion made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Sermon, motion carried.
I-COS-2008-37: Motion made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Sermon, motion carried.
I-COS-2008-40: Motion made by Ms. Sermon to accept the recommendation of the Bureau to authorize closure and send a cease and desist letter and a copy to prosecutor. Seconded by Ms. Lambert, motion carried.
I-COS-2008-47: Motion made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure. Seconded by Ms. Sermon, motion carried.
Motion made by Ms. Sermon to rescind the motion made on case 2008-32. Seconded by Ms. Lambert, motion carried.
Motion made by Ms. Lambert to not accept the recommendation of the Bureau on case 2008-32 and refer it to the Attorney General’s Office. Seconded by Ms. Sermon, motion carried.
Disciplinary Action
Emily Mac Master, Deputy Attorney General, presented a memorandum to the Board and several consent orders. Each matter was discussed separately and the following motions were made:
COS-2007-25 and COS-2007-26: Motion made by Ms. Lambert to accept the stipulation and consent order in the matter of Patricia Reyes and New Wave Hair Design, and authorizes the chair to sign on behalf of the Board. Seconded by Ms. Sermon; motion carried.
COS-2007-23: Moved by Ms. Sermon to accept the stipulation and consent order in the matter of Sole Tan & Health Spa, Inc., License No. CS-230849, and authorizes the chair to sign on behalf of the Board. Seconded by Ms. Lambert; motion carried.
COS-2007-27: Motion made by Ms. Lambert to accept the stipulation and consent order in the matter of Randie Case, License Nos. RC-230034 and CS-230849-A, and authorizes the chair to sign on behalf of the Board. Seconded by Ms. Sermon; motion carried.
COS-2008-1 and COS-2008-2: Motion made by Ms. Lambert to accept the stipulation and consent order in the matter of Huong Huyn License No NT-226667 and Columbia Nails & Spa, LLC, License No. CS-231431, and authorizes the chair to sign on behalf of the Board. Seconded by Ms. Lambert; motion carried.
COS-2006-17: Motion made by Ms. Lambert to accept the stipulation and consent order in the matter of Sheryl Yochum, License No. RC-16806, and authorizes the chair to sign on behalf of the Board. Seconded by Ms. Sermon; motion carried.
COS-2007-17: The Board deferred this stipulation and consent order for a later date.
COS-2008-5 and COS-2008-6: The Board accepts the recommendation of the Attorney General’s Office with a 30 day suspension and 15 days stayed.
COS-2006-20: Motion made by Ms. Sermon to adopt the Hearing Officer’s findings and facts and propose that in regard to discipline that the license be suspended for 1 year, pay $500.00 fine, attorney fees, and investigation fees and as a condition for reinstatement, she is to satisfactory meet her probation terms. Seconded by Ms. Lambert, motion carried.
Demonstration Permits
Jeni Giles, President of the Idaho School Owners Association, addressed the Board regarding clarification on demonstration permits. Discussion was held and the Board determined that the law and rule was clear. However, they would like to table this until the next meeting to discuss it with counsel.
New Business
Discussion was held regarding spray on tanning and the Board determined to table the issue until the June meeting.
Executive Session
Motion made by Ms. Lambert to go into executive session per Idaho Code 67-2345 (1)(d), to consider records that are exempt from disclosure . Seconded by Ms. Sermon; motion carried. Individual vote: Ms. Sermon, aye; Ms. Lambert, aye.
Motion made by Ms. Sermon to come out of executive session. Seconded by Ms. Lambert; motion carried.
Individual vote: Ms. Sermon, aye; Ms. Lambert, aye.
Application Review
Motion made by Ms. Sermon to accept the application for Jacqueline Jennings for a haircutter’s license under endorsement. Seconded by Ms. Lambert, motion carried.
Motion made by Ms. Sermon to accept the application for Gizelle Kotschevar to take the full examination for electrology. Seconded by Ms. Lambert, motion carried.
Break for Lunch
Meeting back in session at 1:15
New Business
Discussion regarding transfer of hours from one discipline to another will be tabled until the June meeting.
Discussion was held regarding number of instructors needed for new schools, no action taken.
Discussion was held regarding nail technicians being able to wax, and board determined they would need to hold the proper license for waxing.
Motion made by Ms. Sermon to have all Board members attend the NIC Region III & IV meeting and the spring meeting and to cover all expenses including, hotel, meals, shuttle, per diem, honorarium, and one day of travel. Seconded by Ms. Lambert, motion carried.
Discussion regarding transfer of hours from one discipline to another will be tabled until the June meeting.
Motion made by Ms. Lambert to have the Bureau research the rule regarding if hours are transferable from training in a school to an apprenticeship program. Seconded by Ms. Sermon; motion carried.
Executive Session
Motion made by Ms. Sermon to go into executive session per Idaho Code 67-2345 (1)(d), to consider records that are exempt from disclosure. Seconded by Ms. Lambert; motion carried. Individual vote: Ms. Sermon, aye and Ms. Lambert, aye.
Motion made by Ms. Lambert to come out of executive session. Seconded by Ms. Sermon; motion carried.
Individual vote: Ms. Sermon, aye and Ms. Lambert, aye.
The review of an additional curriculum for Academy Di Firenze to add an esthetics program will be tabled for the next meeting.
All applications for review will be tabled until the next meeting.
Meeting adjourned