IBOL COMPLAINT MEMORANDUM

 

 

            DATE:            July 12, 2010

 

            TO:                  Idaho Board of Barber Examiners

 

            SUBJECT:      Investigative Report

 

 

Fiscal Year 2010

            Total Complaints received                                                                                               18

            Status:

                        Closed by Board action                                                                              2

                        Pending Office of the Attorney General                                                  5

                        Pending IBOL disciplinary action                                                             2

                        Remaining under investigation                                                                  6

                        Awaiting Board determination                                                                   3

 

            Inspections  173

                        Attempted  42

                        Completed  131

 

Fiscal Year 2009

            Total Complaints received                                                                                                 5

            Status:

                        Closed by Board action                                                                              3

                        Pending Office of the Attorney General                                                  2

 

            Inspections  121

                        Attempted  38

                        Completed  83

 

For Board Determination:

 

I-BAR-2010-12  During an inspection of a cosmetology establishment on 10/13/09, the investigator discovered Respondent’s BR license expired on 12/28/07 and had not been renewed.  R did renew her license on 11/3/09.  IBOL recommends that the Board authorize IBOL to negotiate a settlement order requiring R to pay a $250 fine, $100 in costs and be placed on probation for two years.

 

I-BAR-2010-15  During an inspection the investigator discovered that R was practicing in the shop with an expired contiguous license.  Investigation found that R is also a co-owner of the shop with his wife, that R believed that the primary license was under both his and his wife’s names since his wife is a licensed COS but not a licensed BAR, and that R believed that he did not need to renew the contiguous license because he thought he was on the primary license as an owner.  Bureau records show that the primary license was only in R’s wife’s name.  R and his wife subsequently submitted a new application showing both names as owners, and a new license was issued for the shop.  IBOL recommends that the Board authorize closure.

 

I-BAR-2010-20  During an inspection, the investigator discovered that there was no sink in the restroom of the facility, but the sink for customers to use is approximately three yards outside the restroom.  R stated that she has a sign in the restroom telling customers to use the sink outside the restroom, where there is hot and cold running water, paper towels and a wastebasket.  R stated that she contacted a plumber and the cost to re-locate the sink to the restroom was “a couple of thousand” and she cannot afford to re-locate the sink at this time.  R stated that the building where the salon is located is a historical landmark, and R would like the Board to grant her a waiver of the requirement of a sink in the restroom.  Board Rule 550.10 states in pertinent part:  “Toilet Facilities . . . A basin with hot and cold running water, approved drainage systems, soap and single-use towels shall be provided within said facilities.”  IBOL would appreciate guidance from the Board regarding whether (1) the sink must be within the four walls of the restroom or it simply must be located within the establishment, and (2) if the sink must be in the restroom, does R need to have the sink re-located or can the Board consider a waiver?