IBOL COMPLAINT MEMORANDUM

 

 

            DATE:            November 8, 2010

 

            TO:                  Idaho Board of Barber Examiners

 

            SUBJECT:      Investigative Report

 

 

Fiscal Year 2011 (to date)

            Total Complaints received                                                                                                 2

            Status:

                        Remaining under investigation                                                                  1

                        Awaiting Board determination                                                                   1

 

            Inspections  59

                        Attempted  26

                        Completed  33

 

Fiscal Year 2010

            Total Complaints received                                                                                               18

            Status:

                        Closed by Board action                                                                              4

                        Closed following disciplinary action                                                        2

                        Pending Legal Review                                                                                3

                        Pending IBOL disciplinary action                                                             4

                        Remaining under investigation                                                                  1

                        Awaiting Board determination                                                                   4

 

            Inspections  175

                        Attempted  43

                        Completed  132

 

Fiscal Year 2009

            Total Complaints received                                                                                                 5

            Status:

                        Closed by Board action                                                                              3

                        Awaiting Board determination                                                                   2

 

            Inspections  121

                        Attempted  38

                        Completed  83

 

For Board Determination:

 

I-BAR-2009-2 and I-BAR-2009-3  During an inspection, the investigator noted that R, a licensed cosmetologist, advertised his shop as a barber shop but did not employ or lease space to a licensed barber.  R has since re-named and re-licensed the facility as a cosmetology establishment.  IBOL recommends that the Board authorize closure.

 

I-BAR-2010-7  During an inspection of a barber shop with the word “barber” in its name, the investigator discovered that there is no licensed barber working at the shop.  In response to a letter from the Attorney General’s Office, R placed the barber shop out of business and re-licensed the establishment as a cosmetology shop under a different name.  IBOL recommends that the Board authorize closure.

 

I-BAR-2010-16  C alleged that R school allowed a student to graduate without the required hours, failed to maintain the correct instructor to student ratio, and misled students on when they could leave school.  Investigation revealed that C dropped out of school 8.75 hours short of full graduation with a balance owing of approximately 50%.  Investigation also revealed that C reviewed and signed the payment agreement and refund policy and indicated that he understood his rights and responsibilities.  The owner of R school informed the investigator that the school attempted to work with C, provided C with extra attention for which C was not charged, and offered to discount the balance owing if C would pay it.  The owner stated that when C was advised that he had to make a significant payment toward his balance before the school could send his paperwork to the Board, C became very angry and made untruthful accusations about the school.  Investigation did not reveal any evidence to support the allegations; therefore, IBOL recommends that the Board authorize closure.

 

I-BAR-2010-18 During an inspection, the investigator discovered that R had moved his barbershop next door and had failed to license the new facility.  IBOL records show that in March 2007 R submitted an address change, showing the new address for his barbershop.  IBOL sent R a letter stating that a new application needed to be submitted for the new facility.  R, who is 74 years old, did not understand that he needed a new license for the facility, because the new facility is in the same building as his previously licensed facility and used to be a cosmetology shop.  According to R, the landlord had him move from his previous side of the building to the other side of the building.  R stated that the new facility shares the same restroom with the old facility, but has a different entrance door so it has a different address.  R stated that he thought he did everything as he should have, and still didn’t understand what he did wrong.  After the inspection, R submitted an application for the new facility, and a license was issued.  IBOL recommends that the Board authorize closure with a warning letter to R reminding R that if he moves his establishment, even within the same building, he must apply for a new license.

 

I-BAR-2010-20  During an inspection the investigator discovered that the restroom did not contain a sink.  The Board reviewed this case at its 7/12/10 meeting and determined that R needed to move the sink to within the four walls of the restroom within six months.  On 7/27/10 R informed IBOL that she was closing the business and requested that the license be cancelled.  IBOL recommends that the Board authorize closure.

 

I-BAR-2011-2  During an inspection, the investigator noted that R, a licensed cosmetologist, advertised his shop as a barber shop but did not employ or lease space to a licensed barber.  R has since closed the facility and opened another facility as a licensed cosmetology shop.  IBOL recommends that the Board authorize closure.