IBOL COMPLAINT MEMORANDUM
DATE: November 8, 2010
SUBJECT: Investigative Report
Total Complaints received 2
Remaining under investigation 1
Awaiting Board determination 1
Fiscal Year 2010
Total Complaints received 18
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
Fiscal Year 2009
Total Complaints received 5
Closed by Board action 3
Awaiting Board determination 2
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.