MEMORANDUM

             DATE:          February 4, 2008

             TO:               Idaho State Board of Cosmetology Examiners

             SUBJECT:   Complaint / Investigative Report

  

Fiscal Year 2008 (to date)

            Total Complaints received                                                                                            55

            Status:
                        Closed following disciplinary action                                                      1
                        Pending legal review by the Office of the Attorney General          13
                        Remaining under investigation                                                             25
                        Awaiting Board determination                                                             16

 Fiscal Year 2007

            Total Complaints received                                                                                            67

            Status:
                        Closed by Board action                                                                         27
                        Closed following disciplinary action                                                      8
                        Pending legal review by the Office of the Attorney General          11
                        Remaining under investigation                                                             15
                        Awaiting Board determination                                                                6

Fiscal Year 2006

            Total Complaints received                                                                                            84

            Status:
                        Closed by Board action                                                                         47
                        Closed following disciplinary action                                                    27
                        Pending legal review by the Office of the Attorney General            4
                        Remaining under investigation                                                               6

Fiscal Year 2005

            Total Complaints received                                                                                            64

            Status:
                        Closed by Board action                                                                         32
                        Closed following disciplinary action                                                    22
                        Pending legal review by the Office of the Attorney General            5
                        Remaining under investigation                                                               2
                        Awaiting Board determination                                                                3

Fiscal Year 2004

            Total Complaints received                                                                                            73

            Status:
                        Closed by Board action                                                                         45
                        Closed following disciplinary action                                                    25
                        Pending legal review by the Office of the Attorney General            3

 Fiscal Year 2003

            Total Complaints received                                                                                            58

            Status:
                        Closed by Board action                                                                         39
                        Closed following disciplinary action                                                    18
                        Pending legal review by the Office of the Attorney General            1

 

For Board determination:

I-COS-2005-4                      C alleged that R is allowing an unlicensed person to practice.  INV did not reveal evidence to support the allegations or a violation.  INV did reveal that the R filed the complaint under a false name due to long standing feud between the C and the R.  IBOL recommends the Board authorize closure with an advisory letter the C.

I-COS-2005-39                   C alleged R is allowing unlicensed employees to practice NT.  INV revealed that C and R are involved in a long-standing feud due to employment issues. INV also revealed that R's relatives visited the salon, but there is no evidence that any were allowed to work on clients.  INV did not reveal evidence to support the allegation or a violation.  IBOL recommends the board authorize closure.

I-COS-2005-47                   A sanitary inspection revealed unacceptable sanitary conditions and resulted in a failing score of 75 and a 'C' classification. A re-inspection within 30 days resulted in a score of 88 and a 'B' classification.   IBOL recommends the Board authorize closure with an advisory letter.

I-COS-2007-39                   During a routine inspection R's establishment received a score of 52 and a "C" card being issued,  due to poor sanitary conditions.  The secondary inspection resulted in a passing score of 97 and a "A" being issued.  Based on compliance, IBOL recommends the Board authorized closure.

I-COS-2007-44                   During a routine inspection R was found to be practicing NT without the appropriate license. INV research revealed that R had been issued an EST license instead of an NT license.  INV revealed that there was some confusion by the R and IBOL regarding the application.  The issues were clarified and the correct license was issued.  IBOL recommends the Board authorize closure.

I-COS-2007-45 & 46         During a routine inspection R was found to be allowing the practice of NT without the appropriate licensure. INV research revealed that an EST license had been issued in error instead of an NT license.  INV revealed that there was some confusion by the applicant and IBOL regarding the application.  The issues were clarified and the correct license was issued.  IBOL recommends the Board authorize closure.

I-COS-2007-59 & 63         C alleged that R is working in an unlicensed facility on an expired license. INV revealed that R is physically incapable of working.  INV did not reveal evidence to support the allegation or a violation.  IBOL recommends the Board authorize closure.

I-COS-2008-1                      C alleged R was unlicensed and practicing in an unlicensed salon.  INV revealed that R was practicing without a personal license in an unlicensed facility for approximately 2 years. INV revealed that a facility license was issued subsequent to INV contact. Follow-up INV revealed that the salon is not in operation and that R is obtaining the information necessary to take the licensure exam. IBOL recommends the Board authorize closure.

I-COS-2008-2                      C alleged possible unlicensed facility providing skin care.  INV revealed that this facility is located in a medical facility and uses lasers to treat skin conditions.  IBOL recommends the Board authorize closure.

I-COS-2008-3                      C alleged that R is withholding or not releasing hours appropriately.  INV revealed that R audited the C's class hours and C was required to make up hours to graduate.  C eventually completed the hours needed to graduate, but has moved and left no forwarding information. IBOL records show that C's hours have been received and C is approved for exam.  INV did not reveal evidence to support the allegation or a violation.  IBOL recommends the Board authorize closure.

I-COS-2008-4                      C alleges R is unlicensed and is operating an unlicensed home shop. IBOL sent cert letter requesting response. R sent response admitting to practice and noting that a city license had been obtained. R also provided a copy of an out-of-state cosmetology license.  R was advised of the requirements and possible action. R stated that practice would cease and requested the proper applications be sent regarding licensure in Idaho. Applications were sent to R.  IBOL recommends the Board authorize closure.

I-COS-2008-7                      C alleged the R is practicing Cosmetology without the benefit of current licensure.  INV revealed that R was practicing cosmetology with an expired license for a year.  R was unaware of the expired license and corrected the problem immediately.  IBOL recommends the Board authorize closure with a advisory letter.

I-COS-2008-12                   C alleged that R was practicing cosmetology services on the general public without the benefit of licensure. Sent certified letter requesting response, and no response was received. INV visit confirmed that R was practicing without a personal license.  IBOL records show that R has not applied for a COS license.  IBOL recommends the Board authorize closure with a cease and desist letter and a copy to the prosecutor.

I-COS-2008-13                   C alleged that R was practicing cosmetology on the general public without the benefit of current licensure.  INV revealed that R practicing COS on an expired personal license.  INV revealed that R took immediate action and renewed the license subsequent to INV notification.  IBOL recommends the Board authorize closure with an advisory letter to R.

I-COS-2008-22                   C alleged fungus developed after a manicure at the establishment.  INV revealed that the C could not provide any more information then what was already provide in the complaint.  An inspection was conducted on the Facility and received a 93%.  The R was advised to insure that staff follows the sanitation requirements set forth in Rule 800.  INV did not reveal evidence to support the allegation or a violation.  IBOL recommends the Board authorize closure with an advisory letter.

I-COS-2008-23                   C alleged R is practicing and advertising nail services without the benefit of being licensed.  IBOL confirms no registration for R. Send cert letter requesting response.  No response was received, so the matter was referred to the DAG. R later responded and admitted to being ignorant of the violation. R confirmed that all practice had ceased. Based on R's compliance statement, IBOL recommends the Board authorize closure.

I-COS-2008-31 & 33         C alleged that R denied a card for time keeping for a month although a new one was paid for; that C wrote time down and posted it as instructed and was then told that it was lost; that R told C that they guessed at C hours; that C did not receive lunch time; that C was required to do pedicures on clients with black toe nail fungus; that R suspended C for being sick on a Saturday even though C had a doctor's note; and that C did not receive a student loan check for 4 months.  INV revealed that the R has very detailed notes regarding attendance and financial affairs of C  C has numerous absences that prohibit C from qualifying for student loans or Pell grants and C was placed on probation for at least 4 months, suspended two times for failure to meet the requirements of attendance.  C hours are being withheld due to C owing the balance of the tuition.  INV did not reveal evidence to support the allegations or a violation. IBOL recommends the Board authorize closure.

I-COS-2008-32                   C alleged R is operating out of a converted garage in a residential neighborhood.  INV reveals that R has a current salon license and an expired personal license.  R stated to no longer practicing due to family issues, and agreed to notify IBOL when practice continued. Inspection revealed that facility was being used as storage. IBOL records show personal license has been reinstated.  IBOL recommends the Board authorize closure.

I-COS-2008-34                   C alleged that R is advertising on the internet and practicing in unlicensed premises.  INV revealed that insufficient information was provided from the C and R could not be located.  INV did not reveal evidence to support the allegations.  IBOL recommends the Board authorize closure.

I-COS-2008-37                   C alleges that R is taking hours from C's child's attendance record for being late.  INV revealed that the C could not provide proof of the allegation.  INV revealed that the student signed the attendance policy acknowledging that the student had read and understood the policy.  The R provided the attendance record for the student which documented that the student was chronically late or absent.  INV did not reveal evidence to support the allegation or a violation.  IBOL recommend the Board authorize closure.

I-COS-2008-40                   C alleged R was unlicensed and practicing in a licensed facility.  INV revealed that the R was practicing COS without a current license in a licensed facility.  IBOL recommends the Board authorize closure with a cease and desist letter and copy to prosecutor.

I-COS-2008-47                   C alleged that R is operating a facility in C's rental house without the appropriate zoning or use permit.  INV revealed that R opened a home salon without first getting the required approval.  Once informed of the problem R took immediate action to obtain the necessary approvals, and the permit was granted.  IBOL recommends the board authorize closure.


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Last Modified - March 08, 2009