IBOL COMPLAINT MEMORANDUM
DATE: October 5, 2009
TO: IDAHO BOARD OF COSMETOLOGY
SUBJECT: Investigative Report
Fiscal Year 2010 (to date)
Total Complaints received 38
Pending Office of the Attorney General 10
Remaining under investigation 28
Fiscal Year 2009
Total Complaints received 123
Closed by Board action 19
Closed following disciplinary action 15
Pending Office of the Attorney General 39
Remaining under investigation 36
Awaiting Board determination 14
Fiscal Year 2008
Total Complaints received 92
Closed by Board action 35
Closed following disciplinary action 30
Pending Office of the Attorney General 10
Remaining under investigation 8
Awaiting Board determination 9
Fiscal Year 2007
Total Complaints received 65
Closed by Board action 42
Closed following disciplinary action 19
Pending Office of the Attorney General 4
Fiscal Year 2006
Total Complaints received 84
Closed by Board action 51
Closed following disciplinary action 32
Awaiting Board determination 1
For Board Determination:
I-COS-2006-53 C alleged R was operating an unlicensed establishment. INV revealed R moved an establishment without submitting a new application. Once R was made aware of the requirement, an application was submitted and licensure was obtained. Board determined that the matter should be sent to the DAG for review. DAG review determined there were not enough facts to support the allegation and recommends that the Board authorize closure.
I-COS-2008-55 and I-COS-2008-75 C alleged R, who is not a licensed barber, advertised as a barber and displayed a barber pole. INV revealed R did advertise as a barber and there was no licensed barber employed at the facility, only licensed COS personnel. DAG reviewed file and found that R was not aware that the Barbers Act prohibits the use of the word ďbarberĒ or the image of a barber pole by a licensed COS establishment unless that establishment is leasing space to or employing a licensed barber. Shortly after being informed of the provisions of the Barbers Act, R changed the name of the business and removed or covered all barber-related signs and materials. Based on DAGís review and Rís compliance, IBOL recommends the Board authorize closure.
I-COS-2008-57 C alleged R, who is not licensed, was practicing COS in an unlicensed facility. INV revealed R is an applicant; therefore, the Board does not have jurisdiction for disciplinary sanctions. IBOL recommends the Board authorize closure and forwarding the file to the DAG for a cease and desist letter.
I-COS-2008-65 While conducting an inspection of a facility, the investigator discovered that R had been convicted of a felony and was on probation. INV revealed that R disclosed the felony on Rís application. IBOL recommends the Board authorize closure.
I-COS-2008-78 C alleged R, a licensed NT, is cutting hair without a license. Bureau records show that R is a licensed RC. IBOL recommends the Board authorize closure.
I-COS-2008-83 C alleged Rís salon sanitation is unsatisfactory. INV revealed that the salon was inspected on May 21, 2008, and received a score of 88 and the issuance of a ďBĒ card. Another inspection was conducted on June 03, 2009, and the salon was again issued a ďBĒ card. The most recent inspection was conducted on June 26, 2009, and an ďAĒ card was issued with a score of 92. IBOL recommends the Board authorize closure.
I-COS-2008-85 and I-COS-2008-86 C alleged Rís school is not adequately sanitizing equipment and C contracted lice after receiving a haircut at the school. INV did not reveal any evidence to support Cís allegations or information of any other clients who may have contracted lice from the school. A thorough inspection was conducted of the facility resulting in a score of 92 and the issuance of an ďAĒ Card. IBOL recommends the Board authorize closure.
I-COS-2008-89 C alleged R was performing COS services at a senior center without a license. Investigator attempted to interview R but R and her husband fled the scene. Investigator later learned both subjects are wanted by law enforcement on felony warrants. No further information was available. IBOL recommends the Board authorize closure.
I-COS-2009-1 C alleged R was practicing on an expired license, and INV revealed R is practicing COS without a license. INV revealed that R operated a nail station at a licensed COS establishment on at least four days in June 2008. (The owner of the establishment entered into a Consent Order with the Board for allowing unlicensed practice in February 2009.) In July 2008 R was issued a citation for doing business without a license. In September 2008 an ďAgreement Deferring ProsecutionĒ was entered in Rís district court case. DAG review notes that Bureau records show R was first licensed as an NT in 1996, and her license expired in 2002 and was not renewed. Rís renewal rights expired in 2007 and the Board no longer has jurisdiction over Respondent. Based on DAG review and recommendation for closure, IBOL recommends the Board authorize closure as R will need to re-apply for licensure to become licensed again in Idaho.
I-COS-2009-21 C alleged R clipped Cís cuticles too short, causing bleeding on 4 fingers. INV revealed R contends Cís cuticles were dry and cracked, and the bleeding was caused by buffing. IBOL requests the Board provide direction on whether causing dry and cracked cuticles to bleed by buffing constitutes incompetency or malpractice?
I-COS-2009-43 and I-COS-2009-44 C alleged Rís establishment was unsanitary. The investigator conducted an inspection of the facility which resulted in an ďAĒ card. IBOL recommends the Board authorize closure.
I-COS-2009-57 and I-COS-2009-58 C alleged Rís recordkeeping is bad and R lost Cís school records. C states that she was terminated from the school due to slander. INV revealed R had all of Cís records and C was terminated, after repeated disciplinary action, because of major violations of the schoolís rules and policies. IBOL recommends the Board authorize closure.
I-COS-2009-61 C alleged R is not operating Rís salon according to city ordinances and that R failed to obtain appropriate permits for the building. INV revealed Rís facility license was approved and R later found out the building in which the facility was located did not have a permit from the city. R worked closely with the city to keep the facility open until R found another building in which to operate her facility. IBOL recommends the Board authorize closure.
I-COS-2009-73 and I-COS-2009-74 C alleged R used a dirty comb on C and did not sanitize the comb. INV revealed the comb was discolored but was not dirty. The investigator inspected the salon and the salon received an A classification. IBOL recommends the Board authorize closure.
I-COS-2009-80 C alleged R dug the clipper into Cís head and neck area during a hair cut, causing pain and redness. C allegedly asked R a few times to ďlighten up on the roughness.Ē C states that R did not apologize and gave C a very bad hair cut. C states he asked for Rís license and R would not provide it. INV revealed this is a ďhe said-she saidĒ scenario. To resolve the matter, however, C did receive a complete refund and additional payment to cover the cost that C stated it cost him to fix the problem. IBOL recommends the Board authorize closure.
I-COS-2009-88 and I-COS-2009-89 C alleged R is allowing unlicensed COS practice in their salon. INV revealed no violations of the COS laws or rules but possible violation of labor laws. IBOL recommends the Board authorize closure and the forwarding of this case to the Idaho State Tax Commission and the Idaho Industrial Commission.
I-COS-2009-93 R received a ďCĒ card classification during inspection. INV revealed the follow-up inspection resulted in an ďAĒ classification and the facility is now in compliance. IBOL recommends the Board authorize closure.
I-COS-2009-96 C alleged R will not release Cís attendance hours until C signs another contract. According to C, R states that R has lost the previous contract and that is why C needs to sign another one. C also states R would write checks from Rís personal account to pay Cís financial aid. INV revealed the school has since ceased operating after losing federal funding, is out of business, and Cís complaint is a civil matter. IBOL recommends the Board authorize closure.
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Last Modified - October 02, 2009