IDAHO BOARD OF COSMETOLOGY

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 6/2/2008

 

 

BOARD MEMBERS PRESENT:  Eric Negaard - Chair

                                                             Joan (Joni) Huff

                                                             Mary Lambert

                                                             Bonnie Darlene Sermon

                                                             Mildred Hill Herbold

                                                           

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Dawn Hall, Deputy Bureau Chief

                                                            Dave Hotchkiss, Hearing/Appeals Technician

                                                            Roger Hales, Administrative Attorney

                                                            Emily Mac Master, Deputy Attorney General

Kim Aksamit, Technical Records Specialist I

                                                           

 

OTHERS PRESENT:                     Kim Barton

                                                            Ronda Hansen

                                                            Jeni Giles

                                                            Linda Mottishaw

                                                            Grant Gardner          

                                                            Marvin Gardner

                                                            Ryan Evans

                                                            Rick Evans

                                                            Ty Walker

                                                            George Brunt

                                                            Mindy Isom

                                                            Andrea Morton

                                                            Susan Plagge

                                                            Leslie Brunt

                                                            EB Scholes, Jr

                                                            Nancy Roland

                                                            Tyler Price

                                                            Peggy Foster

                                                            Ronda Clark

                                                           

LaDonn Goodfellow

                                                            Rick Fuger

                                   

Meeting was called to order at 8:30 AM MDT by Eric Negaard.

 

ORAL ARGUMENT

 

An oral argument was presented to the Board in COS-2006-13 and 14.

 

A motion was made by Ms. Lambert to take the matter under advisement.  Seconded by Ms. Huff, motion carried.

 

APPROVAL OF MINUTES

 

A motion was made by Ms. Hill Herbold to accept the minutes from February 04, 2008.  Seconded by Ms. Lambert, motion carried.

 

A motion was made by Ms. Huff to accept the minutes from March 14, 2008.  Seconded by Ms. Lambert, motion carried.

 

A motion was made by Ms. Lambert to accept the minutes from April 10, 2008.  Seconded by Ms. Huff, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory presented the legislative report.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report.

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss presented the investigative report.

 

Fiscal year 2008: To date, Eighty-one (81) complaints were received. Of those, twelve (12) are waiting board action; thirty five (35) are pending legal review by the Office of the Attorney General; twenty six (26) remain under investigation; and eight (8) await Board determination.

 

Fiscal year 2007: Sixty-five (65) complaints were received. Of those, thirty-two (32) were closed by Board action; fourteen (14) were closed following disciplinary action; seven (7) are pending legal review by the Office of the Attorney General; nine (9) remain under investigation; and three (3) await Board determination.

  

Fiscal year 2006: Eighty-four (84) complaints were received. Of those, forty-seven (47) were closed by Board action; twenty-nine (29) were closed following disciplinary action; two (2) are pending legal review by the Office of the Attorney General; two (2) remain under investigation; and four (4) await Board determination.

 

Fiscal year 2005: Sixty-four (64) complaints were received. Of those, thirty-six (36) were closed by Board action; twenty-two (22) were closed following disciplinary action; four (4) are pending legal review by the Office of the Attorney General; and two (2) remain under investigation.

 

Fiscal year 2004: Seventy-three (73) complaints were received. Of those, forty-five (45) were closed by Board action; twenty-five (25) were closed following disciplinary action; and three (3) are pending legal review by the Office of the Attorney General.

 

Fiscal year 2003: Fifty-eight (58) complaints were received. Of those, thirty-nine (39) were closed by Board action; eighteen (18) were closed following disciplinary action; and one (1) is pending legal review by the Office of the Attorney General.

 

DISCIPLINARY ACTION

 

Emily Mac Master, Deputy Attorney General, presented a memorandum to the Board and several consent orders.  Each matter was discussed separately and the following motions were made: 

 

COS-2008-11: The Board gave the Attorney Generalís Office guidance to move forward regarding appropriate sanctions for discipline.

 

COS-2008-12: The Board gave the Attorney Generalís Office guidance to move forward regarding appropriate sanctions for discipline.

 

COS-2008-30:  A motion was made by Ms. Lambert to close the case because the law does not currently regulate this procedure.  Seconded by Ms. Huff, motion carried.

 

FOR BOARD DETERMINATION

 

I-COS-2006-22: A motion was made by Ms. Huff to accept the recommendation of the Bureau to authorize closure, with an advisory letter.  Seconded by Ms. Hill Herbold, motion carried

  

I-COS-20026-23: A motion was made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure.  Seconded by Ms. Sermon, motion carried.

 

I-COS-2006-52: A motion was made by Ms. Hill Herbold to accept the recommendation of the Bureau to authorize closure with an advisory letter.  Seconded by Ms. Huff, motion carried.

 

I-COS-2006-54: A motion was made by Ms. Huff to accept the recommendation of the Bureau to authorize closure.  Seconded by Ms. Lambert, motion carried.  

I-COS-2007-18: A motion was made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure.  Seconded by Ms. Huff, motion carried.

I-COS-2007-35: A motion was made by Ms. Huff to accept the recommendation of the Bureau to authorize closure.  Seconded by Ms. Sermon, motion carried.

 

I-COS-2007-36: A motion was made by Ms. Hill Herbold to accept the recommendation of the Bureau to authorize closure.  Seconded by Ms. Lambert, motion carried.

 

I-COS-2008-5: A motion was made by Ms. Lambert to accept the recommendation of the Bureau to authorize closure.  Seconded by Ms. Huff, motion carried.

 

I-COS-2008-24: A motion was made by Ms. Huff to accept the recommendation of the Bureau to authorize closure.  Seconded by Ms. Lambert, motion carried.

 

I-COS-2008-25: A motion was made by Ms. Huff to accept the recommendation of the Bureau to authorize closure.  Seconded by Ms. Lambert, motion carried.

 

I-COS-2008-26: A motion was made by Ms. Sermon to accept the recommendation of the Bureau to authorize closure.  Seconded by Ms. Lambert, motion carried.

 

I-COS-2008-27: A motion was made by Ms. Huff to accept the recommendation of the Bureau to authorize closure.  Seconded by Ms. Lambert, motion carried.

 

I-COS-2008-33: A motion was made by Ms. Hill Herbold to accept the recommendation of the Bureau to authorize closure.  Seconded by Ms. Lambert, motion carried.

 

I-COS-2008-46: A motion was made by Ms. Huff to accept the recommendation of the Bureau to authorize closure.  Seconded by Ms. Lambert, motion carried.

 

I-COS-2008-63: A motion was made by Ms. Hill Herbold to accept the recommendation of the Bureau to authorize closure with a warning letter to the respondent regarding ensuring each student is registered.  Seconded by Ms. Lambert, motion carried.

 

DEMONSTRATION PERMITS

 

Discussion was held regarding demonstration permits.

A motion was made by Ms. Lambert to form a committee of Ms. Huff and Ms. Hill Herbold to meet with the Bureau to review the process on demonstration permits.

 

BOARD NOMINATIONS

 

Nomination was made by Ms. Huff that Mr. Negaard hold the position of Chair.  Seconded by Ms. Lambert, motion carried.

Nomination was made by Ms. Hill Herbold that Ms. Lambert hold the position of Vice Chair.  Seconded by Ms. Sermon, motion carried.

Nomination was made by Ms. Lambert that Ms. Sermon hold the position of Secretary.  Seconded by Ms. Huff, motion carried.

 

RULE AND LAW DISCUSSION

 

Discussion was held regarding whether cosmetologists should be tested on nails and esthetics and no action was taken.

Idaho State University requested public information of nail technicians to be sent to them regarding expired licensees that are no longer renewable and do not appear on the web search.  The Board approved the request.

Discussion was held regarding the administration of the law and rule examination.  No action was taken at this time.

Discussion was held regarding school reports processed by DL Roope.  The Board decided the reporting process was between the applicant and DL Roope.

  

EXAMS

 

Discussion was held regarding the exam to be held in Spokane rather than Post Falls and the Board decided to keep the exam in Post Falls.  A letter is to be sent to DL Roope.

Discussion was held in regard to allowing an individual to take the exam before completion of hours and the Board determined that the Board does not need to give approval for exam therefore it is at DL Roopeís discretion.

 

SCHOOL OWNERS ASSOCIATION

 

The School Owners Association had nothing to present to the Board.

A motion was made by Ms. Lambert to direct the Bureau to make the fee rule changes consistent with the schedule that would result in an overall fee reduction of $82,000.00.  Seconded by Ms. Huff, motion carried.  Ms. Hill Herbold voted nay. 

 

NEW BUSINESS

 

Misty DeVall addressed the Board regarding mobile spas and the Board took it under advisement.

 

EXECUTIVE SESSION

 

A motion was made by Ms. Huff to go into executive session  pending litigation with counsel per Idaho Code 67-2345 (1)(f).  Seconded by Ms. Lambert, motion carried.  Individual vote was: Ms. Sermon, aye; Ms. Lambert, aye; Ms. Huff, aye; and Ms. Hill Herbold, aye.

 

A motion was made by Ms. Lambert to come out of executive session.  Seconded by Ms. Sermon, motion carried. Individual vote was: Ms. Huff, aye; Ms. Sermon, aye; Ms. Lambert, aye and Ms. Hill Herbold, aye.

 

NEW BUSINESS

 

Discussion was held regarding proposed rules. Mr. Negaard stepped out of the room and turned the meeting over to Ms. Lambert. When Mr. Negaard returned to the room, Ms. Lambert turned the meeting back over to him.  Rules discussed were reducing fees, and adjusting rules to accommodate the new laws that became effective July 1, 2008 regarding examinations and student registrations. 

  

Motion made by Ms. Hill Herbold to accept the changes to the rules as presented.  Seconded by Ms. Sermon, motion carried.

 

ORAL ARGUMENT

 

COS-2006-13 and 14: Motion made by Ms. Hill Herbold that the Board suspend the establishment license for two days, impose a fine of $1000 for each infraction, suspend the instructorís license for one year, issue a Nail Technology license, require payment of all cost and attorney fees, and adopt the hearing officers findings of facts. Seconded by Ms. Sermon, motion carried. Ms. Huff, nay.

 

Break for Lunch

 

Meeting was called back in session at 3:00.

 

EXECUTIVE SESSION

 

 A motion was made by Ms. Lambert to go into executive session per Idaho Code 67-2345 (1) (d), to consider records that are exempt from disclosure.  Seconded by Ms. Sermon, motion carried.  Individual vote was: Ms. Sermon, aye; Ms. Huff, aye; Ms. Hill Herbold, aye; and Ms. Lambert, aye.

 

A motion was made by Ms. Sermon to come out of executive session.  Seconded by Ms. Lambert, motion carried.  Individual vote was: Ms. Sermon, aye; Ms. Huff, aye; Ms. Hill Herbold, aye; and Ms. Lambert, aye.

 

APPLICATIONS

 

A motion was made by Ms. Lambert to accept the haircutting curriculum for D & L Academy.  Seconded by Ms. Huff, motion carried. 

 

A motion was made by Ms. Hill Herbold to accept the student instructor training program for Austin Kade Academy.  Seconded by Ms. Lambert, motion carried.

 

A motion was made by Ms. Sermon to accept the electrology curriculum for Oliver Findley.  Seconded by Ms. Hill Herbold, motion carried.

 

A motion was made by Ms. Lambert to allow 44 Blue productions to obtain a demonstration permit for a production of a reality TV show.  Seconded by Ms. Sermon, motion carried.

 

A motion was made by Ms. Hill Herbold that the Board approve the list of licenses to facilities.  Seconded by Ms. Lambert, motion carried.  

 

EXECUTIVE SESSION

 

A motion was made by Ms. Huff to go into executive session per Idaho Code 67-2345 (1)(d), to consider records that are exempt from disclosure.  Seconded by Ms. Lambert, motion carried. Individual vote was: Ms. Sermon, aye; Ms. Lambert, aye; Ms. Huff, aye; and Ms. Hill Herbold, aye.

 

A motion was made by Ms. Lambert to come out of executive session.  Seconded by Ms. Sermon, motion carried.  Individual vote was: Ms. Sermon, aye; and Ms. Lambert, aye; Ms. Huff, aye; and Ms. Hill Herbold, aye.

 

Motion made by Ms. Hill Herbold to accept the apprenticeship program for Rosy Nails.  Seconded by Ms. Lambert, motion carried.

 

A motion was made by Ms. Hill Herbold to hold the application for apprenticeship for Dolce Vita Spa until the Bureau receives a break down of hours for the curriculum.  Seconded by Ms. Sermon, motion carried.

 

A motion was made by Ms. Lambert to direct the Bureau to draft a follow up letter to Misty DeVall.  Seconded by Ms. Huff, motion carried.

 

CONVENTION

 

A motion was made by Ms. Huff to have the Board approve all travel expenses for the NIC National Convention in Jackson Hole, Wyoming for rental car, hotel, travel day, air fare, and honorarium.  Seconded by Ms. Lambert, motion carried.  

 

NEW BUSINESS

 

A motion was made by Ms. Sermon to have the Board seek having the 2010 NIC National Convention held in Coeur díAlene.  Seconded by Ms. Lambert, motion carried.

 

The Board requested that the Bureau follow-up with Ms. DeVall and invite her to the next meeting to continue discussion on mobile spas.

 

NEXT MEETING

 

The Board scheduled their next meeting for October 6th, 2008 at 8:30 AM MDT

 at the Bureau of Occupational Licenses.

   

ADJOURN

 

A motion was made by Ms. Sermon to adjourn the meeting at 4:12 PM MDT.  Seconded by Ms. Huff, motion carried.  Individual vote was: Ms. Sermon, aye; Ms. Lambert, aye; Ms. Huff, aye; and Ms. Hill Herbold, aye.