) ) ) STIPULATION AND CONSENT ORDER STIPULATION. Facts

Transcription

1 SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION BOARD OF BARBERS AND COSMETOLOGISTS IN RE: STEPHEN GIRARD TA V AGLIONE License No Docket No: CO STIPULATION AND CONSENT ORDER STIPULATION NOW COMES the State ofvennont, through State Prosecuting Attorney, Robert H. BackUs, and Respondent Stephen Girard Tavaglione, whp stipulate and agree as follows:! Board Authority 1 The Vermont Board of Barbers and Cosmetologists (the "Board" has iurisdiction to investigate and adjudicate allegations of unprofessional conduct pursuant to 3 V.S.A. 129 and 129a; 26 V.S.A. 276; and the Boar~ of Barbers and Cosmetologists Rules..I Facts 2 The Respondent is licensed by the State ofvemlont as a cosmetologist under ncense number The Respondent's license was originally issued on April 15, Respondent's license is currently conditioned pursuant to a Stipulation and Consent Order entered on April 15, (See Attachment A. 5 The Respondent has not completed the conditions set forth in section I.(b 1. of the Order within the required one year period. Therefore, the Respondent is in violation of the Order. Prosecuting Attorney Office of Professional Regulation Montpelier, VT Charges 6 The above acts, omissions and/or circumstances described above, constitute grounds for discipline because Respondent violated: (i 3 V.S.A. 129a(a(4 (Failing to comply with an order of the board or violating any term or condition of a license restricted by the board.

2 Understandings 7 Respondentunderstands that the Board of Barbers and Cosmetologists must review and accept the terms of the Consent Order. If the Board rejects any portion, the entire Stipulation and Consent Order shall be null and void. I 8 Respondent specifically waives any claims that any disclosures made to the full Board during its review of this agreement have prejudiced his rights to a fair and impartial hearing in future hearings if this agreement is not accepted by the Board. 9 Respondent has read and reviewed this entire document and agrees that it contains the entire agreement between the parties. 10 Respondent is not under the influence of any drugs or alcohol at the time he signs this Stipulation and Consent Order. 11 Respondent voluntarily enters into this agreement after the opportunity to consult with legal counsel and is not being coerced by anyone into signing this Stipulation and Consent Order. 12 Respondent v9luntarily waives his right to charges and a contested hearing before the Board of Barbers and Cosmetologists. 13 Respondent agrees that the State has sufficient evidence for the Board to find that Respondent has engaged in unprofessional conduct and that the Order set forth below may be entered by the Board. ORDER Based on the Stipulation above, it is ORDERED AND ADJUDGED as follows: A. The Respondent's conduct described in the paragraphs above, taken alone, together or in any combination, constitutes unprofessional conduct in that the Respondent has violated: Prosecuting Attorney Office of Professional Regulation Montpelier, VT (i 3 V.S.A. 129a(a(4 (Failing to comply with an order of the board or violating any term or condition of a license restricted by the board. B. The Board of Barbers and Cosmetologists hereby REPRIMANDS the Respondent's license to practice cosmetology. Additionally, the Board hereby SUSPENDS the Respondent's license to practice cosmetology FOR A PERIOD OF TWO (2 WEEKS from the date of entry of this Consent Order. Further, the Board requires the following:

3 ~~~01 (1 The Respondent shall immediately stop using any pamphlet that indicates a relationship with the Board, beyond being licensed. Further, the Respondent is specifically prohibited from using the pamphlet attached to this Stipulation and Consent Order. (2 Respondent must retake and receive a passing grade on the Laws and,rules Exam. This exam must be completed within ninety (90 days of the date of entry of this Stipulation and Consent Order. (3 Respondent must pay an administrative penalty of ONE THOUSAND DOLLARS ($1,000. This fme is to be paid within ninety (90,days of the date of entry of this Stipulation and Consent Order C. Failure to timely comply with the requirements above shall be grounds for further disciplinary action. D. NotWithstanding any provision above, the Respondent must continue to meet all Board of Barbers and Cosmetologists requirements for maintaining a license, license renewal and license reinstatement. E. This Stipulation and Consent Order is a matter of public record and may be reported to other licensing authorities as provided in 3 V.S.A. 129(a. F. This Stipulation and Consent Order will remain part of Respondent's licensing file and may be used for purposes of determining sanctions in any future disciplinary matter. AGREED TO: I Dated: Prosecuting Attorney Office of Professional Regulation Montpelier, VT 05602

4 APPROVED AND SO ORDERED: VERMONT BOARD Of' BARBERS AND COSMETOLOGISTS co. tavaglione.stip Prosecuting Attorney Office of Professional Regulation Montpelier, VT 05602

5 , BOARD OF BARBERS ANCI COSMETOLOGISTS IN RE: STEPHEN GIRARD T A V AGLlONE7 Applicant Docket No: CO The Respondent, Stephen Tavaglione, and the State of Vermont, by its Attorney General, William H. Sorrell, stipulate to the sta.tements of Board Authority, Facts and Understandings set forth below and agree to the entry of the following Consent Order by the Vermont State Board of Barbers and Co$metologists as a final order in this matter. Board Authority cosmetology licenses and cosmetolog!sts, and, to approve consent orders entered by the parties pursuant to 3 V.S.A. 129; 26 V.S.A. 276; and the Board of Barbers and Cosmetologists Rules (hereinafter "Rules'. 2 Failing to comply with provisions of federal lor state statutes or rules governing the practice of the profession is unprofessional conduct upon which the Board may take disciplinary action. 3 V.S.A. 129a(a(3. unprofessional conduct upon which the BOElrd may take disciplinary action. 26 V.S.A. 288(1. Office of the ATTORNEY GENERAL 109 State Street Montpelier, VT 056D9 Facts 4 Respondent, Stephen Tavaglione, applied for licensure as a cosmetologist on January 23, Upon belief, Respondent has twenty six years experience as a cosmetologist in 1 ~hmenf" A

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7 counsel before signing this document. Consent Order (1 The "Facts" listed above are true; and (2 The Respondent has engaged in unprofessional conduct in that the Respondent has: (a Failed to comply with provisions of f,ederal or state statutes or rules Office of the ATTORNEY GENERAL 109 State Street Montpelier, VT V.S.A. 288{1. 3

8 2. L. 1. Based on the above stipulation and on the above Findings and Conclusions of this Board, it is ORDERED as follows: (a The Board hereby CONDInONS AND REPRIMANDS Respondent's license (b The CONDmONS on Respondent~s licertse would be as follows: 1. Respondent shall successfully complete the following within one (1 year of the entry oftbis order: i Respondent shall present a lecture, as speaker, to three (3 vocational programs concentrating on the practice of cosmetology, and, present a lecture; as speaker, to one (1 cosmetology school. The lecture shall concern violations of the State laws and rules concerning the practice of the profession and discipline by the Board; ii The Board must approve the subject matter and outline of the lecture prior to the Respondent receiving credit for the lecture; and iii The Board must approve all school(s and/or program(s prior to Respondent receiving credit for the lecture. Respondent shall provide a copy of this stipulation and consent order to all employers while these conditions are in effect.. J.. Failure to complete the conditions within one (1 year from the entry of this order shall be grounds for further disciplinary action againsthe Respondent. K. Notwithstanding any provision above, Respondent must meet all Board of Barbers and Cosmetologists requirements for license renewal and license reinstatement. This Stiuulation and Consent Order is a matter of public record and may be reported to other licensing authorities as provided in 3 V.S.A. l29(a 4.

9 M. this Stip;ulation and Consent Order will remain part of the Respondent's licensing file and may be used in determining sanctions in future disciplinary matters. AGREED TO: Date: ~~t-- (S-2 ~( ANDRY: WILLIAM H. SORRELL ATTORNEY GENERAL Date: L{ / {51'0'"Z.. ~~~ George C. Haegele N Assistant Attorney General Date: If, I, ~ -o?'---,!{ ""-"" Date entered: 4/15/02 s

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11 SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION; BOARD OF BARBERS AND COSMETOLOGISTS i IN RE: STEPHEN GIRARD TA V AGLIONE License No , Docket No: CO SPECIFICATION OF CHARGES --~ NOW COMES the State ofvennont and makes the following Charges against the Respondent, Stephen Girard Tavaglione: Board Authority 1 The Vennont Board of Barbers and Cosmetologists (the "Board" has jurisdiction to investigate and adjudicate allegations of unprofessional conduct pursuant to 3 V.S.A. 129 and 129a; 26 V.S.A. 276; and the Board of Barbers and Cosmetologists Rules. Facts 2 The Respondent is licensed by the State of Vermont as a cosmetologist under license number The Respondent's license was originally issued on April 15, Respondent's license is currently conditioned pursuanto a Stipulation and Consent Order entered on April 15, (See Attachment A. 5 The Respondent has not completed the conditions set forth in section I.(b 1. of the Order within the required one year period. Therefore, the Respondent is in violation of the Order. Charges 6 The above acts, omissions and/or circumstances described above, constitute grounds for discipline because Respondent violated: (i 3 V.S.A. 129a(a(4 (Failing to comply with an order of the board or violating any term or condition of a license restricted by the board. Relief Requested Prosecuting Attorney Office of Professional Regulation Montpelier, VT WHEREFORE, the license of Stephen Girard Tavaglione should be revoked, suspended, reprimanded, conditioned or otherwise disciplined.

12 ~hoo4. By: KOOert H.'BacKUs State Prosecuting co. tavaglione.soc Prosecuting Attorney Office of Professional Regulation Montpelier, VT 05602

13 BOARD OF BARBERS ANC~ COSMETOLOGISTS IN RE: STEPHEN GIRARD TAVAGLIONE, Applicant Docket No: CO 14~O102 Board Authority V.S.A. 288(1. Office of the ATTORNEY GENERAL 109 State Street Montpelier, VT January 23, Facts 1 ~h(v\en+- A

14 license.. Charg~! pursuant to: 288(1. Understandings Office of the ATrORNEY GENERAL 109 State Street Montpelier, VT review and accept the terms of the Order siet forth below and that if the Board rejects all or any portion of the Order, then this entire document shall be null and void. 2

15 document is being signed. counsel before signing this document. Board of Barbers and Cosmetologists. Consent Order H. Based on the above stipulations, it is ADJ.~DGED as follows: (1 The "Facts" listed above are true; and (2 The Respondent has engaged in unpro1:essional conduct in that the Respondent has: (a Failed to comply with provisions of fe~deral or state statutes or rules Office of the ATTORNEY GENERAL 109 State Street Montpelier, VT (b Practicing qr offering to practice beyond the scope permitted by law. 26 V.S.A. 288(1. 3

16 2. K. L. 1. (a (b The CONDITIONS on Respondent's license would be as follows: 1 Respondent shall successfully complete the following within one (1 year of the entry of this order: i Respondent shall present a lecture, as speaker, to three (3 vocational programs concentrating on the practice of cosmetology, and, present a lecture, as speaker, to one (1 cosmetology school. The lecture shall concern violations of the State laws and rules concerning the practice of the profession and discipline by the Board; ii The Board must approve the subject matter and outline of the lecture prior to the Respondent receiving credit for the lecture; and iii The Board must approve all school(s and/or program(s prior to Respondent receiving credit for the lecture. Respondent shall provide a copy of this stipulation and consent order to all employers while these conditions are in effect.. J. Failure to complete the conditions within one (1 year from the entry of this order shall be grounds for further disciplinary action againsthe Respondent. Notwithstanding any provision above, Respondent must meet all Board of Barbers and Cosmetologists requirements for license renewal and license reinstatement. This Stipulation and Consent Order is a matter of public record and may be reported to other licensing authorities as provided in 3 V.S.A. 129(a 4

17 M. this Stip;ulation and Consent Order will remain part of the Respondent's licensing file and may be used in determining sanctions in future disciplinary matters. AGREED TO: Date: ~."- (S- ~( AND BY: WILLIAM H. SORRELL ATTORNEY GENERAL Date: L{ /r~~ a"'t~~ George C. Haegele IV Assistant Attorney General Date: If~J, -0 '?;..- - Date entered: 4/15/02 5