BEFORE THE IOWA BOARD OF COSMETOLOGY ARTS AND SCIENCES

Transcription

1 BEFORE THE IOWA BOARD OF COSMETOLOGY ARTS AND SCIENCES IN THE MATTER OF: ) Case No LA Nails and Spa License No ) and ) Tommy Bao Nguyen, owner ) License No ) ) STIPULATION AND and ) CONSENT ORDER Marie Y Huynh, owner ) License No ) j Respondents. > Pursuant to Iowa Code 17A.10 and 272C.3(4) (2013), and 645 Iowa Administrative Code 12.1, the Iowa Board of Cosmetology Arts and Sciences (hereinafter, "Board"), and Tommy Bao Nguyen, Marie Y Huynh, and LA Nails and Spa (hereinafter, "Respondents"), enter into the following Stipulation and Consent Order settling a disciplinary proceeding pending before the Board. Allegations specified in a Statement of Charges against Respondents shall be resolved without proceeding to hearing, as the Board and Respondent stipulate as follows: 1. Respondent, Tommy Bao Nguyen, was issued individual Iowa Cosmetology license no (expires 03/31/2014) and shop license no (expires 12/31/2014). 2. Respondent, Marie Y Huynh, was issued individual Iowa Cosmetology license no (expires 03/31/2015) and shop license no (expires 12/31/2014).

2 3. The Board found probable cause to file charges on or about October 3,2011 and subsequently filed A Notice of Hearing and Statement of Charges against Respondents. 4. The Board has jurisdiction over the parties and jurisdiction over the subject matter of these proceedings. 5. Respondents chose not to contest the allegations set forth in the Notice of Hearing and Statement of Charges and acknowledge that the allegations, if proven in a contested case proceeding, would constitute grounds for the discipline described herein. 6. On the date of the Board's approval of this Stipulation and Consent Order, Tommy Bao Nguyen shall be assessed a civil penalty in the amount of $500 on his individual license, Marie Y Huynh shall be assessed a civil penalty in the amount of $500 on her individual license, and the LA Nails and Spa shall be assessed a civil penalty in the amount of $1,000 on its shop license. This civil penalty shall be paid within thirty (30) days from the Board's approval of this Stipulation and Consent Order, and shall be made payable to the Treasurer of Iowa and mailed to the administrator of the Board, Susan Reynolds, Bureau of Professional Licensure, Lucas State Office Building 5 th Floor, 321 E. 12 th, Des Moines, Iowa The civil penalty payment shall be deposited into the State of Iowa general fund. Respondent's licenses will not be renewed until all of the civil penalties assessed in this paragraph are paid in full. 7. By entering into this Order, Respondents voluntarily waive any right to a contested case hearing on the allegations contained in the Notice of Hearing and Statement of Charges and voluntarily waives any objections to the terms of this Order, including the right to appeal. 2

3 8. This Order is voluntarily submitted by Respondents to the Board for consideration. Respondents agree that counsel for the State may present this Order to the Board ex parte. 9. This Order is subject to approval of the Board. If the Board fails to approve this Order it shall be of no force or effect to either party. 10. This Order shall be part of the Respondents' permanent record and shall be considered by the Board in determining the nature and severity of any discipline to be imposed as a result of future disciplinary proceedings. 11. In the event Respondents violate or fail to comply with any of the terms of this Order, the Board may initiate action to revoke or suspend Respondents' license or to impose other licensee discipline in accordance with Iowa Code 272C.3(2). 12. Upon Board approval, this Order shall become a public record available for. inspection and copying. 13. The Board's approval of this Order shall constitute a FINAL ORDER. This Stipulation and Consent Order is voluntarily submitted by Respondents to the Board for its consideration. / Marie Y Hwnh, Respondent 3

4 Subscribed and sworn to before me by Respondents on thcx / day of June, 2013 AMY E. KNOLL COMMISSION NO MY COMMISSION EXPIRES September NOTARY PUBLIC IN AND FOR THE STATEfOF IOWA This Stipulation and Consent Order is accepted by the Iowa Board of Cosmetology Arts and Sciences on the $ day of JuS^S. cc: CHAIRPERSON^BOARD COSMETOLOGY/ARTS AND SCIENCE David M. Van Compernolle Assistant Attorney General Iowa Department of Justice Hoover State Office Building, 2 nd 1305 E. Walnut Des Moines, Iowa Tommy Nguyen 1302 Quail Ridge Rd. Cedar Falls, Iowa Floor Marie Y Huynh 1302 Quail Ridge Rd. Cedar Falls, Iowa LA Nails and Spa 1403 Flammang Dr. Waterloo, Iowa

5 BEFORE THE IOWA BOARD OF COSMETOLOGY ARTS & SCIENCES IN THE MATTER OF: ) ) CASE NO LA Nails and Spa ) License No ) NOTICE OF HEARING AND and ) STATEMENT OF CHARGES Tommy Bao Nguyen, owner, ) License No ) and ) Marie Y Huynh, owner, ) License No ) ) RESPONDENTS ) The Iowa Board of Cosmetology Arts and Sciences files this Notice of Hearing pursuant to Iowa Code 17A.12(2), 17A.18(3) (2013), and 645 Iowa Administrative Code (IAC) LA Nails and Spa was issued Iowa salon license no on February 2, 2011, and operated a salon located at 1403 Flammang Drive, Waterloo, Iowa Respondent-LA Nails and Spa license is current and will next expire on December 31, Respondents Tommy Bao Nguyen, co-owner of LA Nails and Spa, holds nail technician license no which next expires March 31, Marie Y Huynh co-owner of LA Nails and Spa, holds nail technician license no which next expires March 31, A. TIME, PLACE AND NATURE OF HEARING Hearing. A disciplinary contested case hearing shall be held on October 14, 2013, before the Board of Cosmetology Arts and Sciences. The hearing shall begin at 11:30 a.m. and shall be located in the Lucas State Office Building, Fifth Floor Conference Room 517/518, Des Moines, Iowa. 1

6 Answer. Within twenty (20) days of the date you are served this Notice of Hearing and Statement of Charges you are required by 645 IAC to file an Answer. The Answer should specifically admit, deny, or otherwise answer all allegations contained in sections C and D of this Notice of Hearing and Statement of Charges. Pleadings shall be filed with the Board at the following address: Board of Cosmetology Arts and Sciences, 5 th Floor, Lucas State Office Building, Des Moines, Iowa, Presiding Officer. The Board shall serve as presiding officer, but the Board may request an Administrative Law Judge make initial rulings on pre-hearing matters, and be present to assist and advise the board at hearing. Hearing Procedures. The procedural rules governing the conduct of the hearing are found at 641 IAC chapter 11. At hearing, you may appear personally or be represented by legal counsel at your own expense. You will be allowed the opportunity to respond to the charges against you, to produce evidence on your behalf on issues of material fact, cross-examine witnesses present at the hearing, and examine and respond to any documents introduced at hearing. If you need to request an alternative time or date for hearing, you must comply with the requirements of 645 IAC The hearing may be open to the public or closed to the public at your discretion. Pre-hearing Conference. Any party may request a pre-hearing conference to discuss evidentiary issues related to the hearing. The Board s rules regarding prehearing conferences are contained at 645 IAC Prosecution. The Office of the Attorney General is responsible for representing the public interest (the State of Iowa) in this proceeding. Copies of pleadings should be provided to counsel for the State at the following address: David VanCompernolle, 2

7 Assistant Attorney General, Iowa Attorney General s Office, 2 nd Floor, Hoover State Office Building, Des Moines, Iowa 50319, or at David.VanCompernolle@iowa.gov. Communications. You may not contact board members in any manner, including by phone, letter, or , about this Notice of Hearing and Statement of Charges. Board members may only receive information about the case when all parties have notice and an opportunity to participate, such as at the hearing or in pleadings you file with the Board office and serve upon all parties in the case. B. LEGAL AUTHORITY AND JURISDICTION Jurisdiction. The Board has jurisdiction in this matter pursuant to Iowa Code chapters 147, 157, and 272C (2013). Legal Authority. If any of the allegations against you are founded, the Board has authority to take disciplinary action against you under Iowa Code chapters 17A, 147, 157, and 272C (2013) and 645 IAC chapter 65. Default. If you fail to appear at the hearing, the Board may enter a default decision or proceed with the hearing and render a decision in your absence, in accordance with Iowa Code 17A.12(3) (2013) and 645 IAC C. CHARGES COUNT I UNSANITARY PRACTICES Respondents are charged under Iowa Code and 157.9, and 645 IAC 65.2(13), with engaging in unsanitary practices, in violation of Iowa Code (2013) and 645 IAC 63.13, 63.14, 63.15, and COUNT II FAILURE TO POST RULES Respondents are charged under Iowa Code and (2013), and 3

8 645 IAC 65.2(13), with failing to properly post a copy of the most recent sanitation rules and inspection report in the reception area at eye level in violation of 645 IAC COUNT III MMA ON PREMISES Respondents are charged under Iowa Code and (2013), and 645 IAC 65.2(13), with having a product containing liquid methyl methacrylate (MMA) on its premises in violation of 645 IAC 63.18(1). COUNT IV SUBVERTING AN INVESTIGATION Respondents are charged under Iowa Code and (2013), and 645 IAC 65.2(13), with engaging in conduct intended to subvert a Board investigation, in violation of 645 IAC 65.2(18). COUNT V EMPLOYMENT OF UNLICENSED INDIVIDUALS Respondents are charged under Iowa Code and (2013), and 645 IAC 65.2(13), with employing an unlicensed individual to provide services, in violation of 645 IAC 65.2(28). D. FACTUAL CIRCUMSTANCES On August 18, 2011, investigators inspected Respondents' salon and observed that current sanitation rules and inspection report were not posted at the front of the salon. Professional licenses were not posted within the reception area. Additionally, used nail buffers and other used nail supplies were stored throughout the salon, ready for re-use. Closed drawers contained pens, paper, 4

9 and calculators along with instruments. Plastic jars containing polish remover sponges were observed. Unlicensed employees were performing services that require a license. Testing revealed the presence of MMA in one sample of nail liquid obtained by the investigators. Salon owners acknowledged they attempted to bribe a state inspector with gift certificates. E. SETTLEMENT This matter may be resolved by settlement agreement. The procedural rules governing the Board s settlement process are found at 645 IAC Chapter 12. If you are interested in pursuing settlement of this matter, please contact David VanCompernolle, Assistant Attorney General, at , or at David.VanCompernolle@iowa.gov. F. PROBABLE CAUSE FINDING On October 3, 2011, the Iowa Board of Cosmetology Arts & Sciences found probable cause to file this Notice of Hearing and Statement of Charges., Chairperson IOWA BOARD OF COSMETOLOGY ARTS & SCIENCES Copies to: David VanCompernolle Assistant Attorney General 5

10 Iowa Attorney General s Office 2 nd Floor Hoover Bldg. Des Moines, IA Tommy Bao Nguyn Marie Yen Huynh LA Nails and Spa 1403 Flammang Drive Waterloo, IA