STATE OF VERMONT SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION BOARD OF BARBERS AND COSMETOLOGISTS

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1 OFFICE OF PROFESSIONAL REGULATION BOARD OF BARBERS AND COSMETOLOGISTS IN RE: TAM MINH VU Li(:ense No Docket No: CO STIPULATION AND CONSENT ORDER NOW COMES the State ofvennont through State Robert H. Bal~kus and the Respondent in person and enter into the following stipulation and consent ordler. Board Authority 1. The Vermont Board of Barbers and Cosmetologists has jurisdiction to investigate and adjudicate allegations of unprofessional conduct pursuant to 3 V.S.A. 129 and 129a; 26 V.~;.A. Chapter 6; the Rules of the Board of Barbers and Cosmetologists ("RBBC"; and the: Rules of the. Facts 2. Respondent, Tam Minh Vu, is licensed in the State ofvennont as a Manicurist under lict~nse number This license was originally issued on or about April 28, 2006 and is currently set to expire on November 30, On May 3,2006 Respondent was observed by an investigator for the providing a pedicure to a client at the premises of K&N Nails in Br;ittleboro. At the time the shop was not licensed. Charges 5. By practicing in an unlicensed shop in violation of26 V.S~A. 282(b Respondent has c01mmitted unprofessional conduct in violation of3 V.S.A. 129a(3: "[lr]he following conduct by a licensee constitutes unprofessional conduct. When that COJt1duct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action. Anyone of the following items, or any combination of items, whether or not the conduct at issue was committed within or outside the state, shall constitute unprofessional conduct: (3:1 Failing to comply with provisions of federal or state statutes or rules governing the practice of the profession." 1

2 Understandings 1. The parties understand that the terms of this Stipulation and Consent Order are contingent upon review and acceptance by the Board and that if the Board rejects any portion the entire Stipulation and Consent Order shall be null and void. 2. The Respondent has read and reviewed this document fully and agrees that it contains the entire agreement between the parties. 3. This Stipulation and Consent Order is entered into voluntarily by the Respondent after the opportunity to consult with legal counsel. The Respondent has not been coerced by anyone into signing this Stipulation and Consent Order. 4. The Respondent is voluntarily waiving any right to a contested hearing before the Board. 5. The Respondent waives any right to appeal from the consent order entered pursuant to this Stipulation and Consent Order. 6. Respondent waives any claim that notice was insufficient in this case and asserts that it is his desire to resolve this matter today without any delay. 7.. Respondent agrees that the Board may enter the Order set out below. CONSENT ORDER ~C I C ~ C 8. Based upon the above stipulation, it is ORDERED AND ADJUDGED as follows: a Respondent has committed unprofessional conduct as alleged. b Respondent's license is warned. c An administrative penalty of two hundred fifty dollars ($ is imposed. d The penalty shall be paid within one hundred twenty (120 days from the entry of this order. 9. This Stipulation and Consent Order is a matter of public record. 10. This Stipulation and Consent Order will remain part of the Respondent's licensing file and may be considered in any future disciplinary matter. 2

3 11. A violation of this order may be unprofessional conduct and grounds for disciplinary action..agreedto: B.""'" ~ y. ".or VV\J A r-t1v ;.o.-- Tam~nh Vu - Respondent.APPROVED AND SO ORDERED: VERMONT BOARD OF BARBERS AND COSMETOLOGISTS Dated: ~-/~- OLD Chair Entered: ti!/~/{(.., 3

4 OFFICE OF PROFESSIONAL REGULATION BOARD OF BARBERS AND COSMETOLOGISTS IN RE: T j\m MINH VU License No Docket No: CO30-0S06 SPECIFICATION OF CHARGES ~--~ NOW COMES the State ofvennont through State Robert H. Backus and alleges as follows: Board Authority I. The VenIlont Board of Barbers and Cosmetologists has jurisdiction to investigate and aqjudicate allegations of unprofessional conduct pursuant to 3 V.S.A. 129 and 129a; 26 V.S.A. Chapter 6; the Rules of the Board of Barbers and Cosmetologists ("RBBC"; and the RIlles of the. Facts 2. Respondent, Tam Minh Vu, is licensed in the State ofvennont as a Manicurist under license number This license was originally issued on or about April 28, 2006 and is currently set to expire on November 30, On May 3,2006 Respondent was observed by an investigator for the Prlofessional Regulation providing a pedicure to a client at the premises ofk&n Nails in Brattleboro. At the time the shop was not licensed. Charges 5. By practicing in an unlicensed shop in violation of 26 V.S.A. 282(b Respondent has committed unprofessional conduct in violation of 3 V.S.A. 129a(3: "[T]he following conduct by a licensee constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license or other disciplinary action. Anyone of the following items, or any combination of items, whether or not the conduct at issue was committed within or outside the state, shall constitute unprofessional conduct: (3:1 Failing to comply with provisions of federal or state statutes or rules governing the pr:lctice of the profession." 1

5 Relief Requested WHEREFORE, the license of Tam MinhVu should be revoked, suspended, reprimanded, conditioned or othelwise disciplined. By: Robert H. Backus State ~ 2