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Maine State seal

state of maine

Department of Professional

and Financial Regulation

BOARD OF BARBERING & COSMETOLOGY

35 state house station

augusta, maine

04333-0035

 

 

JOHN ELIAS BALDACCI

 

ANNE L. HEAD

GOVERNOR

 

DIRECTOR

Maine Board of Barbering and Cosmetology
Minutes of January 12, 2004 Board Meeting

CALL TO ORDER

Chairperson Shibles called the meeting to order at 9:03 a.m.

MEMBERS PRESENT

William Sandstead, Public Member

Donald Poulin, Barber Member

Debbie Elliott, Cosmetologist Member

Nancy Shibles, Instructor Cosmetologist, Chairperson

Thomas McGuern, School Owner

MEMBERS ABSENT

Lucinda Malbon, Aesthetician Member

Lorraine Whitten, Public Member

Lori Barker, Cosmetologist Member

Lisa Molnar, Manicurist Member

STAFF PRESENT

Cathleen Bitz, Board Clerk

Mary Ackerson, Sr. Compliance Inspector

Linda Harris, Compliance Inspector

Geraldine Betts, Administrator

Judith Peters, Assistant Attorney General

OLD BUSINESS

In a motion by Poulin, seconded by Malbon, to accept the minutes of November 17, 2003, as amended.  Motion carried.

NEW BUSINESS

  1. Election of Officers
    1. In a motion by Poulin, seconded by Sandstead, to elect Shibles as Chairperson for the Board.
    2. In a motion by Sandstead, seconded by Poulin, to elect Ackerson as the Complaint officer for the Board.
    3. In a motion by Elliott, seconded by Poulin, to elect Sandstead as the Vice Chairperson for the Board.
  2. Complaint Committee Report

    BCB 274, BCB 275, BCB 282 and BCB 349
    AAG Peters declined to just initiate doing a Consent Agreement for Criminal Conviction complaints and would prefer for the matters to be heard before the Board.

    In a motion by Elliott, seconded by Poulin, to offer a consent agreement that includes admission of violation of 32 MRSA § 14237 (2)(A), formal reprimand, $200.00 fine to be paid within 30 days, and agree to abide by all the laws and rules of the Board.  Motion carried. McGuern Recused from BCB 275.

    McGuern indicated that his schools have been emphasizing to the students the importance of correctly answering the criminal conviction question.  AAG Peters reaffirmed that it is still the responsibility of the student to answer the question correctly, not the school.  Ackerson indicated that there is a second Administrative Guidance Memorandum that Administrator Betts will be sending to schools on this topic. 

    BCB 276

    In a motion by Poulin, seconded by Elliott, to offer a consent agreement that includes admission of 32 MRSA §14237 (2)(H), formal reprimand, a fine of $100.00 to be paid within 30 days from signing the consent agreement, agree to abide by all laws and rules in the future.  Motion carried.

    BCB 277

    In a motion by Poulin, seconded by Elliott, to offer a consent agreement that includes admission of 32 MRSA §14237 (2)(H), formal reprimand, a fine of $100.00 to be paid within 30 days from signing the consent agreement, agree to abide by all laws and rules in the future.  Motion carried.

    BCB 278

    In a motion by Elliott, seconded by Sandstead, to offer a consent agreement that includes admission of 32 MRSA §14237 (2)(H), formal reprimand, a fine of $100.00 to be paid within 30 days from signing the consent agreement, agree to abide by all laws and rule in the future.   Motion carried.

    BCB 279

    In a motion by Poulin, seconded by Elliott, to offer a consent agreement that includes admission of 32 MRSA §14237 (2)(H), formal reprimand, a fine of $100.00 to be paid within 30 days from signing the consent agreement, agree to abide by all laws and rules in the future.  Motion carried.

    BCB 285
    In a motion by Elliott, seconded by Poulin, to offer a consent agreement that includes admission of 32 MRSA §14237 (2)(H), formal reprimand, a fine of $100.00 to be paid within 30 days from signing the consent agreement, agree to abide by all laws and rules in the future.  Motion carried.

    BCB 286

    In a motion by Elliott, seconded by Poulin, to offer a consent agreement that includes admission of 32 MRSA §14237 (2)(H), formal reprimand, a fine of $100.00 to be paid within 30 days from signing the consent agreement, agree to abide by all laws and rules in the future.  Motion carried.

    BCB 287

    In a motion by Elliott, seconded by Poulin, to offer a consent agreement that includes admission of 32 MRSA §14237 (2)(D), formal reprimand, a fine of $3000.00 to be paid within 30 days from signing the consent agreement, agree to abide by all laws and rules in the future.  Motion carried.

    BCB 288

    In a motion by Elliott, seconded by Poulin, to table this complaint for a follow-up inspection.  Motion carried.

    BCB 291

    In a motion by McGuern, seconded by Poulin, to dismiss this complaint for lack of violation of Board’s Laws and Rules.  Motion carried.

    BCB 232

    In a motion by Elliott, seconded by McGuern, to offer the original consent agreement, offering a payment plan, and if not accepted will be scheduled for a hearing.  Motion carried.

    BCB 243

    In a motion by Sandstead, seconded by Elliott, to dismiss with a letter of guidance to be held in the licensees file for 10 years.  Motion carried.

    BCB 242

    In a motion by Elliott, seconded by Poulin, to re-offer the original consent agreement or go to hearing.  Motion carried.

    BCB 191 and BCB 192

    In a motion by Elliott, seconded by McGuern, to deny the pending renewal with the alternative to enter into a consent agreement previously offered.  Motion carried.

    BCB 194 and BCB 210

    In a motion by Sandstead, seconded by Elliott, to accept the revised consent agreement.  Motion carried, Elliott opposed, McGuern Recused.

    BCB 260

    In a motion Sandstead, seconded by Elliott, to put cosmetology license on hold/non renew and table complaint until the licensee reapplies for licensure.  Motion carried.

  1. Board Action on Applications

    1. Renewal application for Debra Russell – CO6260
      In a motion by McGuern, seconded by Poulin, to preliminarily deny the renewal application with the alternative to enter into a consent agreement to include admission of violation of 32 MRSA § 14205, formal reprimand, $1500.00 fine to be paid within 30 days, and agree to abide by the laws and rules of the Board.  Failure to enter into consent agreement will result in denial of cosmetology license renewal.  Motion carried

       

    2. Renewal application for Tina Duchart – CO4045
      In a motion by Sandstead, seconded by Elliott, to preliminarily deny the renewal application with the alternative to enter into a consent agreement to include admission of violation of 32 MRSA § 14205, formal reprimand, $4500.00 fine to be paid within 30 days, and agree to abide by the laws and rules of the Board.  Failure to enter into consent agreement will result in denial of cosmetology license renewal.  Motion carried.

       

    3. Initial application for Angela Randolph
      In a motion by Sandstead, seconded by Poulin, to preliminarily deny the renewal application with the alternative to enter into a consent agreement to include admission of violation of 32 MRSA § 14205, formal reprimand, $1500.00 fine to be paid within 30 days, and agree to abide by the laws and rules of the Board.  Failure to enter into consent agreement will result in denial of cosmetology license.  Motion carried.

       

    4. Initial application for Corrine Sweet
      In a motion by Sandstead, seconded by Poulin, to preliminarily deny the renewal application with the alternative to enter into a consent agreement to include admission of violation of 32 MRSA § 14205, formal reprimand, $500.00 fine to be paid within 30 days, and agree to abide by the laws and rules of the Board.  Failure to enter into consent agreement will result in denial of cosmetology license.  Motion carried.

       

    5. Application for An Ngoc Tran
      In a motion by McGuern, seconded by Poulin, to put this license on hold/non-renewal for failure to respond to the consent agreement.  Motion carried.

       

    6. Renewal application for Valerie Lajoie – CO5172
      In a motion by Sandstead, seconded by Poulin, to preliminarily deny the renewal application with the alternative to enter into a consent agreement to include admission of violation of 32 MRSA § 14205, formal reprimand, $1500.00 fine to be paid within 30 days, and agree to abide by the laws and rules of the Board.  Failure to enter into consent agreement will result in denial of cosmetology license renewal.  Motion carried.

       

    7. Initial Establishment application for Marie Lane
      In a motion by Elliott, seconded by Poulin, to preliminarily deny the establishment application with the alternative to enter into a consent agreement to include admission of violation of 32 MRSA § 14205, formal reprimand, $500.00 fine to be paid within 30 days, and agree to abide by the laws and rules of the Board.  Failure to enter into consent agreement will result in denial of establishment license.  Motion carried.

       

  1. Continuing Education approval
    Capilo Institute – Using Technology in the Classroom (16 hours)
    In a motion by Elliott, seconded by Poulin, to approve Using Technology in the Classroom for 16 hours of continuing education.  Motion carried

     

  1. Program Administrator Report – Geraldine Betts

     

    1. Administrator Betts advised the Board that the department is in the process of migration of new licensing software.   There will be a merger of cosmetology and instructor licenses to indicate an authority to instruct on the individual practice license and the expiration date will be the furthest date and will allow additional time for the licensee to obtain continuing education if their practice license expires after the date of the instructor.  The same will be true for demonstrator licenses. We anticipate the new licenses to be printed indicating the authority in the near future.
    2. The Department is now on an audit system for continuing education.

       

  2. Annual NIC Region Meeting
    In a motion by Sandstead, seconded by Poulin, to send Elliott and Betts to the regional meeting in May.

     

  3. NIC Conference Report from Debbie Elliott

    Elliott provided handouts from the conference in Sacramento, California August 25, 2003, and indicated that the conference was very informative.     Ms. Elliott provided the Board with specific details on topic discussions, including numerous handouts and reading material.

     

     

There being no further business, McGuern motioned to adjourn at 12:06 p.m., seconded by Poulin.  Motion carried.

 

 

Last Updated: December 4, 2009

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