BOARD OF COSMETOLOGISTS MINUTES FEBRUARY 7 2011 A MEETING

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Board of Cosmetologists

Board of Cosmetologists Minutes _February 7, 2011



A meeting of the State Board of Cosmetologists was held on Monday, February 7, 2011 in the 2nd floor conference room, Department of Labor, Licensing and Regulation Building, 500 N Calvert Street, Baltimore, Maryland 21202.


The following members were in attendance:


Mr. Phillip Mazza, Chairman, Industry Member

Ms. Clairee Britt-Cockrum, Vice Chairman, Industry Member

Ms. Sharon Bunch, Consumer Member

Ms. Ellen Trujillo, Industry Member

Ms. Carmel Owens, Industry Member

Ms. Christina Roberts, Consumer Member


Also in attendance:


Mr. Robert Wood, Executive Director

Mr. Brian Logan, Assistant Executive Director

Mr. Bruce Spizler, Senior Assistant Attorney General


Not in attendance:


Ms. Maxine Sisserman, School Owner Member



Meeting was called to order


The meeting was called to order at 9:50 a.m. by Chairman Mr. Phillip S. Mazza.



Approval of Agenda


A motion was made by Ms. Bunch, and seconded by Ms. Owens, to approve the agenda; and the Board voted unanimously to approve.



Minutes


Following the notation of several corrections, a motion was made by Ms. Roberts to approve the minutes of the January 3, 2010 meeting; Ms. Trujillo seconded the motion; and the Board voted unanimously to approve.






New Business:



Informal Conference - Wasana Digges - Nail technician Apprentice


Ms Wasana Digges, a candidate applying to take the nail technician examination, requested to appear before the Board, together with her sponsors, Ms. Jennifer O’Donnell and Ms. Tami Anderson. Ms. O’Donnell and Ms. Anderson are requesting guidance from the Board in light of Ms. Digges having taken the theory exam nine times without a passing score. Ms Digges advised that her difficulty in passing the exam stems from English being a second language and her inability to comprehend the questions. She further advised that she had previously used a “reader” but still was unable to obtain a passing score. The Board expressed surprise that a “reader” had been used in previous attempts; noting that the use of a “reader” is an accommodation for those who qualify under the Americans With Disabilities Act, and that the use of an interpreter to translate during an examination is expressly prohibited. COMAR 09.22.01.12(E) (1). The Board noted that Ms. Digges could use a word-for-word dictionary (COMAR 09.22.01.12(E) (2), and that additional time to take the exam may be provided. Ms. Digges, noting that she was unaware that she could use a word-for-word dictionary, stated that she would attempt to take the exam using one. The Board directed that its staff contact the testing vendor and direct that Ms. Digges be provided additional time to take the exam with the use of a word-for-word dictionary.


The Board also directed that its staff contact Prometric, the test vendor, to inquire if they are allowing candidates the use of an interpreter for its cosmetology examinations, contrary to the Board’s regulation.



Informal Conference - Sandra Favilla - Bad Hair Day?


An informal conference was held in regard to a request by Ms. Sandra Favilla, owner of Bad Hair Day?, a full service beauty salon located in Frederick, Maryland. Ms. Favilla appeared before the Board, together with her husband, Mr. Favilla, and Ms. Hope Mitchell, who is listed as the company’s resident agent. Ms. Favilla referenced a recent fine she was assessed, via a Consent Order, following an inspection of her salon when it was determined that the salon did not have a valid beauty salon permit. (Individual licensees who were working in the salon on the day of inspection were cited for working in an unlicensed salon; and these matters also were resolved via consent orders.) The Board initially questioned Ms. Favilla’s request for an appearance before the Board to challenge the fine when she previously had agreed to settle this matter via a Consent Order and had paid the assessed fine. Ms. Favilla explained that she wanted to explain the circumstances which led to the violation notice and seek a rescission of the Consent Orders to which she, and the licensees in her Salon, had agreed. The Board noted that the Consent Orders were the final resolution to the matters; and, accordingly, that the Board was not inclined to rescind the same. Nevertheless, per a motion by Ms. Britt-Cockrum to go into Executive Session for the purpose of obtaining legal advice, and a second of the motion, the Board went into Executive Session for the purpose of obtaining legal advice attendant to the issues presented by Ms. Favilla.





Executive Session


A motion was made by Ms. Britt-Cockrum to go to Executive Session at 11:07 a.m., seconded by Ms. Bunch, for the purpose of seeking advice of counsel in regard to certain procedures invoked by the Board’s staff in light of a recent legislative change.


The Executive Session ended at 1:03 pm, and the Board returned to its public meeting at that time.


Following the Executive Session, the Board agreed to rescind the Consent Order that Ms. Favilla had executed, as well as those executed by the licensees who were performing cosmetology services in Ms. Favilla’s beauty salon; and to refund all of the attendant fines that had been imposed. The Board directed its staff to effectuate these measures immediately.



Old Business



Final Approval - COMAR 09.22.01.13 (Fees) and COMAR 09.22.02.03 (Prohibitions)


Noting the absence of any public comment and the passage of the requisite time frame, the Board voted unanimously to give its final approval for proposed amendments to COMAR 09.22.01.13 (Fees) which provides for a reinstatement fee of $50.00 regarding a limited or full service beauty salon permit that has been expired for less than 45 days.


Noting the absence of any public comment and the passage of the requisite time frame, the Board voted unanimously to give its final approval for proposed amendments to COMAR 09.22.02.03 (Prohibitions) which provides for the possession of certain equipment in a beauty salon and the practice of certain services in a beauty salon; provided the individual using the devices or performing the services possesses a valid health occupations license issued by the Department of Health and Mental Hygiene.






Adjournment


With the Chairman noting that the remaining items listed on the Agenda under “Old Business” will be tabled until the March 7, 2011 Board meeting, a motion was made to adjourn the meeting by Ms. Bunch and seconded by Ms. Trujillo; and the meeting was adjourned at 1:30 p.m.




Approved By:


_____________________________

Phillip S. Mazza

Chairman



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