STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION f= i i é D COSMETOLOGY BOARD ‘me 2b APR 20 A i: 93 DEPARTMENT OF BUSINESS AND DIV] PROFESSIONAL REGULATION, ADMIN feed hgh : J / HEARING YE Petitioner, vs. Case No. 2006-001187 ; A Olo- 14 34 CREATIVE NAILS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against CREATIVE NAILS (“Respondent”), and says: 1, Petitioner is the state agency charged with regulating the practice of cosmetology pursuant to Section 20.165, Florida Statute, and Chapters 455 and 477, Florida Statutes, and the tules promulgated thereto. 2. At all times material hereto, Respondent was licensed as a Cosmetology Establishment in the State of Florida, having been issued license CE 9961466. 3, Respondent’s address of record is 3154 West New Haven Avenue, Melbourne, Florida 32904, 4, On or about December 1, 2005, Petitioner’s inspector Evelyn Williams conducted an annual inspection of Respondent salon. 5. During the inspection, Petitioner’s inspector observed that Respondent was in possession of a container of liquid that listed Methyl Methacrylate (MMA) as an ingredient. A sample of the product was confiscated for testing. 6. During the investigation, Department records revealed that there was no break in the chain of custody of the sample tested. 7. On or about December 23, 2005, the sample was tested and a report from Severn Trent Laboratories dated December 27, 2005 shows levels of 30% concentration of methyl methacrylate monomer (MMA) in the sample tested. 8. Section 477.0265(1)(h), Florida Statutes, states in pertinent part that it is unlawful to “[iJ]n the practice of cosmetology, use or possess a cosmetic product containing a liquid nail monomer containing any trace of methyl methacrylate (MMA).” 9. , Based on the foregoing, Respondent violated Section 477.029(1)(i), Florida Statutes, by being in possession of methyl methacrylate, and is thereby subject to discipline pursuant to Sections 477.029(1)(h) and (2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Cosmetology enter a Final Order imposing one or more of the following penalties: imposition of an administrative fine, revocation or suspension of Respondent’s license, issuance of a reprimand, placement of the Respondent on probation, restriction of Respondent’s practice, and or any other relief which the Board deems appropriate. SIGNED this us day of Ml rad 01,5) BH Charles Tunnicliff Chief Professions Attorney Attorney for Petitioner: Charles Tunnicliff F | L E D Chief Professions Attorney Department of Business and Professional Regulation Office of the General Counsel AGENCY CLERK Department of Business and Professional Regulations 1940 North Monroe Street Suite 42 Tallahassee, Florida 32399-2202 CLERK Seq wa A» euro oom Phone: (850) 487-9656 pate 97 S!1-200le Facsimile: (850) 414-6749 CFT/tah . Case # 2006-001187 fp CT 43-21-06 , 2006.

Docket for Case No: 06-001429