STATE OF FLORIDA ELL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA’ fe D COSMETOLOGY BOARD ‘07 JAN 10 , PH 12: 4 | DN ISiaN Ge DEPARTMENT OF BUSINESS AND ADMINIST RATIVE PROFESSIONAL REGULATION, HEAR] HGS Petitioner, vs. Case No. 2006-015444 US NAILS, Ol- OOo Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against US 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 rules 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 9965953. 3. Respondent’s address of record is 7351 Lake Underhill Road, Orlando, Florida 32822. ) 4, On or about February 21, 2006, Petitioner’s inspector Bill Van Rijn 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 March 11, 2006, the sample was tested and a report from Severn Trent Laboratories dated March 18, 2006 shows levels of 100% 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 “[iJn 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 se day of cased 2006. es lakes F, Tunnicliff Chief Professions Attorney Attorney for Petitioner: F \ DS Regulation Charles F. Tunnicliff ; , Department of Business and Profes Chief Professions Attorney AGENCY Office of the General Counsel Department of Business and Professional Regulations 1940 North Monroe Street Suite 42 curk Soa rm £. W ~ G om Tallahassee, Florida 32399-2202 3-25-2008 Phone: (850) 487-9656 DATE Facsimile: (850) 414-6749 CFT/jjc Case # 2006-015444 fa eer glslo¢

Docket for Case No: 07-000108