LG A336 STATE OF FLORIDA Eye Ep DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION * “” COSMETOLOGY BOARD 2001 4 AY 25 A I: 29 DEPARTMENT OF BUSINESS AND ADS Sion ON OF PROFESSIONAL REGULATION, HEA Siar VE Petitioner, VS. Case Numbers: 2006-062452 2006-062460 FILES & SMILES, HUNG HUU TRAN, Respondents. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against FILES & SMILES and HUNG HUU TRAN (“Respondents”), 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 Files & Smiles was licensed as a Cosmetology Salon in the State of Florida, having been issued license CE 9965298. At all times material hereto, Respondent Hung Huu Tran was licensed as a Nail Specialist in the State of Florida, having been issued license FV 9531601 and was the owner of Files & Smiles. 3. Respondent Hung Huu Tran’s address of record is 8218 Raven Croft Drive, Tampa, Florida 33615. Respondent Files & Smiles’ address of record is 7902 West Waters Avenue, Ste. B, Tampa, Florida 33615. 4. On or about July 26, 2006, Petitioner’s inspector John Miranda conducted an inspection of Respondent salon. 5. During the inspection, Petitioner’s inspector observed that Respondent was in possession of a container of Angel’s Nail Fluid, which had been previously determined by Severn Trent Laboratories to contain Methyl Methacrylate (MMA) as an ingredient. A sample of the product was confiscated for testing. 6. 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).” 7. Section 477.029(1)(i), Florida Statutes, provides in pertinent part that “[i]t is unlawful for any person to: violate or refuse to comply with any provision of [Chapter 477] or chapter 455 or a rule or final order of the board or the department.” 8. Based on the foregoing, Respondent violated Section 477.029(1)(i), Florida Statutes, by being in possession of MMA, 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. L\ ce i . SIGNED this CAN ) fay of Prov \ | , 2007. Se ; ! | ffan Assis General Counsel FL Bar No. 26202 : fessional Regulation Office of the General Counsel department Bue CLERK Department of Business and Professional Regulations : 1940 North Monroe Street : Suite 42 cuek Sanus £- \WeaAwmnom © Tallahassee, Florida 32399-2202 - 2 - 200 Phone: (850) 488-0062 DAT! ‘ Facsimile: (850) 414-6749 Case No.’s: 2006-062452 2006-062460 Pep: Alit]ot CFT

Docket for Case No: 07-002336