STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS cas COSMETOLOGY BOARD gt &% oo SB see, CER o qa DEPARTMENT OF BUSINESS AND Boe y oO . PROFESSIONAL REGULATION, ES oO 2 Sh LAN a“ Za 2 Petitioner, m ad vs. Case No. 2005-059143 HUNG HUU TRAN, O o- 04 ay P Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against HUNG HUU TRAN (“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 Nail Specialist in the State of Florida, holding license FV 9531601. 3. Respondent’s address of record is 8218 Raven Croft Dr., Tampa, Florida 33615. 4. On or about October 11, 2005, Petitioner’s inspector, John Miranda, conducted an inspection of FILES & SMILES NAILS, holding license CE 9965298, located at 7902 West Waters Avenue, Tampa, Florida 33615. 5. At all times material hereto, Respondent owned and operated FILES & SMILES NALLS. 6. During the inspection, Petitioner’s inspector observed that Respondent was in possession of a container of fluid suspected of having Methyl Methacrylate (MMA) as an ingredient. The product was confiscated and sent to Severn Trent Laboratories for testing. 7. During the investigation, Department records revealed that there was no break in the chain of custody of the sample tested. 8. On or about October 11, 2005, the container was tested and a report from Severn Trent Laboratories dated October 18, 2005 shows levels of 100% concentration of methyl methacrylate monomer (MMA) in the sample tested. 9. Section 477.0265(1)(h), Florida Statutes, in pertinent part states that it is unlawful to, “[i]n the practice of cosmetology, use or possess a cosmetic product containing a liquid nail monomer containing any trace of methyl methacrylate (MMA).” 10. Based on the foregoing, Respondent violated Section 477.0265(1)(h), 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 “7 7b... of Leary , 2006. At) Dawske Charles F. Tunnicliff Chief Professions Attorney FILED - Department of Business and Professionat Regulation AGENCY CLERK Attorney for Petitioner: Charles F. Tunnicliff Florida Bar No. 153831 Chief Professions Attorney CLERK Sou wh Fd . Department of Business and ~ Professional Regulation DATE Z 2 8 1940 North Monroe Street Tallahassee, Florida 32399-2202 Phone: (850) 487-9656 Facsimile: (850) 414-6749 CFT/dag Case # 2005-063299 February 13, 2006 PL aev 2-'F-00

Docket for Case No: 06-000924PL