STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS ey COSMETOLOGY BOARD Bo % | es =, “en ¢ Ft DEPARTMENT OF BUSINESS AND Bee. y va) PROFESSIONAL REGULATION, ES QO =a eed * Petitioner, ™ ~ vs. Case No. 2005-050080 NATURAL NAILS & SPA, Respondent. / ADMINISTRATIVE COMPLAINT, Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against NATURAL NAILS & SPA (“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, holding license CE 9963799. 3. Respondent’s address of record is 6016 South Orange Avenue, Orlando, Florida 32809. 4. On or about June 29, 2005, Petitioner’s inspector, Victoria Itiat, conducted an inspection of Respondent Salon. 5. During the inspection, Petitioner’s inspector observed that Respondent was in possession of a container of fluid listing having Methyl! Methacrylate (MMA) as an ingredient. The container was removed from the premises and delivered to the Department’s Orlando regional office where it was entered into evidence. 6. On or about September 9, 2005, the container was removed from evidence and Petitioner’s inspector delivered it to Severn Trent Laboratories for testing. 7. On or about October 1, 2005, the container was tested and a report from Severn Trent Laboratories dated October 6, 2005 shows a 99% level of concentration of methy} methacrylate monomer (MMA) in the sample tested. 8. Section 477.0265(1)(h), Florida Statutes, in pertinent part states 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 477.0265(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. , 2006. SIGNED this | —_day of “Cg futur Qe. ] n fay Bet Pec heron Dougherty . _| Legal intern FILED Department of Business and Professional Regulation AGENCY CLERK Attorney for Petitioner: Cameron Dougherty Legal Intern Office of the General Counsel Department of Business and Professional Regulations 1940 North Monroe Street "CLERK St on ody £ . W eAny any Phone: (850) 487-8435 Facsimile: (850) 414-6749 oate_ar (> ZOOS CCD/dag Case # 2005-050080 January 30, 2006 FCP: ||2boJoe CFT

Docket for Case No: 06-000926