STATE OF FLORIDA aia DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: =! /'3 COSMETOLOGY BOARD 2007 jy AY 0 Sty I: 19 A BM Sion fap DEPARTMENT OF BUSINESS AND Chppeh® OF PROFESSIONAL REGULATION, HEARI Hie Nye Petitioner, vs. Case Nos. 2006-041879 2006-042079 ULTIMATE NAILS, CECILIA DANG NGUYEN, O7- Q3nT Respondents. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against ULTIMATE NAILS and CECILIA DANG NGUYEN (“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 ULTIMATE NAILS was licensed as a Cosmetology Establishment in the State of Florida, having been issued license number CE 9965802. At all times material hereto, Respondent CECILIA DANG NGUYEN was licensed as a Nail Specialist in the State of Florida, having been issued license FV 549510. 3. Respondent ULTIMATE NAILS’s address of record is 6025 9" Street South, St. Petersburg, Florida 33705. 4. Respondent CECILIA DANG NGUYEN’s address of record is 6025 9" Street South, St. Petersburg, Florida 33705. 5. On or about March 21, 2006, Petitioner’s inspector John Miranda conducted an inspection of Respondent salon. 6. At all times material hereto, Respondent CECILIA DANG NGUYEN was the owner of ULTIMATE NAILS. 7. During the inspection, Petitioner’s inspector observed that Respondent was in possession of a container of liquid called “Fantasy Beauty Supply Nail Fluid,” which previous lab tests have identified as containing methyl methacrylate (MMA) as an ingredient. 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. During the investigation, Department of Business and Professional Regulation records revealed that Respondents have a history of non-compliance; specifically, Respondent has a history of possession of methyl methacrylate (See Petitioner’s DBPR Citation # 2006- 016909; 2005-063827). 10. Section 477.0265(1)(c), Florida Statutes, states that it is a violation to “[e]ngage _ in willful or repeated violations of [Chapter 477] or of any rule adopted by the Board.” 11. Section 477.029(1)(i), Florida Statutes, provides in pertinent part that it is unlawful for any person to “{vJiolate or refuse to comply with any provision of this chapter or chapter 455 or a rule or final order of the board or the department.” COUNT ONE 12. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one ~ through eleven (11) as though fully set forth herein. 13. 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).” 14, 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. COUNT TWO 15. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through eleven (11) as though fully set forth herein. 16. Section 477.0265(1)(c), Florida Statutes, states that it is a violation to “Tejngage in willful or repeated violations of [Chapter 477] or of any rule adopted by the Board.” 17. Section 477.029(1)(i), Florida Statutes, states that it is unlawful for any person to “{yJiolate 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.” 18. Based on the foregoing, Respondent violated Section 477.029(1)(i), Florida Statutes, by repeatedly violating Section 477.0265(1)(h), Florida Statutes, 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 Soa of M anch , 2007. .H pt General Attorney for Petitioner: f | L mat Regulation Tiffany A. Harrington department of Business and Professional Ree Assistant General Counsel °P AGENCY CLER Office of the General Counsel Department of Business and Professional Regulations 1940 North Monroe Street . Suite 42 cuerk Sonm k- Woubanon Tallahassee, Florida 32399-2202 @ - 28-200 Phone: (850) 487-8435 DATE Facsimile: (850) 414-6749 TAH jc Case #’s 2006-041879; 2006-042079 PCP. Blialo+ CFT

Docket for Case No: 07-002339