FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA ck Og ‘vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT| pete 44/8/2013 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case Nos. 2013-003819 2013-003866 FLORIDA NAILS CARE and HIEP T. NGUYEN, Respondents. ADMINISTRATIVE COMPLAINT Department of Business and Professional Regulation (Petitioner), files this Administrative Complaint before the Board of Cosmetology (Board), against Florida Nails Care and Hiep T. Nguyen (Respondents), and alleges: Petitioner is the state agency charged with regulating the practice of cosmetology pursuant to Section 20.165, Florida Statutes (2012), and Chapters 455 and 477, Florida Statutes (2012). 2. At all times material to this Complaint, Respondent was licensed as a cosmetology salon and a nail specialist in the State of Florida, having been issued license numbers CE 9961095 and FV 5976, respectively. 3. Respondents’ addresses of record are 6374 Southeast Federal Highway, Stuart, Florida 34997 and 2381 Southeast Alden Street, Port Saint Lucie, Florida 34984. GENERAL ALLEGATIONS OF FACT 4. On or about January 24, 2013, Petitioner’s inspector conducted an inspection of Respondent salon. 5. During the inspection, the inspector obtained a sample of an unidentified liquid for identification purposes. 6. The inspector sent the sample to Advanced Environmental Laboratories (AEL) to be tested for the presence of methyl methacrylate (MMA). 7. On or about February 15, 2013, Petitioner received the test results from AEL which indicated that the aforementioned sample was positive for containing MMA. 8. During the inspection, Petitioner’s inspector also observed the following documentation and sanitation violations: a. Respondents failed to have all cosmetologists/specialists/barbers permanently laminated licenses conspicuously displayed at each work station; b. Respondents failed to keep linens in a closed dustproof cabinet; c. Respondents failed to use a sanitary towel/neck strip for each patron; d. Respondents failed to utilize effective disinfecting methods. COUNT I 9. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) as though fully set forth herein. 10. Respondent violated Section 477.029(1)(h), Florida Statutes (2012), which provides that “[i]t is unlawful for any person to...[vJiolate any provision of s. 455.227(1), Ss. 477.0265, or s. 477.028." through a violation of Section 477.0265(1)(g), Florida Statutes (2012) which provides “[i]lt is unlawful for any person to...[iln the practice of cosmetology, use or possess a cosmetic product containing a liquid nail monomer containing any trace of methyl methacrylate” which is grounds for discipline. 11. On or about January 24, 2013, Respondent possessed a liquid which contained methyl methacrylate. 12. Based on the foregoing, Respondent violated Section 477.029(1) (h), Florida Statutes (2012), through a violation of Section 477.0265(1) (g), Florida Statutes (2012), by possessing a liquid nail monomer containing methyl methacrylate. COUNT II 13. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) as though fully set forth herein. 14. Section 477.029(1) (i) Florida Statutes (2012), By provides that “[i]t 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.” 15. Rule 61G65-20.004 (2), Florida Administrative Code (2012), provides that “[a]ll holders of a cosmetology... salon license shall require and insure that all individuals engaged in the practice of cosmetology.. display at the individual’s work station their current license.” The license shall have a photograph attached and shall be permanently laminated. 16. Based on the facts set forth above, Respondents violated or refused to comply with a rule of the board by failing to ensure that all cosmetologists display a permanently laminated license at each work station. 17. Based on the foregoing, Respondents violated Section 477,.029(1) (i) Florida Statutes (2012), by violating or refusing to comply with any provision of this chapter or chapter 455 or a rule or final order of the board or the department. COUNT III 18. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) as though fully set forth herein. 19. Section 477.029(1) (i) Florida Statutes (2012), By provides that “[i]t 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.” 20. Rule 61G65-20.002(2) (a), Florida Administrative Code (2012), provides that “[eJach salon shall keep clean linens in a closed, dustproof cabinet.” 21. Based on the facts set forth above, Respondents violated or refused to comply with a rule of the board by failing to keep linens in a dustproof cabinet. 22. Based on the foregoing, Respondents violated Section 477.029(1) (i) Florida Statutes (2012), by violating or refusing to comply with any provision of this chapter or chapter 455 or a rule or final order of the board or the department. COUNT IV 23. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) as though fully set forth herein. 24. Section 477.029(1) (i) Florida Statutes (2012), By provides that “[i]t 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.” 25. Rule 61G65-20.002(2) (a), Florida Administrative Code (2012), provides that “[a] sanitary towel or neck strip shall be placed around the patron’s neck...” 26. Based on the facts set forth above, Respondents violated or refused to comply with a rule of the board by failing to place a towel or neck strip around the necks of patrons. 27. Based on the foregoing, Respondents violated Section 477.029(1) (i) Florida Statutes (2012), by violating or refusing to comply with any provision of this chapter or chapter 455 or a rule or final order of the board or the department. COUNT _V 28. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one (1) through eight (8) as though fully set forth herein. 29. Section 477.029(1) (i) Florida Statutes (2012), BS provides that {i]t is unlawful for any person to...[vjJiolate 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.” 30. Rule 61G5-20.002 (2) (d) 2a-d, Florida Administrative Code (2012), describe effective and approved disinfecting methods. 31. Based on the facts set forth above, Respondents violated or refused to comply with a rule of the board by failing to utilize effective and approved disinfecting methods. 32. Based on the foregoing, Respondents violated Section 477.029(1) (i) Florida Statutes (2012), by violating or refusing to comply with any provision of this chapter or chapter 455 or a rule or final order of the board or the department. WHEREFORE, Petitioner respectfully requests the Board of Cosmetology enter an order imposing one or more of the following penalties: suspension or permanent revocation of Respondent’s license, restriction of Respondent’s practice, imposition of an administrative fine not to exceed $500 for each count or separate offense, issuance of a reprimand, placement of Respondent on probation subject to specified conditions, corrective action, assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time, or any other relief that the Board is authorized to impose pursuant to Chapters 455 and 477, Florida Statutes (2012), and the rules promulgated thereunder. (SIGNATURE PAGE FOLLOWS) Signed this 5° day of November, 2013. KEN LAWSON, Secretary Department of Business and Professional Regulation By: K elly Briann Wright Kelly Briann Wright Assistant General Counsel Florida Bar No. 101211 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe St., Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 488-5700 Facsimile PC Date: 10/24/13 PC By: Kelly Briann Wright KBW/csc NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be advised that Respondent has the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed.

Docket for Case No: 14-000747