I CALL TO ORDER

The regular monthly meeting of the Board of Cosmetology and Hairstyling was called to order at 9:30 a.m.

The Board recited the Pledge of Allegiance and had a moment of silence for the fallen soldiers and those serving our country.

Roll Call:

Ms. Janice Alvarez, Mr. Ronald Jerome Brown, Mr. Jack A. Fornaro, Mr. Chris Jones, Mr. Joseph Santagata, Mr. Jerry Speziale, Mr. Jay A. Malanga, Executive Director, Mr. Patrick J. McNally, Assistant Executive Director, Ms. Barbara Ambroise, Program Development Assistant were present. Also in Attendance:

Ms. Gracinda Almeida, Administrative Assistant, Ms. Marisol Rodrigues, Office Supervisor and the Board’s counsel.

II OPEN PUBLIC MEETINGS ACT

The Chair announced that the time, date and location of the meeting was listed in the Annual Notice Schedule. The Annual Notice Schedule was mailed to Ms. Nina Mitchell Wells, Secretary of State and the Newark Star-Ledger and Trentonian Newspapers on December 15, 2008 and was posted in the Office of the Board of Cosmetology and Hairstyling on December 15, 2008.

III APPROVAL OF MINUTES (OPEN & CLOSED)

Upon motion made by Mr. Jerry Speziale and seconded by Mr. Chris Jones, the Executive Director's report, Committee reports and Minutes of the regular monthly meeting held March 10, 2009 are accepted as read. The motion passed unanimously.

IV PUBLIC PARTICIPATION SESSION

Mr. Ronald Brown stated that in view of the Director of the Division of Consumer Affairs’s letter to the Board dated March 20, 2009, regarding the proposed prohibition against genital waxing, N.J.A.C. 13:28-2.15(b)4 and in light of the significant public comment received in response to the proposed prohibition, the provision will be reserved upon adoption in order to permit the Board to review the issue and consider what training requirements and practice protocols would help ensure the provision of this service in a safe and sanitary manner. He stated that the Board’s regulations are due to expire on April 25, 2009 and that this will allow the remaining proposed regulations to continue through the adoption process.

Because of the Board’s lengthy agenda and scheduled inquiries, the Board entertained comments on this or other issues, but asked that the comments be brief and concise and that they be limited to no more than 7 minutes.

9:44AM

Ms. Rose Mary Weiner greeted the Board. She stated that she had been asked to give a presentation as Chairman of the Board of the Association of Salon & Spa Professionals on the topic of waxing rules and regulations. She stated that she was also the Owner of the Brass Rose Spa for more than ten years. She stated that it is the Association’s position that the removal of superfluous hair by waxing can be achieved in a safe and sanitary manner "no matter what body part" is performed. She went over the presentation with the Board including the different types of waxing and its definitions . She stated that this procedure (waxing) can and is being done in a safe and sanitary manner. However, she noted that cosmetology and hairstyling statute limits waxing to the face, arms, legs and abdomen. The proposed prohibition on genital waxing put a burden on salons because insurance policies will not cover prohibited services. She asked that this matter be reviewed and looked at more closely.

Ms. Darlene Fox of the Cosmetology Association questioned whether there would be a secondary comment period when the revisions are posted.

It was explained that the standard operating process of promulgating regulation does not call for a secondary comment period after the first comment period expired.

Mr. Michael Vozzelli greeted the Board and stated that he was there on behalf of the barbers. He distributed correspondence and indicated that he would like the Barber License reinstated including instruction in the use and care of straight edge barber razor, stropping and honing. He stated that the barbering business has been very good for him and his family.

Ms. Bridget Damiano, Vice President of Capri Schools and member of the School Association stated that they have been working with a lobbyist to initiate a barber bill. We very much want it to be a real course and are against apprenticeship. We are working in the direction of what the Board has expressed in the past.

Chairman Ronald Brown thanked everyone for there comments.

There being no further comments, Public Session closed at 9:52 AM

V EXECUTIVE DIRECTOR'S ANNOUNCEMENTS

Mr. Malanga distributed information on The Daily Journal article on salon safety and sanitation practices, the Professional Beauty Association’s comment on Brazilian waxing, Annual CEA Convention on July 11-13, 2009, International Hair & Beauty Show on May 17 & 18, 2009.

Mr. Malanga thanked everyone for their comments and indicated the Board would take them into consideration.

VI FOR BOARD CONSIDERATION

1. IMO Celeste Adamski’s criminal offense and her desire to complete a term of training at a cosmetology and hairstyling school and eventually become licensed was presented to the Board for consideration.

Upon motion made by Mr. Chris Jones and seconded by Ms. Janice Alvarez, the Board withheld decision on this matter pending Ms. Adamski’s appearance at an investigative inquiry with proof of any type of counseling or being rehabilitated. The motion passed unanimously.

2. IMO Jeanine Marie Eliason’s criminal offense and her desire to complete a term of training at a cosmetology and hairstyling school and eventually become licensed was presented to the Board for consideration.

Upon motion made by Ms. Janice Alvarez and seconded by Mr. Jack Fornaro, Ms. Eliason is allowed to sit for examination upon successful completion of the cosmetology and hairstyling course provided she has no further contact with the criminal justice system. The motion passed unanimously.

3. Correspondence received from Mr. Juan C. Munoz, Ms. Kathleen L. Damico and Mr. Richard Marmo, t/a Hair Core, 1 South Main Street, Lodi, New Jersey in connection with the outstanding penalties assessed against them in the amount of $700.00 for the alleged violations resulting out of an inspection of their shop on November 26, 2008 was presented to the Board for consideration. They admitted to the charge of violating N.J.S.A. 45:5B-13(d) and paid the penalty ($300.00) for that violation but indicated that they would like to waive their right to a hearing on the other charges (N.J.A.C. 13:28-2.12(a)2 and N.J.S.A. 45:5B-7) but furnished written explanations for the Board to consider before rendering its final decision.

After careful consideration, the Board pointed out that based on what was submitted, there was a history of appointments in the appointment book that did not mitigate the penalties.

Upon motion made by Ms. Janice Alvarez and seconded by Mr. Chris Jones, the fine stands. The motion passed unanimously.

4. Correspondence received from Mr. Andra D. Hayes, t/a Dre’s Unisex Salon, 160 Main Street, #5, Orange, New Jersey in connection with the outstanding penalties assessed against him in the amount of $3,000.00 for the alleged violations resulting out of an inspection of his shop on July 31, 2008 was presented to the Board for consideration. He admitted to the charges of violating N.J.S.A. 45:5B-13(d) and N.J.A.C. 13:28-2.5(a)2v and paid the penalties ($500.00) for those violations but indicated that he would like to waive his right to a hearing on the other charge (N.J.S.A. 45:1-21(b) & N.J.S.A. 45:5B-9) and furnished a written explanation for the Board to consider before rendering its final decision.

After careful consideration, the Board noted that Mr. Hayes admitted to the charges.

Upon motion made by Mr. Chris Jones and seconded by Mr. Jerry Speziale, the fine stands. The motion passed unanimously.

5. Correspondence received from Ms. Patricia A. Andre, 226 Sylvan Avenue, Gloucester, New Jersey in connection with the outstanding penalty assessed against her in the amount of $100.00 for the alleged violation of N.J.S.A. 45:5B-5B-12 & N.J.A.C. 13:28-2.12(a)2 at Mane Stop, 116 East Kings Highway Store #2B, Haddonfield, New Jersey on December 29, 2008 was presented to the Board for consideration. She indicated that she would like to waive her right to a hearing but furnished a written explanation for the Board to consider before rendering its final decision.

After careful consideration, the Board noted that Ms. Andre admitted to the charges.

Upon motion made by Ms. Janice Alvarez and seconded by Mr. Jack Fornaro, the fine stands with a payment plan. The motion passed unanimously.

6. Correspondence received from Ms. Catherine Carollo and Ms. Lorraine Martorano, Instructors, Capri Institute Cosmetology Training Centers, 268 Brick Boulevard, Brick, New Jersey in connection with Kimberly Jackson.

Note: The Board previously considered this matter at the regular monthly meetings held March 11, 2008 and September 9, 2008 and withheld decision on this matter pending statements from the instructors.

Mr. Jay Malanga discussed the background on this case with the Board.

Upon motion made by Mr. Chris Jones and seconded by Mr. Jerry Speziale, the Board finds Ms. Kimberly Jackson violated the Board’s regulation as charged but would suspend the fine. Mr. Ronald Brown, Mr. Jack Fornaro, Ms. Jancie Alvarez and Mr. Joseph Santagata opposed. Motion failed.

Upon motion made by Ms. Janice Alvarez and seconded by Mr. Jack Fornaro, although Ms. Jackson is found to have violated the Board’s regulation as charged but due to mitigating circumstances the Board moved to reduce the fine to $100.00. Mr. Chris Jones and Mr. Jerry Speziale opposed. Motion passed.

Mr. Chris Jones suggested that the Board revisit the language on this matter to prevent another similar incident.

7. Correspondence received from Mr. Joseph S. DiMaria, Esquire on behalf of his client, Sofia S. Hossain in connection with the outstanding penalty assessed against Ms. Hossain in the amount of $100.00 for the alleged violation of N.J.S.A. 45:5B-12(f) & N.J.A.C. 13:28-2.12(a)2 at Hair Core, 1 South Main Street, Lodi, New Jersey on November 26, 2008 was presented to the Board for consideration. He indicated that Ms. Hossain waives her right to a hearing but furnished a written explanation for the Board to consider before rendering its final decision.

Upon motion made by Mr. Jack Fornaro and seconded by Ms. Janice Alvarez, the fine stands. The motion passed unanimously.

8. Disciplinary Matters Pending Conclusion by Default

The UPLs were issued and no written response from respondents have been received by the Board to date. These matters were subject to finalization 15 days after issuance. The Attorney General seeks to issue Final Decision and Default Order on UPL for each of the following: IMO

Sorya Truong
Amer S. Chaudry, Pres. & Ahmed Nawaz
t/a Great Clips License #WD25857
Cheng Cong Sun
Thanh Nguyen
Lin Xing
Dan Chin V Nguyen
Eloisa Candida Oliveira
Jhanet Arrieta
Emerson Braganca Silva
Den Van Nguyen, Mimi Mai Truong & Xuan Mai Ha
t/a Da-Vi Nails License #WM002816

Josefina Nunez-Soto, Mirtha Albino & Glpolreisy Polanco
t/a Prime Beauty Salon License #WD20825
Seong Hong Lau
Enrique Contrera
Soon Taek Choi
t/a Creative Nail By Suki Ultimate Rays License #WD025045
Gina De La Cruz
Maily N. Do
Euceline Rueda & Jose M. Rueda
t/a Enfase Beauty Salon License #WD024445
Rohemond Foster t/a Braiding Bunch Head Quarters License #WD22674
Tony W. Edwards
Rich Thanh

The Certificate of Service is attached to the Uniform Penalty Letters for Board review.

Upon motion made by Mr. Joseph Santagata and seconded by Mr. Jack Fornaro, the Board authorizes the issuance of Default letters as indicated above. The motion passed unanimously

9. The following Uniform Penalty Letters (UPLs) are recommended for administrative closure due to, including but not limited to, the age of the matter, incorrect address, no forwarding address for the business or licensee, and limited information on the licensee.