New Jersey Division of Consumer Affairs State Board of Cosmetology and Hairstyling Minutes

BOARD OF COSMETOLOGY AND HAIRSTYLING
124 HALSEY STREET - 6TH FLOOR
NEWARK, NEW JERSEY 07102
MAY 13, 2008

THIS MEETING WAS ORIGINALLY SCHEDULED AS A REGULAR BOARD MEETING BUT WAS HELD AS A COMMITTEE FOR LACK OF QUORUM. THE MINUTES REFLECT THE RECOMMENDATIONS OF THE COMMITTEE.

I CALL TO ORDER

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

Roll Call:

Board members in attendance: Ms. Janice Alvarez, Mr. Jack A. Fornaro, Mr. Chris Jones, and Mr. Jerry Speziale.

Board members not in attendance: Mr. Ronald Jerome Brown, Mr. Carlo Melini, Mr. Anthony T. Monaco and Mr. Joseph Santagata

Board administrators in attendance: Mr. Jay A. Malanga, Executive Director, Mr. Patrick J. McNally, Assistant Executive Director and Ms. Barbara Ambroise, Program Development Assistant, Ms. Gracinda Almeida, Administrative Assistant, Ms. Marisol Rodrigues, Office Supervisor, Ms. Yolanda Morales, Principal Clerk Transcriber 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 18, 2007 and was posted in the Office of the Board of Cosmetology and Hairstyling on December 18, 2007.

III APPROVAL OF MINUTES (OPEN & CLOSED)

The committee recommended that the Executive Director’s report, Committee reports and Minutes of the regular monthly meeting held April 8, 2008 are accepted as read.

IV PUBLIC PARTICIPATION SESSION

Mr. Ray Testa was in attendance and greeted the Committee. He addressed the Committee on a matter that appears on the agenda which was submitted by the NJ Association of Cosmetology and Hairstyling Schools, Inc. in connection with the approval on the implementation of the Methods Course in conjunction with Thomas Edison University. He encouraged the Committee to review and recommend it to the Board for approval.

V EXECUTIVE DIRECTOR’S ANNOUNCEMENTS

Mr. Malanga distributed a copy of Assembly No. 734 regarding the non-disclosure of the residence of persons licensed by certain professional boards, a copy of Senate, No. 1240 concerning the creation of a limited licenses for general barbering and for barbering and hairstyling within the practice of cosmetology and hairstyling, information on the 82nd Annual conference of the National Association of Barber Board of America in Washington, DC, information of the annual conference of the National-Interstate Council of State Boards of Cosmetology to be held October 25-27, 2008, and a copy of a letter from Mr. Normajean Fusco, President, The Body Perfect on the Nufree System of hair removal.

Also, presented was a newspaper article in which Senator Baron inappropriately remarked this Board as an "obscure" board. The Board chair stated that his response to the Senator was a personal response in which he took deep offense to the remark which misled the public to believe that this Board does not carry out important functions as mandated by the statutes.

VI FOR BOARD CONSIDERATION

1. Correspondence received from Mr. Edwin Esteves, 40 Providence Street, Newark, New Jersey in connection with his conviction of Possession of CDS and his desire to become licensed as a cosmetologist-hairstylist upon completion of training at Natural Motion Institute was presented to the Committee for consideration.

The Committee recommends that the Board withhold decision pending Mr. Esteves’ appearance for an investigative inquiry.

The Committee finds that the record is devoid of the individual’s response to the Board regarding his desire to be licensed. The Committee finds that the school’s response should only be a supplement and never the primary record on behalf of the applicant. The Committee recommends that the Board redraft the letter to indicate that the individual applicant must respond to the Board with the information requested.

2. Correspondence received from Mr. Sean McGowan, 129 Ambler Road, Somers Point, New Jersey in connection with his conviction of Manufacture, Distribution, Dispense (Alprazolam) and his desire to complete a term of training at Shore Beauty School and eventually become licensed was presented to the Committee for consideration.

The Committee recommends that the Board withhold decision pending Mr. McGowan’s appearance for an investigative inquiry.

3. Correspondence received from Mr. Kenyon Alston, 231 Chestnut Street, Passaic, New Jersey 07055 in connection with his conviction of Possession of CDS with intent to distribute within 1000 ft of school property and his desire to become licensed as a cosmetologist-hairstylist upon completion of training at Capri Institute, Clifton, New Jersey was presented to the Committee for consideration.

The Committee recommends that Mr. Alston be allowed to sit for examination upon his successful completion of the cosmetology and hairstyling course with a stern advise not to have any further contact with the criminal justice system.

4. Correspondence received from Mr. Anthony C. Comito, t/a Great Clips, 726 Route 202 South, Suite 380, Bridgewater, New Jersey 08807 in connection with the outstanding penalties assessed against him in the amount of $600.00 for the alleged violations resulting out of an inspection of his shop on November 16, 2007 was presented to the Committee for consideration. He has admitted to the charge of violating N.J.S.A. 45:5B-13(e) and paid that penalty ($500.00) but indicated that he would like to waive his right to a hearing on the other charge (N.J.A.C. 13:28-2.12(a)2 and furnished a written explanation for the Board to consider before rendering its final decision.