12-1007-11176-2

 

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

FOR THE BOARD OF BARBER EXAMINERS

 

 

In the Matter of Chandra Ricks,   License No. Appr-96

FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION

 

 

 

            The above-entitled matter came on for prehearing conference before Administrative Law Judge Steve M. Mihalchick at 1:30 p.m., on Friday, July 11, 1997, at the offices of the Board of Barber Examiners, Suite 335, 1885 University Avenue, St. Paul, Minnesota 55104.  Louis Hoffman, Assistant Attorney General, 525 Park Street, Suite 500, St. Paul, Minnesota  55103, appeared on behalf of the Complaint Committee of the Board of Barber Examiners ("the Board").  Chandra Ricks, ("the Respondent"), 7347 Zane Avenue, Brooklyn Park, Minnesota  55429, did not appear and no one appeared on her behalf.  The record closed on July 24, 1997, upon receipt of the a jurisdictional document and notification that the Respondent failed to appear.

 

            This Report is a recommendation, not a final decision.  The Board of Barber Examiners will make the final decision after a review of the record and may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendations contained herein.  Pursuant to Minn. Stat. § 14.61, the final decision of the Board shall not be made until this Report has been made available to the parties to the proceeding for at least ten days.  An opportunity must be afforded to each party adversely affected by this Report to file exceptions and present argument to the Board.  Parties should contact Maureen Tibbetts, Executive Secretary, Board of Barber Examiners, Suite 335, 1885 University Avenue West, St. Paul, Minnesota  55104, telephone:  612/642-0489, to ascertain the procedure for filing exceptions or presenting argument.

 

STATEMENT OF ISSUES

 

            The issue in this contested case proceeding is whether disciplinary action should be taken against the occupational registration of the Respondent pursuant to Minn. Stat. § 151.161 (1996) for practicing barbering without a current certificate of registration.

 

            Based upon all the proceedings herein, the Administrative Law Judge makes the following:

 

FINDINGS OF FACT

 

            1.         The Board served a Notice of and Order for Prehearing Conference and Hearing on Respondent on June 2, 1997, by mailing that document to Respondent’s last known address on file with the Board.

 

            2.         The Notice alleges that “Respondent practiced barbering in a barbershop without a current registered apprentice license.”  Notice of and Order for Prehearing Conference and Hearing, at 2.: The Notice of and Order for Prehearing Conference and Hearing served on the Respondent contained the following informational notice in the paragraph ordering the prehearing conference:

Respondent is hereby urged to attend.  Failure to do so may prejudice her rights in this matter and may result in the allegations contained herein being taken as true and may be the basis for disciplinary action against Respondent’s license.

 

Id. at 1.

 

            3.         Respondent did not attend the prehearing conference and no one appeared on her behalf.  Neither the Board nor the Judge have had any communication from Respondent regarding this matter.

 

            4.         Because Respondent failed to appear at the prehearing conference in this matter, she is in default.  Pursuant to Minn. Rule 1400.6000, the allegations contained in the Notice of and Order for Prehearing Conference and Hearing are hereby taken as true and incorporated into these Findings of Fact.

 

            5.         Taking action against Respondent’s registration is in the public interest.

 

            Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following:

 

CONCLUSIONS

 

            1.         The Board and the Administrative Law Judge have jurisdiction herein and authority to take the action proposed pursuant to Minn. Stat. §§ 14.50 and 154.161 (1996).

 

            2.         The Board gave proper notice of this hearing and has fulfilled all relevant substantive and procedural requirements of law and rule.

 

            3.         The Board has the authority to take disciplinary action against registered barbers and apprentices, including Respondent, under Minn. Stat. §§ 154.161, subd. 4 (1996).

 

            4.         Respondent is in violation of Minn. Stat. § 154.01(a) for practicing barbering without a current apprentice registration, Minn. Stat. § 154.15 for failing to renew her certificate of registration annually, Minn. Stat. § 154.161. subd. 4(1) for violating statutes the Board is authorized to enforce, and Minn. Stat. § 154.161. subd. 4(18) for failing to promptly renew a certificate of registration when remaining in practice.

 

            Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:

 

RECOMMENDATION

 

            IT IS RESPECTFULLY RECOMMENDED that the Board take disciplinary action against the barber registration of Chandra Ricks.

 

 

 

Dated: August 5, 1997.

 

 

 

                                                                                                                                

                                                                                    STEVE M. MIHALCHICK

                                                                                    Administrative Law Judge

 

NOTICE

 

            Pursuant to Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail.

 

 

 

MEMORANDUM

 

            Respondent is in default and therefore the facts alleged in the Notice of and Order for Prehearing Conference and Hearing can be deemed established. The only evidence in the Notice supporting a finding regarding the certificate is that  Respondent’s certificate had expired.  One of the allegations requires that Respondent engaged in the “willful failure to display a certificate of registration as required by section 154.14.”  The cited statute requires holders of a certificate to display it near their chairs where work is performed.  Minn. Stat. § 154.14.  Respondent does not hold a valid certificate of registration and therefore cannot willfully fail to display that certificate.

 

            In addition, the Board has alleged that Respondent “Violated any provisions of Minnesota Statutes section 154.01, in violation of Minnesota Statutes section 154.19(1).” Notice of and Order for Prehearing Conference and Hearing, at 2.  The violation alleged there is a misdemeanor and beyond the jurisdiction of the Administrative Law Judge and the Board to determine.

 

            The Board has demonstrated violations of statutes that support taking adverse action against Respondent’s barber apprentice registration.

 

 

S.M.M.