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OAH 8-1009-21756-2 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE BOARD OF COSMETOLOGIST EXAMINERS
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In the Matter of the Cosmetologist Salon Manager License, Cosmetologist School Manager License and Cosmetologist Instructor’s License of Kristin Chau Vuong |
FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION |
This
matter came before Administrative Law Judge Eric L. Lipman for a Prehearing
Conference on February 10, 2011, at the
Michael J. Tostengard, Assistant Attorney General, appeared on behalf of the Minnesota Board of Cosmetologist Examiners (Board). The Licensee, Kristin Chau Vuong, appeared on behalf of herself and without counsel.
1. Did the Respondent engage in fraudulent, deceptive or dishonest acts in violation of Minn. Stat. § 155A.33, subd. 4(2) (2010)?
2. Did the Respondent engage in acts that constitute malpractice, negligence, or violated the standards and rules of the Board, in violation of Minn. Stat. § 155A.33, subd. 4(3) (2010)?
Based on the file and proceedings herein, the Administrative Law Judge makes the following:
1.
On December 28, 2011, the Board served a Notice
of and Order for Hearing, Notice of Prehearing Conference, Order to Show Cause
and Statement of Charges to the Respondent’s address in
2. The Statement of Charges made three key claims:
a. Respondent Kristin Chau Vuong is currently licensed by the Board as a cosmologist salon manager (License No. 20589811); cosmetologist school manager (License No. 08019420); and cosmetologist instructor (License No. 20514953). These licenses are currently suspended based on the matters set forth below.
b.
On December 7, 2009, Vuong was charged in
c. On August 16, 2010, Vuong entered a guilty plea agreement in Hennepin County District Court on all seven counts of bribery.
3. At the February 10, 2011 Pre-Hearing Conference it was stipulated and agreed among the parties that the Licensee would not contest the accuracy of the matters set forth in the Statement of Charges provided that the Licensee could make a pre-disposition presentation to the Board as to mitigating circumstances in her case and an appropriate sanction. Compare, Minn. Stat. § 155A.33, subd. 4.
Based on the Findings of Fact, the Administrative Law Judge makes the following:
1. The Administrative Law Judge and the Board of Cosmetologist Examiners have jurisdiction in this matter under Minn. Stat. §§ 14.50 and 155A.33.
2. The Respondent received proper, timely notice of the allegations against her and of the time and place of the Prehearing Conference. This matter is properly before the Administrative Law Judge.
3. The Board has complied with all procedural requirements.
4. Under the stipulation, the allegations of and issues set out in the Notice of and Order for Hearing, Notice of Prehearing Conference and Statement of Charges are not contested and deemed proved.
5. The Respondent is in violation of Minn. Stat. § 155A.33, subd. 4 (2) and (3).
6. Disciplinary action against the Respondent is in the public interest, within the meaning of Minn. Stat. § 155A.33, subdivision 4.
Based upon the Conclusions, the Administrative Law Judge makes the following:
IT IS RECOMMENDED that the Board of Cosmetologist
Examiners take appropriate disciplinary action against the Cosmetologist Salon Manager License (No. 20589811),
Dated: March 11, 2011
___s/Eric
L. Lipman____________________
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ERIC L. LIPMAN Administrative Law Judge |
Reported: Digital
Recording
No
transcript prepared
This report is a
recommendation, not a final decision.
The Minnesota Board of Cosmetologist Examiners will make the final
decision after a review of the record.
The Board may adopt, reject or modify the Findings of Fact, Conclusions,
and Recommendations. Under 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: Gina Stauss, Executive Director,
If the Board fails to issue a final decision within 90 days of the close of the record, this report will constitute the final agency decision under Minn. Stat. § 14.62, subd. 2a. In order to comply with this statute, the Board must then return the record to the Administrative Law Judge within 10 calendar days to allow the Judge to determine the discipline to be imposed. The record closes upon the filing of exceptions to the report and the presentation of argument to the Board, or upon the expiration of the deadline for doing so. The Board must notify the parties and the Administrative Law Judge of the date on which the record closes.
Under Minn. Stat. § 14.62, subd. 1, the Board is required to serve its final decision upon each party and the Administrative Law Judge by first class mail or as otherwise provided by law.