Arizona Board of Cosmetology Disciplinary Actions

Arizona Board of Cosmetology disciplinary actions are given to cosmetologists with a license or certification in Arizona.  If the Board determines formal disciplinary action is necessary it will happen after the completion of an investigation. It’s the job of the Board to review any complaint alleging a violation of Arizona laws and regulations. Chelle Law’s Board of Cosmetology Attorneys has represented over 1,000 healthcare professionals before Arizona licensing boards. At Chelle Law, our attorneys have the experience to help cosmetologists with all Board of Cosmetology matters.

Thus, at a Board Meeting, the Board will vote to determine the outcome of each investigation.  The Board can vote on a non-disciplinary outcome or vote to offer the cosmetologist formal discipline.  Disciplinary actions can include:

• Dismissal
• Letter of Concern
• Letter of Reprimand
• Letter of Reprimand with Probation
• Stipulated Rehabilitation Agreement
• Decree of Censure with Probation
• Civil Penalty
• Nondisciplinary Order for Continuing Education
• Voluntary Surrender
• Suspension
• Revocation

Arizona Board of Cosmetology Non-Disciplinary Actions

• CASE DISMISSAL:  The Board may dismiss a complaint if they determine the information indicates there was not a violation of the rules of the Arizona Practice Act.  This outcome is not available to the public.
• ADVISORY LETTER: A letter from the Board expressing concern that the cosmetologist’s conduct was not ideal; however, the conduct does not necessarily violate the Practice Act or Board policy and no further contact is needed.  This will not affect future licensure or if the cosmetologist wishes to further their education. This is not shown on license verification.
• NON-DISCIPLINARY ORDER FOR CONTINUING EDUCATION: An order that dictates the cosmetologist must complete a number of hours of continuing education for specific topics.

Arizona Board of Cosmetology Unprofessional Conduct

• REVOCATION: If the Board revokes a cosmetologist’s license the cosmetologist will be unable to practice or get licensed again for a minimum of five years. After the five-year period of license revocation, the cosmetologist will need to reapply for their license. If the cosmetologist reapplies for licensure they must demonstrate the grounds for revocation (substance abuse, mental health problems, criminal convictions) has been rectified through an application program. This is a public document.
• VOLUNTARY SURRENDER: The cosmetologist voluntarily gives up their license. The benefit of this voluntary consent is that the Board is usually willing to reduce the amount of time until a cosmetologist can reapply. This is usually between two to three years.
• SUSPENSION: A suspension stops the cosmetologist from practicing. It prohibits any patient contact or services for a period of time until the Board lifts the suspension.
• PROBATION: The Board offers probation through a consent agreement. The consent agreement requires the cosmetologist do certain things (drug testing, work supervision, counseling, continuing education).  Alternatively, they may need to refrain from doing things (unsupervised Medical like home health, working under the Medical licensure compact, using alcohol, etc.) A request for the removal of probation will be needed.
• LETTER OF REPRIMAND: A letter of reprimand is the lowest level of formal discipline against a license or certificate. There are no probationary requirements. However, the action is on the website for five years for the public to inspect. A document removal will occur five years after signing.
• STIPULATED REHABILITATION AGREEMENT: An Agreement that dictates the cosmetologist must be monitored and complete rehabilitation. For instance, a cosmetologist found to have a substance abuse problem would be subject to drug testing, group or individual therapy, practice restrictions, and supervision.

Arizona Board of Cosmetology Complaint

Who can file an Arizona Board of Cosmetology Complaint against a cosmetologist? Patients, health care facilities, and other professionals, among others. When the State Board of Cosmetology receives a complaint, the Board initiates an investigation into the complaint (if the Board has jurisdiction and the Complaint isn’t dismissed). After this happens, the cosmetologist receives notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for cosmetologists as they must submit a response, and interview with the investigator while also possibly appearing at an Arizona Board of Cosmetology.

Responding to Practice Complaints and Investigations

After receiving an Arizona Board of Cosmetology Complaint or self-report, a cosmetologist receives a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, the Board of Cosmetology assigns an investigator to the complaint and they begin to collect evidence. The documents and evidence collected include:

• Patient medical records
• Employment files from the cosmetologist’s employer and business
• Criminal records
• Interviews of people associated with the Board Complaint (These interviewees can include the patient, medical director, colleagues, etc.)

Appeals of Arizona Board Decisions by Attorneys

It’s always disappointing when a cosmetologist receives an unfavorable decision from the Arizona Board of Cosmetology (“ABC“). However, cosmetologists in Arizona can benefit from understanding the process that goes along with Arizona Board of Cosmetology Appeals and hearings after a Board of Cosmetology Complaint is heard. If you are facing an unfavorable ABC outcome due to an Arizona Board of Cosmetology Disciplinary Action, you can always appeal the decision.

Filing an Appeal after a Cosmetology Board Meeting

The investigatory process and the appeal process work like this: The Arizona Board receives a complaint or initiates an investigation into the conduct of the cosmetologist.  Once the board receives a complaint or self-report they will then initiate an investigation. The purpose of this investigation is to give the ABC evidence to make a decision on whether or not a cosmetologist should face disciplinary action. If the cosmetologist receives an unfavorable decision, it is at this point they can then file an appeal and request a hearing with the Arizona Office of Administrative Hearing. An Administrative Law Judge will then oversee the appeal and the cosmetologist may need to attend a hearing. However, sometimes the investigation is automatically sent to a hearing or an informal settlement conference can be held.

Cosmetologist Administrative Appeal and Hearing Information

Any cosmetologist licensee may request a legal appeal of Arizona State Board Discipline to an administrative law judge with the Arizona Office of Administrative Hearings (OAH) which is located in Phoenix. In some instances, a case is sent automatically to OAH. The OAH hearing is conducted before an Administrative Law Judge (ALJ).  The administrative process is not as formal as a trial but is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening and closing argument which should explain why the judge should rule one way or the other. A cosmetologist’s attorney can cross-examine witnesses and testify on their behalf. After it is completed, the ALJ reviews the transcripts, and evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision.  If an individual feels there has been a mistake they can request a rehearing.

AZ State Board Application Denial Assistance

Applicants to the Arizona Board of Cosmetology who have a criminal history from years ago (like a DUI) or previous case discipline by the Arizona Cosmetology Board (or any other Podiatry Board) may be subject to denial of their application for licensure. Thus, those with a criminal or disciplinary history from other licensing boards will be investigated by the Arizona Cosmetology Board after receiving contact for an investigation.

Consultation with Chelle Law

If you’re interested in learning more about our Arizona Board of Cosmetology Attorney services and how to protect your license, set up a consultation with Chelle Law today.