COMMONWEALTH OF PENNSYLVANIA · 1 Prior, the Board would issue final orders in which 2 they could...

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COMMONWEALTH OF PENNSYLVANIA 1

DEPARTMENT OF STATE 2

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS 3

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F I N A L M I N U T E S 5

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MEETING OF: 7

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STATE BOARD OF BARBER EXAMINERS 9

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TIME: 9:09 a.m. 11

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BOARD ROOM C 13

One Penn Center 14

2601 North Third Street 15

Harrisburg, Pennsylvania 17110 16

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Monday, June 26, 2017 18

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State Board of Barber Examiners 1 June 26, 2017 2

3 BOARD MEMBERS: 4 5 Ian J. Harlow, Commissioner of Professional and 6 Occupational Affairs 7 John C. Christopher, Professional Member, Chairman 8 Robert V. Vavro, Professional Member, Vice Chairman 9 Ginger Etter, Consumer Protection Member, Secretary 10 Ronald Gray, Jr., Professional Member 11 Margaret A. Moore, Public Member 12

Dominic A. Muniz, Professional Member 13 14 15 BUREAU PERSONNEL: 16 17 Dana Wucinski, Esquire, Board Counsel 18 Kenneth J. Suter, Esquire, Board Prosecution Liaison 19 Robert B. Armour, Esquire, Board Prosecutor 20 Timothy Smith, Esquire, Board Prosecutor 21 Caroline Bailey, Esquire, Board Prosecutor 22 Kelly I. Diller, Board Administrator 23 24 25 26

ALSO PRESENT: 27 28 Brendan Lynch, Staff Attorney, Community Legal 29 Services 30 Kelly Kolling, Director of Operations, Barber School 31 of Pittsburgh 32 Ken Jaram, President, Barber School of Pittsburgh 33 Mike Gent, Curriculum Coordinator, Department of 34 Corrections 35 Matt Schwalm, Barber Styling Institute 36 Joseph Cartwright, business manager of a barbershop in 37 Philadelphia Pennsylvania 38 39 40

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*** 1

State Board of Barber Examiners 2

June 26, 2017 3

*** 4

The regularly scheduled meeting of the State 5

Board of Barber Examiners was held on Monday, June 26, 6

2017. John C. Christopher, Chairman, called the 7

meeting to order at 9:09 a.m. 8

*** 9

Pledge of Allegiance 10

[The Pledge of Allegiance was recited.] 11

*** 12

Introduction 13

[Roll call was taken, followed by the introduction of 14

the audience members.] 15

*** 16

Approval of Minutes of the February 27, 2017 meeting 17

CHAIRMAN CHRISTOPHER: 18

Any questions on the meeting minutes 19

from the last meeting? Could I have a 20

motion on the floor to accept the 21

meeting minutes? 22

MR. VAVRO: 23

I make a motion to accept. 24



4

Second? 1

MR. GRAY: 2

Second. 3


All in favor, say aye. Opposed? The 5

ayes have it. 6

[The motion carried unanimously.] 7

*** 8

Report of Prosecutorial Division 9

[Kenneth J. Suter, Esquire, Board Prosecution Liaison, 10

welcomed the new Board members.] 11

*** 12

[Robert B. Armour, Esquire, Board Prosecutor, 13

presented the Consent Agreements for File Nos. 13-42-14

10472, 13-42-10473, 13-42-10474.] 15

*** 16

[Timothy Smith, Esquire, Board Prosecutor, presented 17

the Consent Agreement for File No. 13-42-06252.] 18

*** 19

Report of Board Counsel 20

[Dana Wucinski, Esquire, Board Counsel, noted matters 21

for the Board's discussion in Executive Session. 22

Ms. Wucinski noted House Bill 1123 and House Bill 23

1452 included in the agenda for the Board's 24

information. 25


5

She also noted that House Bill 1123 was a 1

reintroduction of the former House Bill 246, which 2

amends the Barbers’ License law, and would allow 3

licensed barbers with three years of experience or 4

licensed barber managers with one year of experience 5

to become barber teachers without examination. 6

House Bill 1452 amends the barber law to allow 7

barber services to be provided for events for 8

charitable purposes. 9

Ms. Wucinski will provide the new Board members 10

with copies of recusal guidelines and the new 11

Executive Order regarding the executive branch 12

employee gift ban.] 13

*** 14

Public Session 15

[Kelly Kolling, Director of Operations, Barber School 16

of Pittsburgh, commented on House Bill 1123. She 17

submitted a revision two weeks ago to be presented in 18

front of Mr. Mako. 19

Ms. Kolling addressed her concerns that 20

educational institutions have relating to the 21

automatic election of a teacher without examination 22

and suggested reducing the number of hours mandated 23

for teaching. She disagreed that individuals could 24

graduate from a cosmetology teaching program and 25


6

obtain a barber-teacher license and teach barbering 1

without barber trade knowledge. 2

Ms. Kolling also suggested the elimination of 3

apprenticeships regarding discrepancies between code 4

and law. The law does not state that an individual 5

can do an apprenticeship under a barber manager; 6

however, the code permits the same. 7

Ken Jaram, President, Barber School of 8

Pittsburgh, agreed with Ms. Kolling. Mr. Jaram 9

commented on a major shortage of barber-teachers. He 10

discussed preserving the integrity of barbering. 11

Mr. Jaram suggested a separation between 12

apprenticeship hours and barber schooling hours. 13

Matt Schwalm, Barber Styling Institute, discussed 14

House Bill 1123 and the cosmetology aspect. Mr. 15

Schwalm discussed cosmetologists obtaining their 16

cosmetology teacher license after completing a 17

cosmetology program. With a cosmetology teacher 18

license, House Bill 1123 permits a cosmetology teacher 19

to then continue their education in a cosmetology 20

school to acquire a barber-teacher license. 21

Mr. Schwalm noted that there are currently 3,220 22

active barbers in Pennsylvania and 2,998 barber 23

managers. 24

Chairman Christopher discussed the difference in 25


7

numbers between cosmetology and barbering. The total 1

number for barbers is less than 10,000, and 2

cosmetology has well over 100,000 in the Commonwealth 3

of Pennsylvania. Barber managers may be upgraded to a 4

barber-teacher after a minimum of five years of 5

experience, who then could be entrepreneurs and open a 6

school or multiple shops to assist in growing the 7

barber business and profession. 8

Mr. Schwalm discussed a cosmetologist or a barber 9

could either going to a barber school or a cosmetology 10

school to acquire their barber-teacher license with 11

strict teaching methods. Mr. Schwalm suggested 12

removing the apprenticeship program to motivate 13

barbers to acquire a barber-teacher license. 14

Ian J. Harlow, Commissioner of Professional and 15

Occupational Affairs, urged the public, Board members 16

or schools with a concern such as the language of the 17

bill to contact either their local state rep or 18

senator to facilitate that matter. 19

Commissioner Harlow explained the process for the 20

passage of bills. He suggested sharing all concerns 21

with him or with Counsel. 22

Ginger Etter, Secretary, Consumer Protection 23

Member, stated educational institutions have started 24

working with Representative Mako regarding the 25


8

rewriting and resubmission of the bill. 1

Ken Jaram mentioned House Bill 246 had barber 2

manager crossed out. House Bill 1123 does not contain 3

the term barber manager. Mr. Jaram stated upon 4

graduation from school and obtaining a temporary 5

license, an individual can work under a barber manager 6

or barber-teacher. There are not many barber 7

teachers. 8

Chairman Christopher stated there was discussion 9

to keep all three designations and that the barber 10

manager designation was not to be taken out.] 11

*** 12

Appointment – Brendan Lynch 13

[Brendan Lynch, Staff Attorney, Community Legal 14

Services, discussed complaints from confused barbers 15

regarding the right to sit for the barber exam. Mr. 16

Lynch suggested the Board not deny or revoke licenses 17

for felony convictions not related to the practice of 18

barbering, but to confine its denials or revocations 19

where the criminal activity directly related to 20

barbering. 21

Mr. Lynch pointed out a section of the 1979 22

Criminal History Record Information Act (CHRIA) as 23

cited by the Board in its decisions and final orders. 24

He stated 90 percent of employers conduct criminal 25


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background checks, which makes it very difficult to 1

obtain work. 2

Mr. Lynch noted that the United States Equal 3

Employment Opportunity Commission explained that a 4

neutral hiring policy can have a disparate impact. He 5

also noted Title VI of the Civil Rights Act of 1964 6

does apply to public entities. 7

Mr. Lynch presented felony conviction statistics 8

involving African Americans and Hispanics due to the 9

effects of our criminal justice system. He addressed 10

Senator Scavello’s memo wherein he stated, while 11

background checks have never been a part of licensing 12

for barbers and cosmetologists in the past, the 13

Department of State has now decided barbers and 14

cosmetologists should have to do a criminal background 15

check as a prerequisite of obtaining a license. For 16

careers that do not have a specific authorization to 17

do background checks in their practice act, the 18

Department of State would be prohibited from 19

implementing one. 20

This would protect against individuals seeking 21

licensure as barbers against discrimination based on 22

criminal background. Senator Scavello’s legislation 23

does not amend the law to end the existing 24

requirements. 25


10

Prior, the Board would issue final orders in which 1

they could declare that they were revoking a license 2

or denying an application under two types of 3

authority, both CHRIA and the law, that the Board was 4

created to enforce, which is the Barbers’ License Law, 5

the Act of 1931. He also noted the Kirkpatrick 6

decision. The Commonwealth Court explained that the 7

Barbers’ License Law does not give the Board authority 8

to deny or revoke a license based on a conviction 9

unless it is directly related to barbering. 10

Mr. Lynch suggested the Board start citing only 11

CHRIA because CHRIA permits the denial of licenses. 12

He urged the Board to write decisions which cite and 13

enforce the Barbers’ License Law. He emphasized the 14

Board has the power to only deny or revoke licenses 15

for acts that are directly connected to barbering and 16

to focus their efforts on making sure that when people 17

are in barber chairs they are having their hair cut by 18

someone who is licensed and skilled to cut their hair 19

properly and safely. He discussed ensuring proper 20

reentry and reintegration into the economy by 21

individuals leaving state correctional institutions.] 22

*** 23

Report of Commissioner 24

[Ian J. Harlow, Commissioner of Professional and 25


11

Occupational Affairs, updated the Board on the (IT) 1

Information Technology infrastructure and (PALS) 2

Pennsylvania Licensing System. Commissioner Harlow 3

anticipated completion by the end of this calendar 4

year or January of next year. This $2.5 million 5

project impacts all licensees across all Boards. 6

Commissioner Harlow welcomed two new Board 7

members.] 8

*** 9

Report of Board Chairman 10

[John C. Christopher, Professional Member, Chairman, 11

updated the Board on legislation regarding the use of 12

barbershop poles strictly for barbershop designations 13

in Pennsylvania.] 14

*** 15

Board Administrator 16

[Kelly I. Diller, Board Administrator, informed the 17

Board of new barber school licenses in Pottstown and 18

Lancaster and one relocation.] 19

*** 20

Miscellaneous 21

Next Meeting Date 22

[Chairman Christopher noted the next scheduled Board 23

meeting date as Monday, August 21, 2017.] 24

*** 25


12

Active License Barber Count 1

[Chairman Christopher informed the Board that there 2

are 3,220 licensed barbers in the Commonwealth, 2,998 3

barber managers, 40 barber schools, 2,384 barbershops, 4

270 barber teachers, and 145 temporary licenses for a 5

total of 9,058. 6

Chairman Christopher addressed term limits.] 7

*** 8

Other 9

2018 Tentative Board Meeting Dates 10

[Chairman Christopher discussed 2018 Board meeting 11

dates.] 12


Okay, if there are no issues with these 14

dates, if I could have a motion on the 15

floor to pass these dates tentatively. 16

MR. GRAY: 17

Motion. 18

MR. VAVRO: 19

Second. 20


Are there question? Everybody good with 22

it? All in favor, say aye. Opposed? 23

The ayes have it. 24



13

*** 1

National Association of Barber Boards of America 2

Conference 3

[Chairman Christopher discussed the National 4

Association of Barber Boards of America Conference to 5

be held September 17 through September 21, 2017, and 6

Board member attendance.] 7


Let’s take nominations. 9

MR. GRAY: 10

I’d like to nominate the Chair to go to 11

the conference, and I think we’re 12

entitled to two, correct? 13

14

MS. WUCINSKI: 15

Right. 16


Okay. Nominate Bob. Bob, do you want 18

to go? 19

MR. VAVRO: 20

That’s fine. 21


Any other nominations want to go or 23

interested? All those in favor. Could 24

we have a motion on the floor for that 25


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or second, whatever you want to do, 1

depending on how that works. 2

Just a regular vote, okay. All 3

those in favor of Bob and myself going, 4

please say aye. Opposed? The ayes have 5

it. 6


*** 8

[The Board recessed from 10:49 p.m. to 11:06 a.m.] 9

*** 10

[Pursuant to Section 708(a)(5) of the Sunshine Act, at 11

11:07 a.m. the Board entered into Executive Session 12

with Dana Wucinski, Board Counsel, and for the purpose 13

of conducting quasi-judicial deliberations on a number 14

of matters that are currently pending before the Board 15

and to receive advice of Counsel. The Board concluded 16

its Executive Session at 12:54 p.m.] 17

*** 18

MOTIONS 19

MS. WUCINSKI: 20

Having returned from Executive Session, 21

I believe the Board will entertain a 22

motion to adopt the Consent Agreement at 23

File Nos. 13-42-10472, 13-42-10473, and 24

13-42-10474. 25


15


Can I have a motion on the floor to 2

accept? 3

MR. GRAY: 4

Motion. 5


Second? 7

MS. ETTER: 8

Second. 9


All in favor? Opposed? The ayes have 11

it. 12

[The motion carried unanimously. The Respondent's 13

name is Wandy I. Tiburcio.] 14

*** 15

MS. WUCINSKI: 16


motion to adopt the Consent Agreement at 18

File No. 13-42-06252. 19


Motion on the floor to accept? 21

MR. GRAY: 22

Motion. 23


Second? 25


16

MR. VAVRO: 1

Second. 2


All in favor, say aye? Opposed? The 4

ayes have it. 5

[The motion carried unanimously. The Respondent's 6

name is Ramon A. Mateo.] 7

*** 8

MS. WUCINSKI: 9

Agenda Item 4 for Ramon Mateo, Motion to 10

Deem Facts Admitted at 13-42-06252, will 11

be tabled at this point. 12

*** 13

MS. WUCINSKI: 14


motion to adopt the draft Adjudication 16

and Order as final for Mel Johnson, 15-17

42-08956. 18


Motion on the floor to accept the 20

motion, accept the Adjudication? 21

MR. VAVRO: 22

Motion. 23


Second? 25


17

MR. GRAY: 1

Second. 2



ayes have it. 5


*** 7

MS. WUCINSKI: 8


motion to adopt the Hearing Examiner’s 10

proposed Adjudication and Order as final 11

for James Carden, File 16-42-02064. 12



MR. GRAY: 15

Motion granted. 16


Second? 18

MR. VAVRO: 19

Second. 20



ayes have it. 23


*** 25


18

MS. WUCINSKI: 1


motion to adopt the Hearing Examiner's 3


for Patrick Casey Carrick, File No. 16-5

42-14004. 6



MR. VAVRO: 9

Motion granted. 10


Second? 12

MR. GRAY: 13

Second. 14



ayes have it. 17


*** 19

MS. WUCINSKI: 20




for Christopher Diaz, File No. 16-42-24

06472. 25


19



MR. VAVRO: 3

Accept. 4


Second? 6

MS. ETTER: 7

Second. 8



ayes have it. 11


*** 13

MS. WUCINSKI: 14


motion to order Board Counsel to draft 16

an Adjudication and Order consistent 17

with the discussions in Executive 18

Session for Anthony Galvin, File No. 16-19

42-13892. 20



MR. VAVRO: 23

So moved. 24



20

Second? 1

MR. GRAY: 2

Second. 3


All in favor, say aye. Opposed? Motion 5

passed. 6


*** 8

MS. WUCINSKI: 9


motion to adopt, with changes as 11

discussed in Executive Session, the 12

proposed Adjudication and Order for the 13

Commonwealth of Pennsylvania, Bureau of 14

Professional and Occupational Affairs 15

vs. Virgus T. Kidd, File No. 16-42-16

00683. 17



MR. MUNIZ: 20

Motion. 21


Second? 23

MS. ETTER: 24

Second. 25


21


All in favor, say aye. All opposed, say 2

nay? Motion passed. 3


*** 5

MS. WUCINSKI: 6





for David Ledesma-Mendez, File No. 16-11

42-01331. 12


Motion on the floor to adopt? 14

MS. MOORE: 15

So moved. 16


Second? 18

MR. MUNIZ: 19

Second. 20



ayes have it. 23


*** 25


22

MS. WUCINSKI: 1




for the Commonwealth of Pennsylvania, 5

Bureau of Professional and Occupational 6

Affairs vs. Daniel Ortiz, File No. 15-7

42-10763. 8


Motion on the floor to adopt? 10

MS. MOORE: 11

So moved 12


Second? 14

COMMISSIONER HARLOW: 15

Second. 16



passed. 19


*** 21

MS. WUCINSKI: 22





23


for Terrence Zeppenfeldt, File No. 16-2

42-09928. 3


Motion to accept? 5

MR. VAVRO: 6

So moved. 7


Second? 9

MS. MOORE: 10

Second. 11



passed. 14


*** 16

MS. WUCINSKI: 17


motion to grant the application of Keith 19

Washington to sit for the barber 20

examination. Upon successful completion 21

of the examination, the applicant’s 22

license will be placed on probation for 23

no less than two years or for as long as 24

he is on criminal supervision. 25


24


Motion to accept? 2

MR. VAVRO: 3

So moved. 4


Second? 6

MS. MOORE: 7

Second. 8



ayes have it. 11


*** 13

MS. WUCINSKI: 14


motion to grant the application to sit 16

for the barber manager examination of 17

Salvador Pagan. Upon successful 18

completion of the examination, the 19

applicant’s license will be placed on 20

probation for no less than two years or 21

for as long as he is on criminal 22

supervision. 23




25

MR. MUNIZ: 1

Motion. 2


Second? 4

MS. ETTER: 5

Second. 6



ayes have it. 9


*** 11

MS. WUCINSKI: 12


motion to grant the application to sit 14

for the barber manager examination of 15

Anthony Williams, Hector Avilez, and 16

Ahmed Meyreles. Upon successful 17

completion of the barber manager 18

examination, the licensees will be 19

placed on probation for no less than two 20

years or for as long as they are on 21

criminal supervision. 22

The Board notes that Ahmed 23

Myreles, having already refused a 24

probation offer, shall be provisionally 25


26

denied; however, he may be offered a 1

probationary license a second time with 2

the same provisional denial letter. 3


Motion to adopt? 5

MS. MOORE: 6

So moved. 7


Second? 9

MR. GRAY: 10

Second. 11



passed. 14


*** 16

MS. WUCINSKI: 17


motion to grant the applications to sit 19

for the barber examination of Daren 20

Williams, Mark Collins, Christopher 21

Daves, Christopher Morris, and Frank 22

Toaltoan. Upon successful completion of 23

the barber examination, the licensees 24

will be placed on probation for no less 25


27

than two years or for as long as they 1

are on criminal supervision. 2


Motion to move. 4

MS. WUCINSKI: 5

I want to not a correction for the 6

record of No. 19, Daren Williams. I 7

previously indicated that he would be 8

granted and then placed on probation; 9

however, I believe the Board indicated 10

they will grant the application without 11

any restrictions. That is the same for 12

No. 18 for Solomon Montgomery. 13


Okay. Motion on the floor to accept. 15

MS. MOORE: 16

So moved. 17


Second? 19

MS. ETTER: 20

Second. 21



passed. 24



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*** 1

Adjournment 2


Could I have a motion to adjourn? 4

MR. VAVRO: 5

So moved. 6


Second? 8

MS. ETTER: 9

Second. 10


All in favor, say aye. Opposed? 12


*** 14

[There being no further business, the State Board of 15

Barber Examiners meeting adjourned at 1:05 p.m.] 16

*** 17

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CERTIFICATE 1

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I hereby certify that the foregoing summary 3

minutes of the State Board of Barber Examiners 4

meeting, was reduced to writing by me or under my 5

supervision, and that the minutes accurately summarize 6

the substance of the State Board of Barber Examiners 7

meeting. 8

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11

Adam Beck, 12

Minute Clerk 13

Sargent’s Court Reporting 14

Service, Inc. 15

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STATE BOARD OF BARBER EXAMINERS 1 REFERENCE INDEX 2

3 June 26, 2017 4

5 TIME AGENDA 6 7 9:09 Official Call to Order 8 9 9:10 Pledge of Allegiance 10 11 9:11 Roll Call 12

13 9:13 Approval of Minutes 14 15 9:15 Report of Prosecutorial Division 16 17 9:26 Report of Board Counsel 18 19 9:34 Public Session 20 21 10:10 Appointment – Brendan Lynch 22 23 10:33 Report of Commissioner 24 25 10:35 Report of Chairman 26

27 10:37 Report of Board Administrator 28 29 11:07 Executive Session 30 12:54 Return to Open Session 31 32 12:55 Motions 33 34 1:05 Adjournment 35 36 37 38 39 40

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COMMONWEALTH OF PENNSYLVANIA · 1 Prior, the Board would issue final orders in which 2 they could...

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Transcript of COMMONWEALTH OF PENNSYLVANIA · 1 Prior, the Board would issue final orders in which 2 they could...