Administrative Hearing Commission

Richard Maseles, Esquire

Cosmetologist’s license not subject to discipline due solely to her graduation from online high school or college.  Missouri Bd. of Cosmetology and Barber Examiners v. Nguyen, No. 10-2378 CB (Mo. AHC, May 4, 2012), Dandamudi, C.

When applying to take the cosmetology/manicuring examination, Nguyen indicated on her application that she received diplomas from Continental Academy and Rochville University for high school and college, respectively. After the board issued Nguyen a license, its investigator learned that both were unaccredited, online schools, and sought to discipline Nguyen’s license.

The commission declined to find grounds for discipline. The board failed to produce any direct evidence of Nguyen’s intent to defraud, deceive, or misrepresent. The evidence led to a more likely inference of ignorance rather than intent. There was no ground for discipline for violation of a law, because the board failed to cite the law that was allegedly broken. There was no ground for discipline for inducing the issuance of a license due to a material mistake of fact, as § 329.050.1(1) only requires an applicant to have completed tenth grade, and the facts did not establish whether or not Nguyen had completed that grade. Because Nguyen did not make any misrepresentations on her application, the commission found no violation of professional trust or confidence.