EOPY COMMONWEALTH OF DEPARTMENT OF STATE BEFORE THE STATE BOARD OF COSMETOLOGY C3 5:3 In the Matter of Application for a . . Cl Cosmetologist License of Docket No. 1? mi -45-16 E: 3 L1: Sarah Burke, File No. 16?45- 13214 3, a Applicant 3P: ORDER GRANTING LICENSE ON PROBATION ?39 t?"vo- - r? I AND Now, this 6*an of November, 2016, the State Board of CosmetoIcigy Epon- consideration of the application of Sarah Burke (Applicant) for licensure as a cosmetologist, it is hereby ORDERED that the application of Applicant to sit for the cosmetologist licensure examination and upon her successful completion of the examination and submission to the Board of all required fees and documentation, a license to practice as a cosmetologist shall be GRANTED, and shall be immediately placed on PROBATION for no less than TWO YEARS beginning upon the issuance of Applicant?s license, subject to the following terms and conditions: GENERAL 1. Applicant shall abide by and obey all laws of the United States, the Commonwealth of and its political subdivisions and all rules and regulations and laws pertaining to the practice of the profession in this Commonwealth or any other state or jurisdiction in which Applicant holds a license to practice the profession. Summary traf?c violations shall not constitute a violation of this Order. 2. Applicant shall at all times cooperate with the Bureau of Professional and Occupational Affairs ("Bureau"), any of its agents or employees and the Bureau of Enforcement and Investigation and its agents and employees, in the monitoring, supervision and investigation of Applicant's compliance with the terms and conditions of this Order, including requests for, and causing to be submitted at Applicant?s expense, written reports, records and veri?cations of actions that may be required by the Bureau of Professional and Occupational Affairs. 3. Applicant shall not falsify, misrepresent or make material omission of any information submitted pursuant to this Order. 4. Applicant shall notify the Bureau of Professional and Occupational Affairs, in writing, within 5 days of the ?ling of any criminal charges against Applicant, the initiation of any other legal action pertaining to Applicant's practice of the profession, the initiation, action, restriction or limitation relating to Applicant by the professional licensing authority of any state or jurisdiction, or any other investigation, action, restriction or limitation relating to Applicant's privileges to practice the profession. 5. Applicant shall notify the Bureau of Professional and Occupational Affairs by telephone within 48 hours and in writing within 5 days of any change of Applicant?s home address, phone number, employment status, employer and/or change in practice. 6. Once Applicant has completed his criminal parole/probation Applicant shall provide the Board with documentation from the Clerk of Courts/Of?ce of Probation indicating that he has paid all ?nes, costs, and/or restitution, his parole/probation has been completed and the case ended. VIOLATION OF THIS ORDER 7. Noti?cation of a violation of the terms or conditions of this Order shall result in the TERMINATION of the period of probation, and an IMMEDIATE SUSPENSION of Applicant?s license(s) to practice the profession in the Commonwealth of as follows: a. The prosecuting attorney for the Commonwealth shall present to the Commission?s Probable Cause Screening Committee (?Committee?) a Petition that indicates that Applicant has violated any terms or conditions of this Order. b. Upon a probable cause determination by the Committee that Applicant has violated any of the terms or conditions of this Order, the Committee shall, without holding a formal hearing, issue a preliminary order terminating this probation and activating the suspension of Applicant?s license. Applicant shall be noti?ed of the Committee?s preliminary order within three business days of its issuance by certi?ed mail and ?rst class mail, postage prepaid, sent to the Applicant?s last registered address on ?le with the Board, or by personal service if necessary. Within 20 days of mailing of the preliminary order, Applicant may submit a written answer to the Commonwealth?s Petition and request that a formal hearing be held concerning Applicant?s violation of probation, in which Applicant may seek relief from the preliminary order activating the suspension. Applicant shall mail the original answer and request for hearing to the Bureau of Professional and Occupational Affairs? Prothonotary, 2601 North Third Street, Harrisburg, PA 17110, and a copy to the prosecuting attorney for the Commonwealth, as well as all subsequent ?lings in the matter. If the Applicant submits a timely answer and request for a formal hearing, the Board or a designated hearing examiner shall convene a formal hearing within 45 days from the date of the Prothonotary?s receipt of Applicant?s request for a formal hearing. Applicant?s submission of a timely answer and request for a hearing shall not stay the suspension of Applicant?s license under the preliminary order. The suspension shall remain in effect unless the Board or the hearing examiner issues an order after the formal hearing staying the suspension again and reactivating the probation. The facts and averments in this Order shall be deemed admitted and uncontested at this hearing. If the Board or hearing examiner after the formal hearing makes a determination against Applicant, a ?nal order will be issued sustaining the suspension of Applicant?s license and 8. imposing any additional disciplinary measures deemed appropriate. If Applicant fails to timely ?le an answer and request for a hearing, the Board, upon motion of the prosecuting attorney, shall issue a ?nal order af?rming the suspension of Applicant?s license. If Applicant does not make a timely answer and request for a formal hearing and a ?nal order af?rming the suspension is issued, or the Board or the hearing examiner makes a determination against Applicant sustaining the suspension of Applicant?s license, Applicant may petition the Board for reinstatement upon veri?cation that Applicant has complied with the Board?s order, abided by and obeyed all laws of the United States, the Commonwealth of and its political subdivisions, and all rules and regulations pertaining to the practice of the profession in this Commonwealth. Applicant?s failure to fully comply with any terms of this Order may also constitute grounds for additional disciplinary action. Nothing in this Order shall preclude the prosecuting attorney for the Commonwealth ?om ?ling charges or the Board from imposing disciplinary or corrective measures for violations or facts not contained in this Order. REINSTATEMENT 9. After completion of the two years of probation and completion of all criminal parole/probation, Applicant may petition the Board to reinstate Applicant?s license to unrestricted, non- probationary status. Unless there is pending action to suspend Applicant?s license in accordance with paragraph 7 of this order, the Board will administratively reinstate Applicant?s license to a non- probationary status, once Applicant has submitted the following items to Board Counsel: (1) A written request for reinstatement; (2) DOcumentation demonstrating that Applicant has completed her criminal parole/probation in the Clear?eld County criminal matter, as shown by the documentation required by paragraph 6; (3) A current Criminal History Record Information (a/k/a ?Criminal Record Check?) from the statewide governmental agencies of all states where Applicant has resided since December 19, 2014 (the date of her last conviction), compiled no more than three months prior to the petition for reinstatement; and (4) A signed veri?cation that Applicant has not practiced in violation of this Order. This order shall take effect immediately. BY ORDER: BUREAU OF PROFESSIONAL AND STATE BOARD OF OCCUPATIONAL AFFAIRS COSMETOLOGY i w? ?72 IAN J. HARLOW SUSANNE M. PHILO COMMISSIONER CHAIRMAN Applicant: Sarah Burke Punxsutawney, PA 15767 Prosecuting Attorney: Kenneth Suter, Esquire Board Counsel: Ariel O?Malley, Esquire Date of Mailing: November \53 . 301 to NOTICE The attached Final Order represents the ?nal agency decision in this matter. It may be appealed to the Commonwealth Court of by the ?ling of a Petition for Review with that Court within 30 days after the entry of the order in accordance with the Rules of Appellate Procedure. See Chapter 15 of the Rules of Appellate Procedure entitled ?Judicial Review of Governmental Determinations,? Pa. R.A.P 1501 1561. Please note: An order is entered on the date it is mailed. If you take an appeal to the Commonwealth Court, you must serve the Board with a copy of your Petition for Review. The agency contact for receiving service of such an appeal is: Board Counsel PO. Box 69523 Harrisburg, PA 17106?9523 The name of the individual Board Counsel is identi?ed on the Final Order. OFFICE OF GENERAL COUNSEL Ariel E. O?Malley aomalley@pa.gov Assistant Counsel SarahBurke November 15, 2016 Punxsutawney, PA 15767 Re: Final Order Granting Licensure on Probation: In the Matter of Application for Cosmetologist License of Sarah Burke File No. 16-45- 1 3 2 1 4 Dear Ms. Burke: Enclosed please ?nd a copy of a ?nal order issued in the above-referenced case. Best regardsAriel E. O?Malley, Counsel State Board of Cosmetology AEO Enclosure cc: Kelly Diller, Board Administrator State Board of Cosmetology 2601 NORTH 3RD STREET I P.O. Box 69523 I HARRISBURG, PA 17106-9523 who the of ivory DEPARTMENT OF STATE I OFFICE OF CHIEF COUNSEL COUNSEL DIVISION 1 momma while mum utm- PHONE: 717-783-7200 I FAX: 717-787-0251 Promoung hum.? ?cation?.