Arizona State Board of Cosmetology Deserves A Closer Look After Harassing Tucson Man

After KOLD ran the story about a Tucson man, Juan Carlos Montes de Oca, who was being investigated by the State Board of Cosmetology, Governor Doug Ducey intervened. Montes de Oca had come to the attention of the State Board of Cosmetology because he was giving free haircuts to the homeless.

The governor called the Board’s actions “outrageous” in a tweet, and followed up with a letter to the Board.

After the governor’s intervention, Montes de Oca told KOLD, “I found out they dismissed the charges and I was really elated and happy to hear that. I’m glad my community came together to support me and my mission. Hopefully other people can join in and do it too.”

Montes de Oca was unable to get his license after the Regency Beauty school closed its doors last September, according to the KOLD report.

Currently, Senator Gail Griffin, who is notorious for running or protecting protectionists bills, is sponsoring SB1130; hairstylist licenses; cosmetology. Griffin’s bill is cosponsored by Board member Clodfelter’s husband, Rep. Todd Clodfelter as well as her fellow Legislative District 14 (LD14) reps. Drew John and Becky Nutt.

Donna Aune, the Board’s executive director, is so far the only person to comment on the bill through the Legislature’s bill tracking system; ALIS. While Aune would not talk to KOLD about the investigation of Montes de Oca, she did tell the reporter that the Board stands by the words written in the state statute that says in part “A person shall not perform or attempt to perform cosmetology without a license or practice in any place other than in a licensed salon.”

What is the State Board of Cosmetology?

In the 2013 Performance Audit, the Auditor General noted:

The Board consists of seven governor-appointed members, including two cosmetologists, one nail technician, one instructor, one school owner, one educator who does not represent the cosmetology or nail technology industry, and one public member. Board members serve 3-year terms. The Board was appropriated 24.5 full-time equivalent staff positions for fiscal year 2013, of which 17 positions were filled as of July 2013.

The Board does not receive any State General Fund appropriations. Rather, its revenues consist primarily of license fees. A.R.S. §32-505 requires the Board to remit to the State General Fund 100 percent of all collected penalties and 10 percent of all other revenues. The Board’s fiscal year 2013 net revenues totaled approximately $2.8 million and its expenditures totaled more than $1.8 million. The Board’s fiscal year 2013 ending fund balance was approximately $3.9 million.

Given the fact that the Board spends considerable money on travel, and its money comes from license fees and fines, it is no wonder Montes de Oca came under attack, and Griffin is looking to guarantee a healthy revenue stream.