~ULATION AND CON~ENT O~

Transcription

1 SECRETARY STATEOFVE OF ONT SATE OFFCE OF PROFESSON REGUljATON' TATTOO ARTSTS AND B DY PEtCERS N RE: JEANNNE Y. BELLVEAU License No ) ) Docket o.: ULP-AT-O ULATON AND CONENT O STPULATON NOW COMES the State ofvennont, by and 1.ough St e Edward G. Adrian, and the Respondent, Jeannine Yo elliveauj who stipulate and agree as follows: 1'1 Authority 1. The Administrative Law Officer has jurisdiction t f hear the bharges in this case, adjudicate cases of unprofessional conduct, and/or im ose discipline pursuant to 3.S.A. 127, 129, 129a; 26 V.S.A to 4109; and the Rules of fhe Offic;e ofprofesslona1 Regulation. Statement of Facs 2, e R,espondent, Jeannine Y. Bellivea, i a licens t d"taoisti the State ofvennont holdng lcense number This lcense w s ongnajily ssued February 10, 2003 and is currently set to expire September 30, The Respondent, fonnerly of8t. Johnsbury, venn tnt, hasrt ided in Wells River, Vennont since February of p?r to moving to Wells River, Respondent was i e proprieior of a licensed tattoo. studo ill St. Johnsbury called "TaT -2- You." Respon ent closet her St. Johnsbury studio sometime in During an interview with OPR nvestigator Derek vertt on or about September 12, 2005, Respondent admitted to tattooing out of her res'dence in t.john;bury after her shop closed. The Respondent's residence in St. Johnsbury as not aicensed tattooing facility. Charges 6: he. acts, omissions and/or ccumstances describe r above,qonstitut(grounds for dscplme because Respondent volated: 1

2 i 26VSA 4102(c)(3)(Th,p=tk,oft,ttooing'h"lb,p'=iti'dottlYin regi'too"'op,) ii 26VSA4105(O)(No'hop'h.Jlop,mt'inthi""t,withoutfimre,,'teringwith th'offio'ofp,of,ion'l R'gul"iood p,ymg,fof'oooo) d iii '3VSA 129'W(3)(F'ilingtooomplywithpro"i'iOO'offoo"""",,t,",rut, o,ruk,gwomingth'p,octic,ofth,prof"'ionj Understanding$ 7. The Respondent understands that the A.L.O. must t eview daccep1[ the terms of the Order set forth below and that if the A.L.O. rej ectsal or any ;Jrtion of the Order, then this entire document shall be null and void. 8. esponden waives any notification period and. reqluests tatl this be hard at the next avalable meetng of the A.L.G. Respondent specficliywavds any clams that any disclosures made to the A.L.O. during the A.L.O.'s r f iew oftltlis agreement have prejudiced her rights to a fair and impartial hearing in future hearings if this agreement is not accepted by the A.L.G. 9. espondent has read and revieed this entire doct ent andagrees that it contains the entre agreement between the partes. 10. Respondent is not under the influence of any drugs or alcohol at th( time she signs this Stipulation mid Consent Order. 11. Respondent voluntarily enters into this agreeentaer. the oponity. to consult with legal counsel and has not been coerced by anyone mt sng ths Stpulaton and Consent Order. 12. Respondent voluntarily waives her right to a contsted hearing before the A.L.O. and waives any right to appeal from this Stipulation and qonsent Order. 13. Respondent agrees that the A.L.G. may enter thelorder set forth below ORDER Based upon the stipulation above, it is ORDERED AlND ADJ1UDGED as follows Professional Reiulation 9 Baldwin Sitreet A. Respondent's actions described above demonstrate ground for disl:.ipline because the Respondent violated: J r i. 26 V.S.A. 4102(c)(3) (The practice of tattooing thall be pennitted only in registered shops); ii. 26 V.S.A. 41 5( c) (No sho shall operte in this 1ate without first registering with the Professonal Regulation and payg a fee 01.1$100000)1; and

3 illites :ported iii. 3 V.S.A. 129a(a)(3)(Failing to comply with provisions of federal or state st rules governing the practice of the profession). or B. The Respondent's license to practice as a tattoo artist is hereby WARNED aj d Respondent is required to pay an ADMNSTRATVE PENALTY OF $500.0(] (FVE HUNDRED DOLLARS). Said penalty to be paid within a period of sixty (60) d ays from the date of entry of this order. C. This Stipulation and Consent Order is a matter of public record and may be rc other licensing authorities as provided in 3 V.S.A. 129(a). to D. This Stipulation and Consent Order will remain part et:pesf}enden1 2: --file -an<!- may be used lor purposes of determining sanctions in any future disciplinary man AGREED TO: STATE OFlvERMONT 1"\ Dated: M. - Dated: i.-.? "",,- By: JEANNNE Y. BELLVEAU RESPONDENT /, Jeannine Y. Be;tfiv.eau ;,..!' '-' STATE OF VEF.MONT APPROVED Dated:. By: Date of entry:!/ /;1 uji;:;-- LAW 'Michael Lipson, Esq. J ulp-tat.belliveau.stip Professional Re:ulation 3

4 SECRETARY OF STATE OFFCE OF PROFESSONAL REGULATON TATTOO ARTSTS AND BODY PE]RCERS NRE: JEANNNE Y. BELLVEAU License No ) Docket No.: ULP- T AT SlECFCATON OF CHG NOW COMES the State ofvennont and makes the ollowin Charges against the Respondent, Jeannine Y. Belliveau: Authority 1 The administrative officer has jurisdiction to he the charbesin tl1lis case, adjudicate cases of unprofessional conduct, and/or impose.sciplineursuant to 3 V.S.A. 127, 129, 129a; 26 V.S.A to 4109; an the Rules of the. 2. Failig to comply wit prvisions of fderal or S t ate statut t S?r rules governing the practce of the professon S unprofessonal cond ct upon hich the Board may base disciplinary action. 3 V.S.A. 129a(a)(3). 3 The practice of tattooing shall be pemlitted only [n registeted shops. 26 V. S.A, 4105(c)(3). 4. No shop shall operate in this state without first registering with the and paying a feeof$oo.oo. 26 y.s.a..4105(c). Statement of Facts 5. The Respondent, Jeannine Y. Belliveau, is a licensed tattooist in th,e State ofvernlont holding license number This license was originally issued February 10, 2003 and is currently set to expire September 30, The Respondent, fonnerly of St. Johnsbury, ve1ont, has resided in Wells River, Vennont since February of g 7. Prior to moving to Wells River, Respondent was the proprietor of a licensed tattoo studio. in S.t. Johnsbury called "TaT -2- You." Respotdent closbd her St. Johnsbury studio sometme n During an interview with OPR nvestigator Derek Evertt on or abolilt September 12, 2005, Respondent admitted to tattooing out of her residence ilt St. Johnsbury after her

5 "" Charges 9. The acts, omissions and/or circumstances descried above, constiulte grounds fol discipline because Respondent violated: i. 26 V.S.A. 4102(c)(3) (The practice offattooing shallbepennitted only in registered shops); ii. 26 V.S.A. 4105( c) (No shop shall operat in this state without first registering with the and paying a fee of$100.00); and iii. 3 V.S.A. 129a(a)(3) (Failing to comply ith provisions of federal or state statutes or rules governing the practice othe profession); Relief Requested WEREFORE, th license of Jeannine Y. Belliveap should be revoked, suspended, reprimanded, conditioned or otherwise disciplined. r-\f r,., r By: TATE OF VER1\o10NT -'ATE / // upl-tat.belliveau.soc / tate 2