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Justringz-Century Iii Mall v. Bureau of Professional and

May 9, 2011

JUSTRINGZ-CENTURY III MALL, JUSTRINGZ-SOUTH HILLS VILLAGE MALL, SHAGUFTA PARVEEN, AND NIDA HASSAN, PETITIONERS
v.
BUREAU OF PROFESSIONAL AND : OCCUPATIONAL AFFAIRS, STATE BOARD : OF COSMETOLOGY, : RESPONDENT :



The opinion of the court was delivered by: Robert Simpson, Judge

Argued: April 4, 2011

BEFORE: HONORABLE DAN PELLEGRINI, Judge HONORABLE ROBERT SIMPSON, Judge HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge

OPINION BY JUDGE SIMPSON

In this administrative agency appeal, JuStringz-Century III Mall, JuStringz-South Hills Village Mall (JuStringz), Shagufta Parveen (Parveen) and Nida Hassan (Hassan) (collectively, Petitioners) ask whether the State Board of Cosmetology (Board) erred in determining they violated Section 2 of the Beauty Culture Law (Law),*fn1 by practicing cosmetology without a license. The Board determined Petitioners' practice of "eyebrow threading," which involves the removal superfluous facial hair, falls within the Law's definition of "cosmetology," and, therefore, requires a license. Petitioners assert the Board erred in determining eyebrow threading falls within the definition of cosmetology. Upon review, we affirm.

JuStringz operates kiosks throughout Pennsylvania where it offers eyebrow threading services for compensation. JuStringz employed Parveen and Hassan*fn2 to perform eyebrow threading services in the Century III and South Hills Village Malls, respectively, in the Pittsburgh area. Petitioners do not dispute they are not licensed under the Law.

The practice of eyebrow threading removes superfluous facial hair and is an alternative to waxing. Eyebrow threading consists of looping thread around facial hair and pulling that hair out using the thread. According to JuStringz' literature for its customers, eyebrow threading has been practiced since ancient times in the Indian subcontinent and in some parts of the Middle East.

After an investigation, an inspector for the Pennsylvania Department of State, Bureau of Enforcement and Investigation issued citations to Petitioners. The Bureau of Professional and Occupational Affairs (Bureau) imposed a $1,000 civil penalty against Sid Biranth, the listed owner of JuStringz at the time of the citations, for maintaining two unlicensed cosmetology salons*fn3 and assessed Parveen and Hassan civil penalties in the amount of $500 each for practicing cosmetology without licenses.

Petitioners requested a hearing. The Bureau consolidated the citations and held a hearing. At the hearing, JuStringz, represented by counsel, offered the testimony of several corporate representatives and a licensed cosmetologist. Parveen and Hassan did not attend the hearing.

After the hearing, the hearing examiner issued an order sustaining the citations. Petitioners filed an application for administrative review, which the Board denied. Petitioners then appealed to this Court.

On appeal,*fn4 Petitioners generally assert the Board erred in determining the practice of eyebrow threading is within the purview of the Law so as to require a cosmetology license.

Section 1 of the Law states:

"Cosmetology" includes any or all work done for compensation by any person, which work is generally and usually performed by cosmetologists, which work is for the embellishment, cleanliness and beautification of the human hair, such as arranging, braiding, dressing, curling, waving, permanent waving, cleansing, cutting, singeing, bleaching, coloring, pressing, or similar work thereon and thereabout, and the removal of superfluous hair, and the massaging, cleansing, stimulating, manipulating, exercising, or similar work upon the scalp, face, arms or hands, or the upper part of the body, by the use of mechanical or electrical apparatus or appliances or cosmetics, preparations, tonics, antiseptics, creams or lotions, or by any other means, and of manicuring the nails, which enumerated practices shall be inclusive of the term cosmetology but not in limitation thereof. The term also includes the acts comprising the practice of nail technology, natural hair braiding and esthetics.

63 P.S. §507 (emphasis added).

Petitioners first argue eyebrow threading is not "generally and usually performed by cosmetologists;" therefore, the Board erred in determining eyebrow threading is included in the definition of cosmetology. Petitioners argue the practice of eyebrow threading is rare, and the subject is not included in the curriculum at cosmetology schools. Certified Record (C.R.), Item #23, Notes of the Testimony (N.T), 12/03/09, at 63, 67-69, 91, 118-119.

The definition of cosmetology is to be liberally construed. 1 Pa. C.S. ยง1928; Diwara v. State Bd. of Cosmetology, 852 A.2d 1279 (Pa. Cmwlth. 2004). The object of statutory construction is to ascertain and effectuate the Legislature's intent and to give effect to all of a statute's provisions. 1 Pa. C.S. ...


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