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ELEVEN ELEVEN PA v. COM., BD OF COSMETOLOGY

No. 651 M.D. 2016.

169 A.3d 141 (2017)

ELEVEN ELEVEN PENNSYLVANIA, LLC, Petitioner v. COMMONWEALTH of Pennsylvania, STATE BOARD OF COSMETOLOGY; Ian J. Harlow, Commissioner of Professional and Occupational Affairs, in his official capacity; and Pedro A. Cortes, Secretary of the Commonwealth of Pennsylvania, in his official capacity, Respondents.

Commonwealth Court of Pennsylvania.

Decided: August 14, 2017.

Attorney(s) appearing for the Case

Adam M. Shienvold , Harrisburg, for petitioner.

Lindsey A. Bedell , Deputy Attorney General, Harrisburg, for respondents.

BEFORE: HONORABLE ROBERT SIMPSON, Judge, HONORABLE ANNE E. COVEY, Judge (P.), HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge.

Before us is Eleven Eleven Pennsylvania, LLC's (Petitioner) application for summary relief, seeking a declaration that the State Board of Cosmetology's (Board) regulation requiring a lavatory within a salon's square footage, 49 Pa. Code § 7.79 (Lavatory Regulation), is preempted by the Pennsylvania Construction Code...

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