Whether Respondent is guilty of obtaining a license by means of fraud, misrepresentation or concealment, in violation of Section 475.25(1)(m), Florida Statutes (1997).Respondent failed to disclose conviction for driving under the influence on license application. Her explanation was insufficient, and therefore, she was found guilty of concealment. Mitigation was shown.

Whether Respondent violated Section 468.518(1)(j), Florida Statutes, as alleged in the Administrative Complaint, by treating or undertaking to treat human ailments by means other than by dietetics and nutrition practice, and Section 468.518(1)(g), Florida Statutes, by advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content.Nutrition counselor not permitted to practice reflexology; false advertis- ing; reprimand

as to DOAH Case Number 94-0966 Whether disciplinary action should be taken against Respondent's license to practice as hearing aid specialist based on a violation of Sections 484.056(1)(g), Florida Statutes (1991) by allegedly selling old, stolen hearing aids as new hearing aids as alleged in the Administrative Complaint.Hearing aid specialist made mistake in delivering wrong hearing aid device to client; negligence or miscondect not shown.

Whether Respondent violated Section 493.6118(1)(n), Florida Statutes, as alleged in Counts I, II, IV and V of the Administrative Complaint by subcontracting with individuals named therein to provide private investigative services at a time when they were not licensed as a Class "A" investigative agency. Whether Respondent violated Section 493.6118(1)(n), Florida Statutes, as alleged in Count III of the Administrative Complaint, by allowing an improperly licensed person, John Polk, to direct the activities of licensees, or exercise operational control over the regulated activities of Morse Security Group, Incorporated. Whether Respondent violated Section 493.6118(1)(s), Florida Statutes, as alleged in Count VI in the Administrative Complaint, by failing to report to the Department the termination of persons listed in that count. Whether Respondent violated Section 493.6118(1)(s), Florida Statutes, as alleged in the Administrative Complaint, by directing the activities of licensees, thereby acting as a manager, subsequent to the voluntary deactivation of his Class "C" private investigator's license and Class "M" private investigative/security agency manager's license. Whether Respondent violated Section 493.6118(1)(f), Florida Statutes, as alleged in the Administrative Complaint, by misrepresenting his agency by advertising in the Martindale-Hubbell Law Directory 1993, that his agency is "Florida's largest and oldest private investigative agency", when it is not. Whether Respondent violated Section 493.6118(1)(r), Florida Statutes, as alleged in the Administrative Complaint, by failing to certify the completion or termination of the internship of William J. Smithberger when he had the duty as a sponsor to do so.Named persons were employees of respondent; improperly licensed person did- not act as manager; principal did not ocnduct investigations while inactive.

Petitioner filed a motion for attorney's fees and costs, pursuant to Section 57.111, F.S. after Respondent voluntarily amended its report of abuse or neglect regarding Petitioner. The parties have stipulated that these three issues remain for disposition: Whether Petitioner is a "small business party", as defined in Subsection 57.111(3)(d), F.S.; Whether the underlying proceeding had a "reasonable basis in law and fact" at the time it was initiated by the agency Respondent; and Whether the fees and costs claimed by Petitioner are "reasonable and necessary". The parties wish to defer resolution of this final issue pending outcome of the prior two issues.No entitlement to fees after HRS amended child abuse report before hearing when agency had reasonable basis to initially determine abuse occured.