STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension )

of the license of Karen Kennedy d/b/a ) CASE NO. 75-504 Phyllis Beauty Salon, Ft. Myers, Florida )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings by its duly designated hearing officer, K.N. Ayers, held a public hearing on the above matter on June 17, 1975, in Ft. Lauderdale, Florida.

APPEARANCES: Ronald C. LaFace, Post Office Box 1752, Tallahassee, Florida, for the Board of Cosmetology.

By this complaint the Florida State Board of Cosmetology seeks to revoke, annul, withdraw or suspend the license of Karen Kennedy d/b/a Phyllis Beauty Salon on the allegation that on February 26, 1975, she did operate a beauty salon without a Florida cosmetology salon license in violation of Section 477.15(8), Florida Statutes. Exhibits 1 and 2, which show that attempted delivery of service of process and service of the notice of charges was unsuccessful on two occasions, were admitted into evidence.

On February 26, 1975, the Board Inspector visited Phyllis' Beauty Salon because someone had advised him that Mr. Rizzuto was no longer in business. Upon arrival, Mrs. Kennedy was not present but came in a short time later and could produce no salon license. The inspector has subsequently determined that the salon is no longer in Mrs. Kennedys' name and has reverted to the original owner who is properly licensed.

From the foregoing it is concluded that actual service was never made. It is further concluded that the allegation in this complaint involves the commission of a misdemeanor which can be tried only in the judicial system and not by an administrative body. It is therefore,

RECOMMENDED that the complaint be dismissed.

ENTERED this 3rd day of June, 1975, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-0705

Docket for Case No: 75-000504

Orders for Case No: 75-000504