Judges: K. N. AYERS
Agency: Department of Business and Professional Regulation
Latest Update: Jan. 19, 1977
Summary: Complaint dismissed against cosmetologist operating without license because the alleged violation is a misdemeanor and remedy is in court.
75-0506.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: The revocation or suspension of )
the license of Carmen L. Ramirez ) CASE NO. 75-506
)
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 Carmen L. Ramirez on the grounds that on March 19, 1975 she did practice cosmetology on the person of Beatrice Berke without a Florida cosmetology license in violation of Section 477.02(1)(3), Florida Statutes. Exhibit 1, receipt for Notice of Hearing sent by certified mail, was admitted into evidence.
In an Election of Remedies form subscribed and sworn to on the 29th day of May, 1975, Ramirez pleaded not guilty and in explanation thereof she indicated that at the time of the reported violation she was under the impression that since she had a New York license and a set date to take the Florida examination it was all right for her to work. This is more in the nature of a plea in mitigation rather than a plea of not guilty. The inspector for the Board testified that Ramirez was working on a patron when he entered the salon.
From the foregoing it is concluded that Carmen Ramirez is guilty as alleged. However, it is to be noted that violation of Section 447.02(1)(3), Florida Statutes is a misdemeanor in the second degree and the jurisdiction to punish for this offense is vested solely in the judicial system. Accordingly, neither the Board nor the hearings officer has jurisdiction in this matter. 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: 75-000506
Orders for Case No: 75-000506
| Issue Date |
Document |
Summary |
|
Sep. 17, 1975 |
Agency Final Order
|
|
|
Jun. 03, 1975 |
Recommended Order
|
Complaint dismissed against cosmetologist operating without license because the alleged violation is a misdemeanor and remedy is in court.
|
