STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension )

of the license of Antoinette Rome, ) CASE NO. 75-507 Coral Gables. 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, Fl.

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 Antoinette Rome on the grounds that on March 8, 1975 she did practice cosmetology on the person Ms. M. Jaffey at Vanity Fair Beauty Salon, Hollywood, Florida, 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 28th day of May, 1975 Ms. Rome pleaded not guilty and in explanation thereof indicated that she had taken her examination on March 4, 1975 and had been advised by her instructor that she had passed the examination. She believed that she was able to work at that time and did not understand that until she had actually received her license, which she did receive on March 9, 1975, one day after the alleged violation, she was not eligible to work as a cosmetologist. The inspector for the Board acknowledged that the license had been received by Ms. Rome on March 9, 1975.

It is noted that violation of Section 477.02(1)(3), Florida Statutes constitutes a misdemeanor in the second degree which can be prosecuted only in the judicial system. Accordingly neither the Board nor the Hearing Officer has jurisdiction in this matter. It is therefore,

RECOMMENDED that the complaint be dismissed.

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

K.N. AYERS Hearing Officer

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

Docket for Case No: 75-000507

Orders for Case No: 75-000507