STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension ) of the license of Rebecca Wooten d/b/a )

Becky's Hair Designs. Everglades City, ) CASE NO. 75-512 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, Fl., for the Board of Cosmetology.

By this complaint the Florida State Board of Cosmetology seeks to revoke, annul, withdraw or suspend the license of Rebecca Wooten d/b/a Becky's Hair Designs on the grounds that she did on January 29, 1975, in Everglades City, Florida, practice cosmetology without a valid Florida cosmetology license, and operate a cosmetology salon without a Florida cosmetology license in violation of Section 477.02(6), 477.02(1)(3), 477.15(8)(9), Florida Statutes. Exhibit 1, receipt of Notice of Hearing sent by Certified Mail, was admitted into evidence. In an Election of Remedies form subscribed and sworn to on the 12th day of June, 1975, Ms. Wooten pleaded guilty and attached an explanatory letter. In this letter she indicated that she was guilty in not renewing her license, but understood that she was required to submit a blood test and pap test before she could renew the license. She was waiting to have that done at the time the inspection was made. She obtained an occupation license but has never had a salon license during the three years she has been operating in Everglades City. Since she has operated the shop this is the first time she has been inspected.

The inspector testified that he had heard about this salon and went to Everglades City and found that Ms. Wooten had no state salon license. When he asked to see an operators license she showed him one that was expired.

Subsequent to the inspection she has obtained a salon license, and her operators license is now up-to-date. From the foregoing it is concluded that Rebecca Wooten d/b/a Becky's Hair Designs is guilty as charged. However, it is to be noted that violations of Sections 477.02(6), 477.02(1)(3) and 477.15(8)(9) F.S., constitute misdemeanors in the second degree which can be prosecuted only in the judicial system. No evidence of violation of Section 477.15(8)(9), Florida Statutes was submitted. It is further noted that Ms. Wooten is now current in her licenses and apparently is intending to so continue. 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

Docket for Case No: 75-000512

Orders for Case No: 75-000512