STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension )

of the license of Elva G. Keough ) CASE NO. 75-516 as Manager of the Golden Touch Hair )

Stylist )

)

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 matters 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 Elva G. Keough as manager of the Golden Touch Hair Stylist on the grounds that on March 18, 1975 she did allow Molly J. Keene and James P. Fuller to practice cosmetology in her salon without the supervision of a master cosmetologist. Exhibit 1, receipt for Notice of Hearing, sent by certified mail, was admitted into evidence.

On an Election of Remedies form subscribed and sworn to on the 26th day of May, 1975, Ms. Keough entered a plea of not guilty and attached an explanation thereof. In explanation Ms. Keough stated that she was hired to work four days a week, Wednesday through Saturday inclusive, as a master cosmetologist. This did not include being designated manager. On the application for certificate of registration to operate a cosmetology salon, the name of Wilidene Murphy appears in the capacity of manager.

The inspector visited the Golden Touch Hair Salon on a routine inspection on March 18, 1975. Upon arrival she found two cosmetologists working on patrons and there was no master cosmetologist in the salon. One of the operators advised that there was no master cosmetologist on duty that day and that the person who was managing the shop had not been present for some three weeks due to illness. The owner of the shop is not a qualified operator. Ms. Keough indicated to the inspector that she was acting manager.

It is therefore concluded that at the time of the inspection there was no master cosmetologist present in the shop and the shop itself was guilty of a violation of Section 477.02(6), Florida Statutes. Whether this violation carries over to the manager, however, is another question. Ms. Keough has not been issued a license by the Board of Cosmetology to manage the salon. Nor is there any indication that the issuance of a Master Cosmetology license carries with it the requirement that they remain in a salon at all times.

From the foregoing it is concluded that Ms. Keough is not guilty as charged. It is therefore,

RECOMMENDED that the complaint be dismissed.

DONE AND 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 32304

Docket for Case No: 75-000516

Orders for Case No: 75-000516