Judges: K. N. AYERS
Agency: Department of Business and Professional Regulation
Latest Update: Jan. 19, 1977
Summary: Respondent caught practicing cosmetology without a license is not under the jurisdiction of either hearing officer or board. Dismiss complaint.
75-0525.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
BOARD OF COSMETOLOGY )
)
Petitioner, )
)
vs. ) CASE NO. 75-525
) LORRAINE McCORMICK HITCHCOCK, )
)
Respondent. )
)
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 16, 1975, in Ft. Lauderdale, Florida.
APPEARANCES
For Petitioner: Ronald C. LaFace
Board of Cosmetology Post Office Box 1752 Tallahassee, Florida
For Respondent: No appearance
By this complaint, the Board seeks to revoke, annul, withdraw or suspend the license of Lorraine McCormick Hitchcock on the grounds that on December 31, 1974, she did practice cosmetology on a Dianne Osmond without having a Florida cosmetology license in the Hair Hub Beauty Salon in Pompano Beach, Florida, in violation of Section 477.02(1) and (3), Florida Statutes. Ms. Hitchcock was not present at the hearing, but on an Election of Remedies form submitted a plea of not guilty and a statement which was considered by the Hearing Officer, Exhibit 1, receipt for Notice of Hearing sent by certified mail, was admitted into evidence.
The inspector for the State Board of Cosmetology visited the salon in question on December 31, 1974. Upon his entry he noticed Ms. Hitchcock in the middle of a comb out of the hair of one Dianne Osmond. He asked her name and to see her license. She stated that she did not have a license, did not work there, and was only combing the hair of a friend.
Violations of Section 477.02, Florida Statutes constitutes a misdemeanor in the second degree, the jurisdiction over which is vested solely in the judicial system. Accordingly, neither the Board nor the Hearing Officer has jurisdiction to consider this complaint. It is therefore,
RECOMMENDED that this complaint be dismissed.
DONE and ENTERED this 3rd day of July, 1975.
K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
Docket for Case No: 75-000525
Orders for Case No: 75-000525
| Issue Date |
Document |
Summary |
|
Sep. 17, 1975 |
Agency Final Order
|
|
|
Jul. 03, 1975 |
Recommended Order
|
Respondent caught practicing cosmetology without a license is not under the jurisdiction of either hearing officer or board. Dismiss complaint.
|
