STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-526

) GENE T. CALHOUN D/B/A BEAUTY ) HAIRUM )

)

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 17, 1975, in Miami, Florida.

APPEARANCES

For Petitioner: Ronald C. LaFace

Post Office Box 1752 Tallahassee, Florida

1. By this complaint, the Board of Cosmetology seeks to revoke, annul, withdraw or suspend the license of Gene T. Calhoun d/b/a Beauty Hairum on the grounds that on January 2, 1975, he did allow one Gloria Watt to practice cosmetology without the supervision of a master cosmetologist in his salon, in violation of Section 477.27(1), 477.15(8), and 477.02(4), Florida Statutes. Exhibit 1, receipt for Notice of Hearing sent by certified mail, was admitted into evidence.

   
   

2. Mr. Calhoun was not present at the hearing, however, on an Election of Remedies form subscribed and sworn to on May 30, 1975, he submitted a plea indicating the facts as alleged are true, but do not constitute a violation of the law. In his statement attached thereto he indicated that he was not in the salon at the time of the violation at 11:58 A.M. but was in the immediate area having lunch. He further indicated that there were no patrons scheduled until he was to return from lunch. He indicated that he maintained two salons and is trying his best to keep them open during a time of recession.

   
   

3. The inspector for the Board testified that upon his arrival in the salon there was no master cosmetologist present. He had checked into the appointment book which indicated that one Patricia Wheeler was the master cosmetologist who was scheduled to be on duty at that time. He waited for approximately fifteen minutes before Mr. Calhoun appeared. Checks of other days on the appointment book indicated that the cosmetologist was working without the presence of a master cosmetologist. While the inspector was at the salon, Patricia Wheeler arrived with her three children for a short visit. It was obvious that she was not working as the appointment book indicated, but was involved in another activity.

4. The inspector arrived at the salon around 11:15 A.M., and waited for approximately 15 or 20 minutes before Mr. Calhoun appeared. The violation was issued at approximately 11:50 A.M. During this time Mr. Calhoun made no comment regarding having lunch when he was called to come to the shop. From the foregoing, it is concluded that the respondent is guilty as alledged. It is further concluded that perhaps the respondent, Mr. Calhoun, is attempting to operate two salons with an inadequate number of master cosmetologists to supervise continuous operation in both salons. It is therefore,

RECOMMENDED that the license of N. T. Calhoun, d/b/a Beauty Hairum be suspended for a period of three months. It is further

RECOMMENDED that the license suspension be suspended for a probationary period of three months at the expiration of which, unless sooner vacated, the suspension be vacated without further action.

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

Docket for Case No: 75-000526

Orders for Case No: 75-000526