STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension of )

the license of Zoe Mann ) CASE NO. 75-533

)

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: 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 Zoe Mann on the grounds that on February 21, 1975, she did work on a patron in her home without a Florida Cosmetology or salon license in violation of Section 477.27(7)(8)(12), Section 477.23(2), Section 477.15 (8), and Section 477.03 (1)(20), Florida Statutes.

Exhibit 1, receipt for Notice of Hearing sent by certified mail, was admitted into evidence.

In an Election of Remedies form submitted and sworn to on May 27, 1975, Sophie (Zoe) Mann entered a plea that the facts are true but do not constitute a violation of law. To support this contention, she submitted a copy of her master cosmetology license and stated that she lives in a community of many retired and talented older people. In return for providing certain cosmetology services to some of her friends they occasionally do her favors such as baking bread, knitting sweaters, hemming dresses, sewing clothes for Barbie dolls, giving her fish, etc. She indicated there was no exchange of money and she did not do this as a business.

The Inspector for the Board testified that on February 21, 1975, in response to a telephone call that Mrs. Mann would be working in her home that morning she visited the residence of Mrs. Mann. Upon her arrival, Mrs. Mann was working on one individual, had one under a dryer and one was waiting to be worked on.

In rebuttal Mrs. Mann stated that the people observed by the inspector were ill and she did not see any difference in working on an ill person in a convalescent home or working on the person in the home of the convalescent. She stated the people on whom she was practicing cosmetology had various and sundry illnesses. One was in a brace and the others were in a similar convalescent type condition and purportedly unable to go to a beauty salon.

From the foregoing it is concluded that Mrs. Mann was operating without a salon license in violation of Section 477.23(7) and Art 21 F-3.01 F.A.C. The violation of Section 477.23 Florida Statutes is a misdemeanor in the second degree. The jurisdiction to punish for misdemeanors is vested solely in the judicial system. Accordingly, neither the Board nor the hearing officer has jurisdiction in the matter. It is therefore,

RECOMMENDED that the complaint be dismissed.

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

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building

1230 Apalachee Parkway Tallahassee, Florida (904) 488-0705

Docket for Case No: 75-000533

Orders for Case No: 75-000533