STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension of )

the license of Joyce Hrysenko, of ) CASE NO. 75-535 Hallandale, 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 16, 1975 in Ft. Lauderdale, Florida.

APPEARANCES: Ronald C. LaFace, Post 0ffice 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 Joyce Hrysenko on the grounds that on October 23, 1974, she did work on a patron of the Sandro di Roma Hair Salon without a Florida cosmetology license in violation of Section 477.02(1) and (3), Florida Statutes. Exhibit 1, a certified mail receipt with the attached envelope was admitted into evidence which indicated that service was not made on Joyce Hrysenko because the letter was unclaimed at the address to which it was forwarded.

It is noted that violation of Section 477.02(1) and (3), Florida Statutes, constitutes a misdemeanor in the second degree which can be prosecuted only 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.

K.N. AYERS Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

Docket for Case No: 75-000535

Orders for Case No: 75-000535