STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension of )

the license of Ada Franco d/b/a La ReDona ) CASE NO. 75-543 Hairstyling. )

)

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 Ada Franco d/b/a La ReDona Hairstyling on the grounds that on January 29, 1975, she did allow William Henry Williams, a cosmetologist to practice cosmetology without a master cosmetologist present in violation of section 477.04, Florida Statutes. 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 May 23, 1975, Ada Franco entered a plea that the facts as alleged are true but she did not feel they constitute a violation of the law. In explanation of her plea Mrs. Franco indicated that the master cosmetologist at the station, Fran Freeman, was in charge of the ReDona salon at the time in question that she had an appointment for a permanent wave at 11:00 and a 2:00 appointment for a shampoo and set. But at approximately 1:45 p.m., Mrs. Freeman received a telephone call from the nursery stating that her baby was sick and she was to come and take him to the doctor. At that time, the master cosmetologist left the shop without calling Mrs. Franco and left the cosmetologist to take her appointment. The cosmetologist also failed to call Mrs. Franco. Mrs. Franco stated that she realized that this did not make the issue correct but that had she been aware that the master cosmetologist was leaving the cosmetologist alone, she would have sent a master operator to cover the salon.

From the foregoing it is concluded that Ada Franco d/b/a La ReDona Hairstyling is guilty of the charge as alleged, however, there were extenuating circumstances. It is therefore,

RECOMMENDED that Ada Franco d/b/a La ReDona Hairstyling be issued a letter reprimand.

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

(904) 488-0705

Docket for Case No: 75-000543

Orders for Case No: 75-000543