STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-594

) LICENSE NO. 7150

SELIGMAN & LATZ, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, in Hearing Room 104, Collins Building, Tallahassee, Florida, at 2:00 p.m. on December 15, 1975.

APPEARANCES

For Petitioner: Ronald C. LaFace, Esquire

Post Office Box 1752 Tallahassee, Florida 32304

For Respondent: John R. Forbes, Esquire

137 E. Forsyth Street Jacksonville, Florida

ISSUE

Whether Seligman and Latz, Inc., d/b/a May Cohen Beauty Salon did operate a cosmetology salon without the presence and supervision of a master cosmetologist in violation of Sections 477.27(1), 477.15(8), and 477.02(4), Florida Statutes.

FINDINGS OF FACT

1. Notice of this hearing was duly served on Respondent and Counsel for both parties were present.

   
   

2. The Division of Administrative Hearings, Department of Administration has jurisdiction over the proceedings.

3. Respondent holds a current cosmetologist salon license Number 7150.

   
   

4. Two inspectors from the Board of Cosmetology entered the premises of the Respondent Seligman and Latz, Inc. late in the evening on September 19, 1974 and observed the Respondents' employee Joyce McClain practicing the art of cosmetology, to wit: combing out the hair of a customer. The employee, Joyce McClain, was not a master cosmetologist at the time. The inspectors for the Board observed the employee, discussed the violation with her and wrote a violation, presented it to her and left the premises, having inspected the area which was used as the public space in which the customers were invited and which the employees performed services for and on the customers. No master cosmetologist was in the room in which the employee, Joyce McClain, was arranging the hair of a customer and no master cosmetologist was in direct supervision of the salon at the time the inspectors were inspecting the salon as a part of their employment by the Board of Cosmetology.

   
   

5. The Hearing Officer further finds upon consideration of all the facts and the evidence that the violation by the employee, Joyce McClain, to wit: combing and arranging the hair of a customer while a master cosmetologist was not present and was not directly supervising the operation is contrary to the requirements of Section 477.04, F.S.

   
   

6. The Hearing Officer further finds that the time of the inspection was late in the day; that the Work being done by the cosmetologist, Joyce McClain, was not an inherently dangerous procedure; that the salon had master cosmetologists in its employment although said master cosmetologists were not in direct supervision of the cosmetologist at the time of the inspection; that the comb-out or combing and arranging of the hair of a customer is the practice of cosmetology as defined in Section 477.03(e), F.S.:

   
   

   "(e) Hairdressing or the arranging, waving, dressing, curling, cleansing, thinning, cutting, singeing, bobbing, bleaching, tinting, coloring, steaming, straightening, dyeing, brushing, beautifying or otherwise treating by any means the hair of any person."

   CONCLUSIONS OF LAW

   
   

7. The combing out and arranging of hair by the employee, Joyce McClain, while a master cosmetologist was not in direct supervision is a violation of Section 477.04, F.S., and such procedure is the practice of cosmetology defined in Section 477.03, Florida Statutes. The Respondent corporation is in violation of Section 477.02(4), F.S.

"(4) It shall be unlawful for any person, firm or corporation to operate a cosmetology salon unless such salon at all times be under the direct supervision and management of a registered master cosmetologist."

RECOMMENDATION

Suspend the license of Respondent or not less than one day and not more than thirty (30) days.

DONE and ORDERED this 29th day of January, 1976.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Ronald G. LaFace, Esquire Counsel for Petitioner

John R. Forbes, Esquire Counsel for Respondent

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA

FLORIDA STATE BOARD OF COSMETOLOGY

BOARD OF COSMETOLOGY,

Petitioner,

vs. CASE NO. 75-594

LICENSE NO. 7150

SELIGMAN & LATZ, INC.,

d/b/a May Cohen Beauty Salon,

Respondent.

/

RECOMMENDED ORDER

THIS CAUSE having come on for consideration before the Florida State Board of Cosmetology on April 13, 1976 upon the Motion for Rehearing filed March 17, 1976 with respect to the Agency's Final Order entered on March 9, 1976 and the State Board of Cosmetology having reviewed the entire file with regard to this matter, and considered the matters set forth in the Motion for Rehearing and upon due consideration enters the following Amended Final Agency Order:

The Florida State Board of Cosmetology previously had entered a Final Agency Order on March 9, 1976 which adopted as part of the Agency's Final Order, the conclusions of law, interpretation of Administrative Rules and findings of fact set forth in the Hearing Examiner's Recommended Order dated January 30, 1976.

The State Board of Cosmetology having reviewed the recommended penalty under the circumstances of this case the State Board of Cosmetology feels that to impose a penalty in excess of

15 days would he unduly harsh under the circumstances and therefore having considered the recommended penalty in the Hearing Examiner's Order imposes a suspension of the salon license for the period of 15 days.

That the Respondent in this cause shall have the exclusive option as an alternative to the 15 days' suspension set forth in the paragraph above and in full satisfaction thereof of paying a cost of proceedings assessment in the amount of $500.00 which shall be to help defray the cost incurred in conducting the proceeding. This assessment is not a fine and is not to be considered a fine for any purpose. In the event the Respondent elects at its option to pay the assessment, the Respondent shall deliver a cashier's or certified check payable to the Florida State Board of Cosmetology in the amount of $500 to 308 Avenue A, SW, Winter Haven, Florida 33880, on or before May 1, 1976.

That in the event the Respondent shall elect not to pay the cost of proceeding assessment and shall elect in lieu thereof to have its license suspended for a period of 15 days then the effective date of the suspension shall begin on the 1st day of May, 1976 and shall terminate on the 16th day of May, 1976. That the Respondent shall deliver its license number 7150 covered by this suspension by certified mail, return receipt requested prior to the effective date of the suspension and the said license may be picked up by the Respondent at the State Board Administrative Office, 308 Avenue A, SW, Winter Haven, Florida 33880 or will either be mailed at the option of Respondent on the last day of the suspension.

ENTERED this 19th day of April, 1976.

Herbert S. Garcia, Chairman Florida State Board of Cosmetology

Copies Mailed to:

John R. Forbes, Esquire

137 E. Forsyth Street Jacksonville, Florida

Docket for Case No: 75-000594

Orders for Case No: 75-000594