STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension of )

the license of Sue Dalton ) CASE NO. 75-596

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on June 23, 1975, at 2:30 p.m. in Suite 820, Barnett Bank Building, Tallahassee, Florida.

Appearances: Ronald C. LaFace,

Counsel for the Board of Cosmetology Post Office Box 1752

Tallahassee, Florida 32302

Nancy J. Gupton, Witness

22 Tallulah Avenue Jacksonville, Florida 32218

No appearance for Respondent ISSUE

1. Whether the Board can revoke, annul, withdraw or suspend the license and the licensee's right to practice.

   
   

2. Whether the Board has jurisdiction over Respondent.

   
   

3. Whether the Division of Administrative Hearings has jurisdiction over Respondent.

FINDING OF FACT

1. Respondent was practicing cosmetology as charged by the Board.

   
   

2. Respondent is not a registered licensed cosmetologist.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Respondent had no license to practice the art of cosmetology and therefore the Board had sought a remedy to which it is not entitled. The Board may seek injunctive relief against Respondent under Section 447.28, Florida Statutes, in a court of law for the violation of which Respondent was charged in this case. The Division of Administrative Hearings has no jurisdiction of this matter.

RECOMMENDED ORDER

Dismiss the Complaint.

Date JULY 14, 1975

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Ronald C. LaFace, Counsel for the Board Sue Dalton, Respondent

Executive Director, Board of Cosmetology

Docket for Case No: 75-000596

Orders for Case No: 75-000596