Judges: DELPHENE C. STRICKLAND
Agency: Department of Business and Professional Regulation
Latest Update: Jan. 19, 1977
Summary: Whether Respondent practiced cosmetology in a salon in Florida without a cosmetologist license as required by Chapter 477, Florida Statutes. Whether the Board has jurisdiction over Respondent. Whether the Division of Administrative Hearings has jurisdiction over Respondent.Respondent cited for unlicensed practice of cosmetology. Recommend dismissal. Petitioner must seek relief in courts. The Division of Administrative Hearings (DOAH) has no jurisdiction.
75-1000.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: State Board of Cosmetology, )
)
Petitioner, )
)
vs. ) CASE NO. 75-1000
)
Carrie Shingles, )
)
Respondent. )
)
RECOMMENDED ORDER
After due notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on June 25, 1975, at 10:13 a.m. in the Cosmetology Offices at 308 Avenue A, Southwest, Winter Haven, Florida.
APPEARANCES
For Petitioner: Ronald C. LaFace
Counsel for the Board of Cosmetology
Witness: Artie Leigh Mitchell Respondent: Carrie Shingles Witness: Bernice Benbow
ISSUES
Whether Respondent practiced cosmetology in a salon in Florida without a cosmetologist license as required by Chapter 477, Florida Statutes.
Whether the Board has jurisdiction over Respondent.
Whether the Division of Administrative Hearings has jurisdiction over Respondent.
FINDINGS OF FACT
Respondent was practicing cosmetology by shampooing the hair of a customer of Bernice Benbow d/b/a Bernice's Beauty Salon at a time when Respondent, Carrie Shingles had no certificate to practice cosmetology. Respondent admitted she was not a registered cosmetologist; that she did shampoo the hair of a customer in Bernice's Beauty Salon; that she performed such work without the permission of Bernice Benbow, the owner of the salon; that she did not know said action was contrary to the Florida Statutes or the rules and regulations of the Board of Cosmetology.
Notice of Service was entered without objection and marked Exhibit 1.
The witnesses were duly sworn
CONCLUSIONS OF LAW
The Division of Administrative Hearings has no jurisdiction in this matter. The Board may seek relief against Respondent under Section 477.28, Florida Statutes, in a court of law for the violation of which Respondent was charged in this case.
RECOMMENDATION
Dismiss the complaint.
August 27, 1975 date DELPHENE C. STRICKLAND
Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED:
Ms. Bernice Benbow 702 Magnolia Street Cocoa, Florida
Ms. Carrie Shingles 606 Poinsett
Post Office Box 1752 Tallahassee, Florida 32302
Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302
Ms. Artie Leigh Mitchell
427 Roosevelt Avenue Merritt Island, Florida
Ms. Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087
Winter Haven, Florida 33880
Docket for Case No: 75-001000
Orders for Case No: 75-001000
| Issue Date |
Document |
Summary |
|
Oct. 22, 1975 |
Agency Final Order
|
|
|
Aug. 27, 1975 |
Recommended Order
|
Respondent cited for unlicensed practice of cosmetology. Recommend dismissal. Petitioner must seek relief in courts. The Division of Administrative Hearings (DOAH) has no jurisdiction.
|
