Judges: DELPHENE C. STRICKLAND
Agency: Department of Business and Professional Regulation
Latest Update: Jan. 19, 1977
Summary: Whether the Board can revoke, annul, withdraw or suspend the license of the licensee's right to practice. Whether the Board has jurisdiction over Respondent. Whether the Division of Administrative Hearings has jurisdiction over Respondent.The Division of Administrative Hearings (DOAH) has no jurisdiction to decide the case. Petitioner must seek relief in courts.
75-1003.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: State Board of Cosmetology, )
)
Petitioner, )
)
vs. ) CASE NO. 75-1003
)
Gloria Gann , )
)
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 10:40 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
Respondent: Gloria Gann ISSUES
Whether the Board can revoke, annul, withdraw or suspend the license of the licensee's right to practice.
Whether the Board has jurisdiction over Respondent.
Whether the Division of Administrative Hearings has jurisdiction over Respondent.
FINDINGS OF FACT
The Respondent was duly sworn.
Notice of Service was entered without objection and marked Exhibit 1. The Complaint with Election of Remedies attached thereto was entered into evidence as Exhibit 2 without objection.
Respondent was practicing cosmetology as charged by the Board.
Respondent is not a registered licensed cosmetologist.
CONCLUSIONS OF LAW
The Respondent had no license to practice the art of cosmetology and therefore the Board has 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 in this matter.
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:
Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida
Gloria Gann
178 Highland Street Cocoa, Florida
Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087
Winter Haven, Florida 33880
Docket for Case No: 75-001003
Orders for Case No: 75-001003
| Issue Date |
Document |
Summary |
|
Oct. 22, 1975 |
Agency Final Order
|
|
|
Aug. 27, 1975 |
Recommended Order
|
The Division of Administrative Hearings (DOAH) has no jurisdiction to decide the case. Petitioner must seek relief in courts.
|
