STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1008

) CERTIFICATE OF REGISTRATION

VIRGINIA STRANG, ) NO. 73476

)

Respondent. )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on June 25, 1975, at 11:37

1. 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: Ms. Margaret Boswell For Respondent: No appearance.

   ISSUES

   
   

   Whether Respondent practiced cosmetology in her home without a salon certificate of registration.

   
   

   Whether the certificate of registration for a master cosmetologist held by the Respondent should be revoked.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent holds a valid certificate of registration as a master cosmetologist No. 73476.

   2. Respondent does not hold a certificate of registration for a salon.

      
      

   3. Respondent was practicing the art of cosmetology in her home which was not in compliance with the requirements of Section 477.24(7), Florida Statutes. Said residence would not be eligible for a salon registration.

      
      

      CONCLUSIONS OF LAW

      
      

   4. Chapter 477, Florida Statutes, requires that each person practice cosmetology in a place which meets the requirements delineated in Section 477.27(7), Florida Statutes. Respondent, Virginia Strang, violated said statutes by practicing the art of cosmetology in her home which was not constructed to meet the requirements of the statute.

      
      

   5. The State Board of Cosmetology may suspend or revoke any certificate of registration for the violation of any of the requirements of Section 477.27, F.S. Respondent violated said statute.

RECOMMENDED ORDER

Suspend the certificate of registration of Virginia Strang.

August 28, 1975 Date DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Ms. Virginia Strang

5 Lake Court Loop Silver Springs Shores Ocala, Florida

Ms. Margaret Boswell 3919 Decalve Drive Orlando, Florida

Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087 Winter Haven, Florida

Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida

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

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

STATE OF FLORIDA

FLORIDA STATE BOARD OF COSMETOLOGY

STATE BOARD OF COSMETOLOGY,

Petitioner,

vs. CASE NO. 75-1008

CERTIFICATE OF REGISTRATION

VIRGINIA STRANG, NO. 73476

Respondent.

/

FINAL ORDER

The Florida State Board of Cosmetology adopts as part of the Agency's Final Order the conclusion of law, interpretation of Administrative Rules and findings of fact set forth in the Recommended Order of the Hearing Examiner dated August 28, 1975, copies of which are attached hereto and incorporated herein by reference.

The State Board of Cosmetology feels that the recommended penalty would be unduly harsh under the circumstances in this case since the violation is a first offense and therefore reduces the recommended penalty in the Hearing Examiner's Order of 30 day suspension of salon license to the following:

Letter of Reprimand.

That the entry and publication of this Final Order shall constitute a reprimand or warning to the Respondent not to engage in a course of conduct in the future which would violate the Florida Cosmetology Law, Section 477, Florida Statutes or the Rules and Regulations of the State Board of Cosmetology.

A copy of this Final Order including the reprimand contained herein shall become a part of the Respondent's permanent files.

ENTERED the 22nd day of October, 1975.

Grace Bliss, Chairman

Florida State Board of Cosmetology

Copies Mailed to:

Ms. Virginia Strang

5 Lake Court Loop Silver Springs Shore Ocala, Florida

Docket for Case No: 75-001008

Orders for Case No: 75-001008