STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1013

)

BERTHA STOCKTON, )

)

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, commencing at 2:30 p.m. in the Cosmetology Offices, 308 Avenue A, Southwest, Winter Haven, Florida.

APPEARANCES

For Petitioner: Ronald C. LaFace

Counsel for the Board of Cosmetology For Respondent: No appearance

Witness: Ms. Artie Leigh Mitchell ISSUE

1. Whether the certificate of registration of Respondent should be revoked, annulled, withdrawn or suspended.

   
   

2. Whether Respondent failed to display her certificate or registration in her salon.

FINDINGS OF FACT

1. Respondent held a salon registration certificate at the time of this violation. The salon certificate of registration was not displayed inasmuch as the certificate was for a salon from

   which Respondent had moved and Respondent had not secured a certificate for the salon in which she was operating.

   
   

2. Respondent has secured a certificate of registration to operate the beauty salon in which she is not operating.

   
   

3. The Notice to appear, Complaint, and receipt for certified mail was entered into evidence as Composite Exhibit 1 without objection.

   
   

   CONCLUSIONS OF LAW

   
   

4. Respondent violated Chapter 477, Florida Statutes, inasmuch as she failed to secure a certificate of registration for the salon into which she had moved and into which customers were invited.

RECOMMENDATION

Suspend the certificate of registration of the Respondent for a period of thirty (30) days or less.

August 29, 1975 (date) Delphine C. Strickland

Hearing Officer

Division of Administrative Hearings Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302

Ms. Artie Leigh Mitchell

427 Roosevelt Avenue Merritt Island, Florida

Ms. Bertha Stockton 1717-16th Street, South

St. Petersburg, Florida 33712

Ms. Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087

Winter Haven, Florida 33880

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

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

STATE OF FLORIDA

FLORIDA STATE BOARD OF COSMETOLOGY

STATE BOARD OF COSMETOLOGY,

Complaintant,

vs. CASE NO. 75-1013

BERTHA STOCKTON,

Respondent.

/

FINAL ORDER

The Florida State Board of Cosmetology adopts as part of the Agency's Final Order the conclusions of law, interpretation of Administrative Rules and findings of fact set forth in the Recommended Order of the Hearing Examiner dated August 29, 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 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. Bertha Stockton 1717 16th Street

St. Petersburg, Florida

Docket for Case No: 75-001013

Orders for Case No: 75-001013