Judges: DELPHENE C. STRICKLAND
Agency: Department of Business and Professional Regulation
Latest Update: Jan. 19, 1977
Summary: Whether the certificate of registration of Respondent should be revoked for a violation of Section 477.27(1), F.S., which makes it a midemeanor for the violation of any of the provisions of Section 477.02,F.S. Whether the license of Respondent should be revoked, annulled, suspended, or withdrawn for the violation of Section 477.15(8),F.S., inasmuch as Respondent failed to display her photograph with her certificate of registration in the salon.Suspend license one week for failure to display phot
Summary: Whether the certificate of registration of Respondent should be revoked for a violation of Section 477.27(1), F.S., which makes it a midemeanor for the violation of any of the provisions of Section 477.02,F.S. Whether the license of Respondent should be revoked, annulled, suspended, or withdrawn for the violation of Section 477.15(8),F.S., inasmuch as Respondent failed to display her photograph with her certificate of registration in the salon.Suspend license one week for failure to display photo with license.
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75-1014
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
STATE BOARD OF COSMETOLOGY, )
)
Petitioner, )
)
vs. ) CASE NO. 75-1014
)
BERNICE S. SMITH, )
)
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 2:50 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 ISSUES
Whether the certificate of registration of Respondent should be revoked for a violation of Section 477.27(1), F.S., which makes it a midemeanor for the violation of any of the provisions of Section 477.02,F.S.
Whether the license of Respondent should be revoked, annulled, suspended, or withdrawn for the violation of Section 477.15(8),F.S., inasmuch as Respondent failed to display her photograph with her certificate of registration in the salon.
FINDINGS OF FACT
Respondent holds Certificate No. 11680.
The Complaint, Notice of Hearing, and receipt of certified mail were offered into evidence as requested without objection and marked Exhibit 1.
Respondent failed to have her photograph with her certificate of registration after repeated warnings by the employee of the Board whose duty is to see that Chapter 477, F.S., and the rules and regulations promulgated thereunder are adhered to by those persons holding certificate of registration from the State Board of Cosmetology.
CONCLUSIONS OF LAW
Respondent violated Chapter 477, Florida Statutes and the rules and regulations promulgated thereunder inasmuch as she failed to display her photograph on her certificate of registration in the salon in which she was practicing the art of cosmetology.
RECOMMENDED ORDER
Suspend the certificate of registration of Respondent for one
(1) week.
August 29, 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 32302
Ms. Artie Leigh Mitchell
427 Roosevelt Avenue Merritt Island, Florida
Ms. Bernice S. Smith 949 West 10th Street Lakeland, Florida 33803
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
IN RE:
STATE BOARD OF COSMETOLOGY,
Petitioner,
vs CASE NO. 75-1014
BERNICE S. SMITH,
Respondent.
/
FINAL ORDER
The Florida State Board of Cosmetology adopts as part of the Agencys 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 undulyharsh in the circumstances of this case since the violation is a first offence and therefore reduces the recommended penalty in the Hearing Examiner's Order of one week suspension of cosmetologist's 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. Bernice S. Smith 949 W 10th St Lakeland, Florida
Docket for Case No: 75-001014
Orders for Case No: 75-001014
