STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL REGULATION, )

(BOARD OF COSMETOLOGY), )

)

Petitioner, )

)

vs. ) CASE NO. 76-1038

) License No. 0081729

BRENDA J. LOPENZSKI, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice, this cause came before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, June 28, 1976 at 11:00 a.m. in the offices of the Board of Cosmetology, 308 Avenue A., Southwest, Winter Haven, Florida.

APPEARANCES

For Petitioner: Ronald C. LaFace, Esquire

101 East College Avenue Tallahassee, Florida

For Respondent: Brenda J. Lopsenzski,

in proper person

406 North Boyd Street Winter Garden, Florida

ISSUE

Whether the Respondent did practice cosmetology in her home without a valid salon license in violation of Section 477.02(1)(3), F.S. and Rule 21F-3.10, F.A.C.

FINDINGS OF FACT

1. Mrs. Brenda J. Lopsenzski is the holder of cosmetology license No. 0081729.

   
   

2. Mrs. Margaret L. Boswell, Inspector for the Board of Cosmetology, entered the home of Respondent at which time Respondent was shampooing a lady's hair in her home. The home was not properly equipped as a beauty salon at the time of the inspection b Mrs. Boswell and there were no patrons in the home other than the lady upon whose hair the Respondent was working.

   
   

3. The testimony of the Respondent which I believe to be the facts and which were not denied by the Inspector for the Board were as follows:

   Respondent held a junior license and in order to keep her skill and in order to do favors for a few friends, would style hair for these friends. She charged them no fee and "practiced" both for her

   benefit and the benefit of a few friends.

   
   

4. The actions of Respondent as shown by the testimony and evidence are not a violation of Chapter 477, F.S. or Rule 21F-3.10, F.A.C.

   
   

   CONCLUSIONS OF LAW

   
   

5. Section 477.02(1) provides that it is unlawful for any person to engage in the practice of cosmetology without a proper certificate issued by the Board of Cosmetology. Rule 21F-310, F.A.C., requires cosmetology salons to display a sign bearing certain wording at the main entrance thereon. The facts in this case do not show that Respondent actually was operating a beauty salon in her home without being certified as a cosmetologist or operating a beauty salon without a proper certificate.

RECOMMENDATION

Dismiss the complaint.

DONE and ORDERED this 5th day of August, 1976.

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

101 East College Avenue Tallahassee, Florida

Brenda J. Lopsenzski

406 North Boyd Street Winter Garden, Florida

Docket for Case No: 76-001038

Orders for Case No: 76-001038