STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL REGULATION, )

(BOARD OF COSMETOLOGY), )

)

Petitioner, )

)

vs. ) CASE NO. 76-1041

) License No. 16292

1. W. LORICK, JR. ,d/b/a )

   LA MARICK BEAUTY SALON )

   )

   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: No appearance

   
   

   ISSUE

   
   

   Whether the Respondent did violate Section 477.02(6); 477.27(1) and Section 477.15(8), Florida Statutes, and the rules and regulations of the State Board of Cosmetology promulgated pursuant there to in that he did allow students to work in the La Marick Beauty Salon, a salon owned by licensee, prior to making application and/or renewing an application for such work from the Board of Cosmetology.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent F. W. Lorick, Jr. received notice of this hearing and filed his election of remedies stating no contest and that he did not plan to attend this hearing.

      
      

   2. Respondent does not personally work in the La Marick Beauty Salon, therefore employs a manager to manage the salon although it is licensed in the company's name. The company of which Respondent is president is one of a chain of beauty salons.

      
      

   3. Mrs. Madge Edwards, inspector for the State Board of Cosmetology, on or about February 24, 1976 entered Respondent Lorick's beauty salon and found a

      student working as a cosmetologist. The student was a non-licensed person who held no permit to work in a beauty salon. The inspector wrote a violation which is the subject of this hearing.

      
      

      CONCLUSIONS OF LAW

      
      

   4. Chapter 477, Florida Statutes, and the rules and regulations of the State Board of Cosmetology promulgated pursuant thereto prohibit any person to engage in the practice of cosmetology unless such person holds a valid unexpired and unrevoked certificate of registration to practice cosmetology or unless such person holds a permit to work issued by the Board to graduates of Florida cosmetology schools after requirements for examination have been filed with the Board. Students were allowed to work in the La Marick Beauty Salon owned by the Respondent F. W. Lorick, Jr., prior to an application being made for a work permit. Respondent F. W. Lorick, Jr., as president of La Marick Beauty Salon is therefore in violation of Chapter 477.026.

RECOMMENDATION

Advise the Respondent F. W. Lorick, Jr. that he is guilty of violating Chapter 477, Florida Statutes, and rules and regulations promulgated thereto and that if other violations occur, his license may be revoked, annulled, withdrawn or suspended.

DONE and ORDERED this 19th day of August, 1976 in Tallahassee, Florida.

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

Mr. F. W. Lorick, Jr., President La Marick Beauty Salon

2350 S. Ridgewood Avenue - Sunshine Mall South Daytona, Florida

Docket for Case No: 76-001041

Orders for Case No: 76-001041