STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1042

) SALON LICENSE NO. 22621 WILLIAM HAMILTON d/b/a ) PERSONAL LICENSE NO. 62291 BILL'S HAIR SHACK, )

)

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Whether the license of Respondent William L. Hamilton should be revoked, annulled, withdrawn or suspended for violation of Section 477.27(5) and 477.17, Florida Statutes, and the rules and regulations promulgated pursuant thereto, to-wit: 21F-3.01 in that said Respondent was charged with operating a cosmetologist salon without a salon license.

FINDINGS OF FACT

1. Respondent William L. Hamilton received notice of this hearing and in his election of remedies stated that the violation notice did not constitute a violation of law and sent a letter of explanation as to the violation notice and stated that he would not attend this hearing.

   
   

2. Inspector Madge Evans of the State Board of Cosmetology entered the salon operated by William L. Hamilton as Bill's Hair Shack in Palatka, Florida in which he was doing business without a salon license. Mrs. Evans notified the Respondent that he must apply for an obtain a salon license before operating a beauty salon and left an application form with Respondent.

   
   

3. On several occasions the inspector for the Board entered a place of business in which William L. Hamilton was operating a beauty salon without a salon license. The salon license is not transferable from location to location

   and each location that is to be used as a beauty salon must be certified by the Board and a salon license issued. Respondent Hamilton is not now operating a beauty salon under a valid beauty salon license and salon license No. 22621, which Respondent holds is now invalid inasmuch as the location has burned. He holds personal license No. 62269 which entitles him to practice cosmetology in the State of Florida.

   
   

   CONCLUSIONS OF LAW

   
   

4. Chapter 477, Florida Statutes, and the rules and regulations promulgated pursuant thereto require a salon license before a place of business can be operated as a beauty salon. Respondent William L. Hamilton did operate a beauty salon without paying the fees and securing a salon license.

RECOMMENDATION

Suspend the personal license No. 62269 of Respondent William L. Hamilton for a period of three months for violation of Section 477.15, Florida Statutes and 477.17(s).

DONE and ORDERED this 23rd 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

William L. Hamilton Route 1, Box 30

East Palatka, Florida 32301

Mrs. Mary Alice Palmer Post Office Box 9087 Board of Cosmetology

Winter Haven, Florida 33880

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AGENCY FINAL ORDER

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STATE OF FLORIDA

FLORIDA STATE BOARD OF COSMETOLOGY

FLORIDA STATE BOARD OF COSMETOLOGY,

Petitioner,

vs. CASE NO. 76-1042

SALON LICENSE NO. 22621 WILLIAM HAMILTON, d/b/a PERSONAL LICENSE NO. 62269 BILL'S HAIR SHACK,

Respondent.

/

FINAL AGENCY 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 dated August 2, 1976, a copy of which is attached hereto and incorporated herein by reference.

The State Board of Cosmetology, having reviewed the recommended penalty of the Hearing Examiner and considering the circumstances of this case, the State Board of Cosmetology feels that the recommended penalty is appropriate and therefore adopts the recommended penalty and imposes a suspension of the personal license for a period of three (3) months.

That the suspension shall be effective beginning on the 15th day of October, 1976, and shall terminate on January 14, 1977. That the Respondent shall deliver its license no. 62269 covered by this suspension by certified mail, return receipt requested, prior to the effective date of the suspension and the said license will be available for re-delivery to the Respondent at the State Board Administrative Office, 301 Avenue A, Southwest, Winter Haven, Florida, or will either be mailed at the option of the Respondent on the last day of the suspension period.

ENTERED this 28th day of September, 1976.

Violet Llaneza, Chairman

Florida State Board of Cosmetology

Copies Mailed To:

William L. Hamilton Route 1, Box 30

East Palatka, Florida 32301

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

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AMENDED AGENCY FINAL ORDER

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STATE OF FLORIDA

FLORIDA STATE BOARD OF COSMETOLOGY

FLORIDA STATE BOARD OF COSMETOLOGY,

Petitioner,

vs. CASE NO. 76-1042

SALON LICENSE NO. 22621 WILLIAM HAMILTON, d/b/a PERSONAL LICENSE NO. 62269 BILL'S HAIR SHACK,

Respondent.

/

AMENDED FINAL AGENCY ORDER

THIS CAUSE, coming on for review upon the application of WILLIAM HAMILTON, the 13th day of December, 1976, and the Florida State Board of Cosmetology previously having entered its Final Agency Order on September 28, 1976, requiring the suspension of the personal license of the Respondent, WILLIAM HAMILTON, from October 15, 1976 through January 14, 1977. Based upon the original envelope whereby WILLIAM HAMILTON was attempted to he served with a copy of the final agency order by certified mail, which reflects that the addressee did not receive the Final Agency Order, and the Respondent indicating that upon receipt of the recommended Order of the Hearing Examiner, dated August 23, 1976, he immediately ceased performing any cosmetology services under the assumption that his 90 day period of suspension began with the date of the Hearing Examiner's Recommended Order, the result of which has caused the Respondent, WILLIAM HAMILTON, to undergo a period of self-suspension which in duration is the same as that under the Final Agency Order.

The Board therefore feels that it would create an undue hardship and would inequitable, unjust and constitute an act of repression to adhere to the time period of suspension of the Final Agency Order, and therefore amends the date of the suspension period to run from August 23, 1976 through December 13, 1976, upon which date the Respondent's license shall be returned and he shall be lawfully entitled to practice and engage in the rendition of cosmetology services.

ENTERED this 18th day of January, 1977, nunc pro tunc December 13, 1976.

Violet Llaneza, Chairman

Florida State Board of Cosmetology

Copies Mailed To:

William L. Hamilton 2251 Rosselle Street

Jacksonville Florida 32205

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

Docket for Case No: 76-001042

Orders for Case No: 76-001042