STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL REGULATION, )

(BOARD OF COSMETOLOGY), )

)

Petitioner, )

)

vs. ) CASE NO. 76-1043

) Salon License No. 21957 DANNIE RICHARDSON d/b/a ) Personal License No. 0051868 DANNIE'S BEAUTY SHOP, )

)

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: Dannie Richardson, in proper person ISSUE

Whether the personal and salon license of Respondent Richardson should be revoked, annulled, withdrawn or suspended because she did operate a cosmetology salon without a salon license or a proper sign identifying the salon.

FINDINGS OF FACT

1. Respondent pleaded nolo contendere on the election of remedies furnished by the Petitioner; however, Respondent Dannie Richardson appeared in proper person at this hearing.

   
   

2. As the result of a normal inspection trip by the State Board of Cosmetology's beauty salon inspector Ardie Smiley Collins found the Respondent Mrs. Richardson draping a patron for service in a non licensed beauty salon.

   
   

3. The beauty salon did not have a proper sign as required by the rules and regulations of the State Board of Cosmetology.

   
   

4. Subsequent to the inspection noted in Findings of Fact Number 2, Respondent Richardson secured and now holds a personal license number 0051868 and also holds a salon license number 21957. The administrative complaint filed

   by the Board notified the Respondent that the Board seeks to revoke, annul, suspend or withdraw the personal and salon license of Dannie Richardson.

   However, at the hearing a representative of the Board suggested that inasmuch as the offense of Respondent was a first offense, that in the opinion of the inspector a letter of reprimand would be sufficient to satisfy the objectives of the statutes, rules and regulations of the Board.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Florida State Board of Cosmetology under Chapter 477, F.S., and the rules and regulations promulgated pursuant thereto, F.A.C., Chapters 21, 22 and 28, filed an Administrative Complaint against Dannie Richardson doing business as Dannie's Beauty Shop. The act of the Respondent Dannie Richardson by serving a patron in a salon which did not carry the required salon designation and at a time when the Respondent Richardson had not yet secured a personal cosmetology license is a violation of the statutes and rules and regulations pertaining to cosmetologists. The violation is a first offense.

RECOMMENDATION

Dismiss the present complaint and warn Respondent that a violation of the state laws and regulations governing cosmetologists could jeopardize her personal and salon license.

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

Dannie Richardson

319 S. Childs Street Leesburg, Florida

Docket for Case No: 76-001043

Orders for Case No: 76-001043