STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1050

)

HERTA HILL, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above-captioned matter, after due notice to the parties, at Fort Lauderdale, Florida, on June 29, 1976, before the undersigned Hearing Officer.

APPEARANCES

For Petitioner: Ronald C. LaFace, Esquire

Post Office Box 1752 Tallahassee, Florida 32302

For Respondent: No Appearance

STATEMENT OF THE ISSUE

The Respondent's alleged violation of Section 477.02(1)&(3), Florida Statutes, and Rule 21F-3.10, Florida Administrative Code.

PRELIMINARY STATEMENT

At the commencement of the hearing, counsel for the Petitioner stated that although the Administrative Complaint and Notice of Hearing had been mailed to the Respondent by Certified Mail on June 3, 1976, no receipt for same had been returned to evidence notification. The Petitioner thereupon requested that the case be continued pending receipt of such evidence. The motion was denied because of jurisdictional reasons stated below.

CONCLUSIONS OF LAW

1. The Petitioner charges the Respondent with violations of Section 477.02(1)&(3), Florida Statutes, and Rule 21F-3.10, Florida Administrative Code, for the practice of cosmetology by the Respondent in her home without being licensed by the State of Florida. Section 477.02(1), Florida Statutes, 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. Section 477.02(3), Florida Statutes, provides that it is unlawful for any person to serve as a cosmetologist under a registered cosmetologist without a certificate of registration as a registered cosmetologist issued by the Board. Rule 21F-

   3.10, Florida Administrative Code, requires cosmetology salons to display a sign bearing certain wording at the main entrance thereof.

   
   

2. By virtue of the alleged violation, the Petitioner seeks to take adverse action against the license of the Respondent. This is impossible since the Respondent has no license. The Petitioner's remedy, if any, is under the penal provisions of Chapter 477, Florida Statutes.

RECOMMENDATION

Upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that the alleged violations against the Respondent be dismissed.

DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida.

THOMAS C. OLDHAM, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of July, 1976.

COPIES FURNISHED:

Ronald C. LaFace, Esquire

P. O. Box 1752 Tallahassee, FL 32302

Ms. Herta Hill

126 S. W. 49th Street Cape Coral, FL

Docket for Case No: 76-001050

Orders for Case No: 76-001050