Judges: THOMAS C. OLDHAM
Agency: Department of Business and Professional Regulation
Latest Update: Oct. 06, 1977
Summary: Respondent's alleged violation of Section 477.02(6), Florida Statutes. Upon Motion of Petitioner, the name of the President of Respondent firm as shown in the Administrative Complaint was amended to reflect his correct name, Alfred Ditraglia.Suspend license of salon for allowing unlicensed person to practice.
76-1053.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
STATE BOARD OF COSMETOLOGY, )
)
Petitioner, )
)
vs. ) CASE NO. 76-1053
) ALFRED DITKOGLIA, PRESIDENT, ) AL STEPHENS, INC., 425 HOLLYWOOD ) MALL, HOLLYWOOD, FLORIDA )
)
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
For Respondent: Alfred Ditkoglia, President
ISSUE PRESENTED
Respondent's alleged violation of Section 477.02(6), Florida Statutes.
Upon Motion of Petitioner, the name of the President of Respondent firm as shown in the Administrative Complaint was amended to reflect his correct name, Alfred Ditraglia.
FINDINGS OF FACT
Respondent Corporation holds Certificate of Registration Number 21624 to operate a cosmetology salon which was issued on May 8, 1975, by Petitioner. (Stipulation).
On July 15, 1975, Petitioner's inspector visited Respondent's place of business and observed Carmen Victoria Jackson washing a customer's hair. On July 29, 1975, he observed her doing the same thing. She had informed him on July 15th that she had no state license. On July 29th she told him that the shampoo girl had not shown up for work and that is why she was washing a customer's hair. (Testimony of Rubin).
At the hearing, the employee testified that she had not been shampooing on either occasion mentioned by Petitioner's inspector. She asserted that on July 15th a customer had merely asked her to pass a towel to her and that while
she was doing so the Inspector entered the store. She claimed that on July 29th although customers were in the store, she was not working on them, but was merely taking towels to the back of the premises to wash them. (Testimony of Jackson).
CONCLUSIONS OF LAW
Petitioner seeks to take adverse action with respect to Respondent's salon license under the provisions of Section 477.02(6), Florida Statutes, which makes it unlawful for any person, firm or corporation to hire or employ any person to engage in the practice of cosmetology unless such person holds a valid unexpired and unrevoked Certificate of Registration or a work permit issued by Petitioner. Although Petitioner did not allege in its Complaint the statutory authority for taking action against Respondent's license as a result of the alleged violation of Section 477.02(6), no request for clarification was filed by Respondent or requested at the hearing. Respondent is considered to have been put on adequate notice as to the facts constituting the basis for the contemplated action. Substantial competent evidence establishes that Respondent's employee shampooed a patron's hair on July 29, 1975. Section 477.03(1)(c) provides that shampooing constitutes the practice of cosmetology. The said employee did not possess a valid certificate of Registration or Work Permit to engage in the practice of cosmetology. Accordingly, it is considered that Respondent violated Section 477.02(6).
Section 477.15(8) authorizes Petitioner to suspend or revoke a Certificate of Registration for the commission of any offense described in Section 477.27. Section 477.27 lists as an offense in Subsection (1) the violation of any of the provisions of Section 477.02. Accordingly, Petitioner is authorized to suspend or revoke Respondent's Certificate of Registration.
It is considered that, under the circumstances, the permitting of an unqualified employee to engage in the practice of cosmetology in violation of the law warrants suspension of Respondent's Certificate of Registration for a reasonable period.
RECOMMENDATION
That Respondent's Certificate of Registration Number 21624 to operate a cosmetology salon be suspended for a period of 30 days under the authority of Section 477.15(8), for violation of Section 477.02(6), Florida Statutes.
DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida.
THOMAS C. OLDHAM
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED:
Ronald C. LaFace, Esquire
P.O. Box 1752 Tallahassee, Florida
Alfred Ditraglia, President Al Stephens, Inc.
425 Hollywood Mall Hollywood, Florida
================================================================= AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA
FLORIDA STATE BOARD OF COSMETOLOGY
IN RE:
FLORIDA STATE BOARD OF COSMETOLOGY,
Petitioner,
vs. CASE NO. 76-1053
SALON LICENSE NO. 21624
ALFRED DITKOGLIA, PRESIDENT, AL STEPHENS, INC.,
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 July 28, 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 salon license of the Respondent for a period of thirty (30) days.
That the suspension shall be effective beginning on the first day of October, 1976, and shall terminate on October 30, 1976. That the Respondent shall deliver its license no. 21624 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 he mailed at the option of the Respondent on the last day of the suspension period.
ENTERED this 27th day of August, 1976.
Violet Llaneza, Chairman
Florida State Board of Cosmetology
Copies Mailed To:
Alfred Ditkoglia, President Al Stephens, Inc.
425 Hollywood Mall Hollywood, Florida
Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida
=================================================================
AMENDED AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA
FLORIDA STATE BOARD OF COSMETOLOGY
IN RE:
FLORIDA STATE BOARD OF COSMETOLOGY,
Petitioner,
vs. CASE NO. 76-1053
SALON LICENSE NO. 21624
ALFRED DITKOGLIA, President, AL STEPHENS, INC.,
Respondent.
/
AMENDED FINAL AGENCY ORDER
THIS CAUSE having come on for consideration before the State Board of Cosmetology on September 21, 1976, upon the Motion for Rehearing filed September 15, 1976, with respect to the Agency's Final Order entered on August 27, 1976, and the State Board of Cosmetology having reviewed the entire file with regard to this matter, including the personal appearance before the Board by ALFRED DITKOGLIA and Jerald C. Cantor, Esquire, as his attorney, and having considered the matters set forth in the Motion for Rehearing, and upon due consideration, enters the following amended final agency order:
The Florida State Board of Cosmetology previously had entered a Final Agency Order on August 27, 1976, which adopted as part of the Agency's Final Order the conclusions of law, interpretation of administrative rules and findings of fact set forth in the hearing examiner's Recommended Order dated July 28, 1976.
The State Board of Cosmetology, having reviewed the recommended penalty under the circumstances of this case, feels that to impose a penalty suspending the salon license would be unduly harsh, since the Respondent previously had never received either a violation or a warning or reprimand, and therefore, having considered the recommended penalty in the Hearing Examiner's Order, substitutes in lieu of said penalty a letter of reprimand.
The entry and publication of this Final Order shall constitute a reprimand or warning to the Respondent not to engage in a course of conduct in the future which would violate the Florida Cosmetology Law, section 477, Florida Statutes, or the Rules and Regulations, of the Florida State Board of Cosmetology. A copy of this Amended Final Agency Order, including the reprimand contained herein, shall become a part of the Respondent's permanent files.
ENTERED this 24th day of September, 1976, nunc pro tunc September 21, 1976.
Violet Llaneza, Chairman
Florida State Board of Cosmetology
Copies Mailed To:
Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida
Jerald C. Cantor, Esquire 2435 Hollywood Boulevard
Hollywood, Florida 33020 Attorney for Respondent,
Alfred Ditkoglia
Docket for Case No: 76-001053
Orders for Case No: 76-001053
