STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF )

COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1054

) JOSEPH H. GIORDANO, 1351 N.E. )

115 STREET, NORTH MIAMI BEACH, ) 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

P.O. Box 1752 Tallahassee, Florida

For Respondent: Joseph H. Giordano

ISSUE PRESENTED

Respondent's alleged violation of Section 477.02(6), Florida Statutes.

FINDINGS OF FACT

1. On June 19, 1975, Respondent, doing business as Parker Plaza Beauty Salon, 2030 S. Ocean Drive, Hallandale, Florida, held Certificate of Registration Number 0020316 issued by petitioner. (Stipulation)

   
   

2. On June 19, 1975, Petitioner's Inspector visited Respondent's place of business to check state licenses. An employee of Respondent, Nydia Daragan informed the Inspector that she had a license but had left it at home. In further conversation the employee stated that she had a New York license and intended to obtain a Florida license. At that time Respondent informed the Inspector that the employee had told him she possessed a Florida license. On the date in question the employee was observed manicuring a patron in Respondent's salon. (Testimony of Rubin).

   
   

3. Respondent testified as a witness and admitted the facts started in paragraph 1 above. He further stated that he had been in Florida for 25 years and had received no previous citations by Petitioner. (Testimony of Respondent).

   CONCLUSIONS OF LAW

   
   

4. Petitioner seeks to take adverse action against the Certificate of Registration of Respondent for violation of Section 477.02(6) for allowing Nydia Daragan to practice cosmetology without a valid Florida license on June 19, 1975. There is no dispute over the facts of the alleged violation. Section 477.02(6) provides that it is unlawful for any person to hire or employ any person to engage in the practice of cosmetology unless such person holds a valid Certificate of Registration or a work permit issued by Petitioner. Section

   477.03 (1)(f) includes manicuring as within the practice of cosmetology. It is thus concluded that Respondent violated Section 477.02(6). Section 477.15(8) provides that the commission of any offense described in Section 477.27 authorizes the Board to revoke or suspend the Certificate of Registration. Section 477.27(1) provides that the violation of any of the provisions of Section 477.02 is an offense. Accordingly, Petitioner is authorized to suspend or revoke Respondent's Certificate of Registration.

   
   

5. In the absence of any showing of prior offenses and taking into consideration that the employee in question was apparently qualified although unlicensed to perform manicures on patrons, it is considered that a written reprimand will serve the interests of justice in this case.

RECOMMENDATION

That Respondent Joseph H. Giordano be issued a written letter of reprimand 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

Joseph H. Giordano 1351 N.E. 115 Street

North Miami Beach, Florida

Docket for Case No: 76-001054

Orders for Case No: 76-001054