STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF )

COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1058

)

R. BASIL RUTTER, PRESIDENT d/b/a ) STEPPE'S OF FLORIDA, INC., )

Box 788, Athens, Ohio and )

1626 S. Federal Highway )

Boynton 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

Post Office Box 1752 Tallahassee, Florida

For Respondent: Helmut Wellmann, District Manager

ISSUE PRESENTED

Respondent's alleged violations of Rules 21F-3.02, 3.03 and 3.07, Florida Administrative Code.

During the course of the hearing, counsel for Petitioner withdrew the alleged violations of Rule 3.03 and 3.07, F.A.C.

FINDINGS OF FACT

1. Respondent Corporation operates a cosmetology salon at 1626 South Federal Highway, Boynton Beach, Florida under Certificate of Registration Number 11579 issued by Petitioner on May 14, 1971.

   
   

2. Petitioner's Inspector visited Respondent's salon on February 27, 1976 for a routine inspection. She discovered hair and soiled towels in cabinets at the various stations and observed that the carpeting was littered with hair. In addition, soft drink bottles and coffee cups were found in the area. Respondent's salon has been issued warnings in the past due to unclean conditions. The shop is now in a clean state. (Testimony of Padgett)

3. Respondent's manager testified that some of the employees are natives of Puerto Rico and Cuba and are unaccustomed to the sanitary requirements of the United States thus making it difficult to control conditions. He conceded that the shop was not in proper condition on the date in question merely because that day was a Friday and the shop was quite busy. (Testimony of Wellmann)

   
   

   CONCLUSIONS OF LAW

   
   

4. Petitioner seeks to suspend or revoke Respondent's salon license for having unsanitary conditions in its salon on February 27, 1976. Rule 21f-3.02 provides in part that "the walls, ceilings, furniture and equipment shall be kept clean and free from dust. Hair must be removed from the floor as soon as practicable and deposited in a closed container. Section 477.15(8), Florida Statutes authorizes Petitioner to suspend or revoke a Certificate of Registration for the commission of any offense described in Section 477.27. Section 477.27(12) makes it an offense to violate any rule or regulation officially made by the Board (Petitioner) in aid or furtherance of Chapter 477. The evidence establishes that Respondent violated Rule 21f-3.02 on February 27, 1976 by failing to keep furniture and equipment clean and for not removing hair from the floor as soon as practicable. Under the authority cited above, the Board is authorized to take adverse action against Respondent's license.

   
   

5. Although the violation is of a minor character it is noted that Respondent has been warned on prior occasions concerning the cleanliness of the salon. Accordingly, it is believed that it should be issued a formal written reprimand indicating that more stringent action will be taken in the future if another violation of a like nature is committed.

RECOMMENDATION

That Respondent be issued a formal written reprimand for violation of Rule 21f-3.02, Florida Administrative Code.

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

COPIES FURNISHED:

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

R. Basil Rutter, President Steppe's of Florida, Inc. Box 788

Athens, Ohio

Docket for Case No: 76-001058

Orders for Case No: 76-001058