STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF )

COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1063

)

MOURINE WITMER )

d/b/a MOURINE'S OF PALM BEACH )

261 Sunrise Avenue )

Palm 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: None

ISSUE PRESENTED

Respondent's alleged violation of Sections 477.02(4), 477.27(1) & 477.15(8), Florida Statutes.

FINDINGS OF FACT

1. Respondent operates a cosmetology salon, Mourine's of Palm Beach, located at 261 Sunrise Avenue, Palm Beach, Florida, under Certificate of Registration to operate a cosmetology salon No. 18118 OB.

   
   

2. Petitioner's inspector visited Respondent's salon at 1:30 P.M. on April 23, 1976 at which time she found Respondent working on two patrons. Respondent is not a master cosmetologist and informed the Inspector that her master cosmetologist was out to lunch. After the Inspector has remained on the premises for approximately 45 minutes Respondent stated that the master cosmetologist was not working that day. (Testimony of Padgett)

   
   

3. Respondent submitted an affidavit that on the date in question while working in her salon Inspector Padgett found patrons under dryers without the presence of her master cosmetologist who had taken her lunch hour in order to go to the doctor. Respondent stated that she was not working on patrons at this

   time and had not after the master had left the shop. Respondent further stated that the master operator returned approximately 20 minutes after the inspector had left the premises. (Affidavit of Witmer)

   
   

   CONCLUSIONS OF LAW

   
   

4. Petitioner seeks to suspend or revoke Respondent's Certificate of Registration to operate a cosmetology salon in that on April 23, 1976, Respondent did operate and work in a cosmetology salon without the supervision of a master cosmetologist.

   
   

5. The statutory provision alleged to have been violated in the above respect is Section 477.02(4), Florida Statutes which makes it unlawful for any person to operate a cosmetology salon unless such salon at all times is under the direct supervision and management of a master cosmetologist. The evidence establishes that Respondent's salon was in "operation" at the time Petitioner's inspector visited it on April 23, 1976 in that patrons were then being provided with cosmetology services. By Respondent's admission her master cosmetologist was not in the salon at the time. Accordingly, it is concluded that Respondent violated the aforesaid statutory provision.

   
   

6. Section 477.15(8) provides that the Petitioner may suspend or revoke a Certificate of Registration for the commission of any offense described in Section 477.27. Section 477.27(1) makes it an offense to violate any of the provisions of Section 477.02. Accordingly, Petitioner is authorized to take adverse action with respect to Respondent's Certificate of Registration.

   
   

7. Under the circumstances presented, it appears that the established violation is minor in nature and it is believed that a written reprimand is sufficient to serve the ends of justice.

RECOMMENDATION

That Respondent be issued a written reprimand for violation of Section 477.02(4), Florida Statutes.

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

P.O. Box 1752 Tallahassee, Florida

Mourine Witmer

6361 South Atterly K Lantana, Florida 33462

Donald Kohl, Esquire

3003 South Congress Avenue Palm Springs, Florida 33461

Docket for Case No: 76-001063

Orders for Case No: 76-001063