STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF )

COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1064

) GENO AND PETER TRANCHIDA d/b/a ) GET YOUR HEAD TOGETHER, INC. ) 687 N.E. 79 Street, )

Miami, 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: Geno Tranchida, President

ISSUE PRESENTED

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

FINDINGS OF FACT

1. Respondent Corporation operates the Get Your Head Together Cosmetology Salon at 687 N.E. 79 Street, Miami, Florida, under Certificate of Registration Number 15219 issued by Petitioner on February 15, 1971.

   
   

2. On April 7, 1975, Petitioner's Inspector visited Respondent's place of business and found two cosmetologists, Sergio Ruiz Calderon and Silvia Gonzalez, engaging in the practice of cosmetology without the presence of a master cosmetologist. Calderon was drying a customer's hair with a blower and Gonzalez was providing another customer with frosting and a hair cut. (Testimony of Patrick).

   
   

3. Respondent's President, Geno Tranchida, testified that his brother, a master cosmetologist, was due to arrive at the salon at noon on April 7, and that he therefore left for lunch about 11:45 after instructing his employees not to perform any work while he was gone. The employees disregarded these orders

   and when Geno Tranchida returned his brother called and informed him that he was ill. (Testimony of Geno Tranchida).

   
   

   CONCLUSIONS OF LAW

   
   

4. Petitioner seeks to suspend or revoke Respondents' salon license for allowing its two employees to engage in the practice of cosmetology without the presence of a master cosmetologist in violation of Section 477.02(4), Florida Statutes. That subsection provides that "It shall be unlawful for any person, firm, or corporation to operate a cosmetology salon unless such salon at all times be under the direct supervision and management of a registered cosmetologist." The evidence establishes that Respondent's salon was in operation on April 7, 1975, at a time when it was not under the direct supervision and management of a registered cosmetologist. 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(1) makes it an offense to violate any of the provisions of Section 477.02. Accordingly, Petitioner is authorized to take the adverse action desired in this case.

   
   

5. In view of the unusual circumstances surrounding the commission of the violation, and the brief period of time in which the salon was unsupervised, it is considered that a written reprimand will adequately serve the ends of justice.

RECOMMENDATION

That Respondent be issued a written reprimand for the 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

Geno and Peter Tranchida

c/o Get Your Head Together, Inc. 687 N.E. 79 Street

Miami, Florida

Docket for Case No: 76-001064

Orders for Case No: 76-001064