STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF )

COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1066

) CLODOALDO AND OLIMPIA LINARES ) D/B/A ALINAS BEAUTY SALON )

754 East 1 Avenue )

Hialeah, 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 the Petitioner: Ronald C. LaFace, Esquire

Post Office Box 1752 Tallahassee, Florida

For the Respondent: Olimpia Linares

ISSUE PRESENTED

Respondent's alleged violation of Sections 477.02(6), 477.15(8), 477.27(1) & (2), Florida Statutes.

FINDINGS OF FACT

1. Clodoaldo and Olimpia Linares operate the Alinas Beauty Salon, a partnership, at 754 East 1st Avenue, Hialeah, Florida under Certificate of Registration to operate a cosmetology salon number 20143 issued by Petitioner on August 21, 1974.

   
   

2. Petitioner's Inspector Miller, accompanied by Inspector Padrick, visited Respondent's salon on October 31 1975, to investigate a report that Respondent had an operator at their shop who was practicing cosmetology without a license. At that time the inspectors discovered Carmen Salvador giving a manicure to a patron. Salvador stated to the inspectors that although she did not have a Florida license to practice cosmetology, she was not employed in the salon. (Testimony of Miller and Padrick)

   
   

3. Respondent Olimpia Linares testified that Salvador was her cousin and that while she was waiting for Linares to leave the salon for the evening she

   filed a patron's nails while Linares was working on the patron's hair. The patron was a friend of Salvador. (Testimony of Linares)

   
   

   CONCLUSIONS OF LAW

   
   

4. Petitioner seeks to suspend or revoke Respondent's Certificate of Registration to operate a cosmetology salon under Section 477.02(6), Florida Statutes. That provision makes it unlawful for any person to hire or employ any person to engage in the practice of cosmetology unless such person holds a valid Florida Certificate of Registration to do so or a work permit issued by Petitioner. Petitioner failed to establish that Salvador was hired or employed by Respondents to practice cosmetology. Even though Salvador was performing an act included in the practice of cosmetology, i.e. manicuring, the testimony of Respondent was to the effect that she was doing this as a convenience for her friend while awaiting her departure from the shop. Under the circumstances, it is not considered that a violation of Section 477.02(6) has been established.

   
   

5. Petitioner also alleges a violation of 477.27(2) which makes it an offense to permit "any person in ones employ, supervision or control to practice as a master cosmetologist, manicurest and pedicurist, specialist, or as a cosmetologist, unless that person has a Certificate of Registration." The evidence establishes that Salvador was under the supervision or control of Respondent, Olimpia Linares, and was permitted to perform an act constituting the practice of cosmetology, i.e. manicuring, on October 31, 1975 at Respondent's salon. Accordingly, a violation of this provision has been established. Section 477.15(8) provides that the Board is authorized to suspend or revoke a Certificate of Registration for the commission of any offense described in Section 477.27.

   
   

6. In view of the minor nature of the transgression in this particular case, it is concluded that a written reprimand would adequately serve the ends of justice.

RECOMMENDATION

That Respondent, Olimpia Linares, be issued a written reprimand for violation of Section 477.27(2), Florida Statutes.

DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida.

COPIES FURNISHED:

Ronald C. LaFace, Esquire

P.O. Box 1752 Tallahassee, Florida

Clodoaldo and Olimpia Linares c/o Alinas Beauty Salon

THOMAS C. OLDHAM

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

754 East 1 Avenue Hialeah, Florida

Docket for Case No: 76-001066

Orders for Case No: 76-001066