STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1107

) LICENSE NO. 14455

SHELLIE M. MAYS d/b/a )

MAE'S MAGIC MIRROR, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice, this cause came before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, on June 28, 1976 at 11:00 a.m. in the offices of the Board of Cosmetology, 308 Avenue A, Southwest, Winter Haven, Florida.

APPEARANCES

For Petitioner: Ronald C. LaFace, Esquire

101 East College Avenue Tallahassee, Florida

For Respondent: Shellie M. Mays, in proper person

ISSUE

Whether the Respondent violated Chapter 477, Florida Statutes and the rules and regulations of the Florida Administrative Code promulgated pursuant there to by allowing a beautician who is not a master beautician with a master's license to practice cosmetology in Respondent's salon when a master cosmetologist was not present.

FINDINGS OF FACT

1. Ardie Smiley Collins, an inspector for the Petitioner State Board of Cosmetology, entered Mae's Magic Mirror, a shop owned and operated by Respondent Shellie M. Mays on July 8, 1975 at about 5:00 p.m. A Mrs. Annette Yoeman was practicing cosmetology in the salon without a master cosmetologist being present. Mrs. Yoeman holds a license to practice cosmetology but is not a master cosmetologist.

   
   

   CONCLUSIONS OF LAW

   
   

2. Chapter 47 7, Florida Statutes, and the rules and regulations promulgated pursuant thereto, require that a person practicing cosmetology in the State of Florida must practice in the presence of a master cosmetologist or hold a master cosmetologist license. Mrs. Annette Yeoman was practicing cosmetology in the Respondent's business, Mae's Magic Mirror, 108 Ninth Avenue,

Bradenton, Florida alone and therefore, said cosmetologist was in violation of the laws, rules and regulations of the State of Florida. The owner of the salon was in violation of Chapter 477, Florida Statutes, by allowing Mrs. Yoeman to practice cosmetology in her salon.

RECOMMENDATION

Suspend the salon license of Shellie M. Mays, d/b/a Mae's Magic Mirror, for a period of one month from the date of the final order herein.

DONE and ORDERED this 19th day of August, 1976 in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Ronald C. LaFace, Esquire

101 East College Avenue Tallahassee, Florida

Shellie M. Mays

108 9th Avenue East Bradenton, Florida

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA

FLORIDA STATE BOARD OF COSMETOLOGY

FLORIDA STATE BOARD OF COSMETOLOGY,

Petitioner,

vs. CASE NO. 76-1101

SALON LICENSE NO. 14455

SHELLIE M. MAYS,

d/b/a MAE'S MAGIC MIRROR,

Respondent.

/

FINAL AGENCY ORDER

The Florida State Board of Cosmetology adopts as part of the Agency's Final Order the conclusions of law, interpretation of administrative rules and findings of fact dated August 18, 1976, a copy of which is attached hereto and incorporated herein by reference. The State Board of Cosmetology has additionally reviewed the recommended penalty of the Hearing Examiner and feels that the recommended penalty would be unduly harsh under the circumstances of this case since the violation is a first offense, and therefore reduces the recommended penalty in the Hearing Examiner's Order of a thirty-day suspension of the Respondent's salon license and substitutes instead a letter of reprimand. That the entry and publication of this Final Order shall constitute a reprimand or warning to the Respondent not to engage in a course of conduct in the future which would violate the Florida Cosmetology Law, Section 477, Florida Statutes, or the Rules and Regulations of the Florida State Board of Cosmetology.

A copy of this Final Agency Order, including the reprimand contained herein, shall become a part of the Respondent's permanent files.

ENTERED this 28th day of September, 1976.

Violet Llaneza, Chairman

Florida State Board of Cosmetology

Copies Mailed To:

Shellie M. Mays

108 9th Avenue East Bradenton, Florida

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

Docket for Case No: 76-001107

Orders for Case No: 76-001107