STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BARBER'S SANITARY COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-2206

) Master Barber Certificate

W. R. GRIFFIS, ) No. 8195 Shop Certificate of

) Registration No. 2096

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an Administrative Hearing was held in Room 104, Collins Building, Tallahassee, Florida, at 10:30 A.M., April 11, 1977, before Delphene

1. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.

   
   

   APPEARANCES

   
   

   For Petitioner: Ronald C. LaFace, Esquire

   101 East College Avenue Tallahassee, Florida 32304

   
   

   For Respondent: Warren R. Griffis

   c/o City Barber Shop

   127 West Broadway

   Fort Meade, Florida 33841

   
   

   ISSUE

   
   

   Whether the Master Barber Certificate and the City Barber Shop Certificate of Registration held by the Respondent W. R. Griffis should be revoked, annulled, withdrawn or suspended.

   
   

   FINDINGS OF FACT

   
   

   1. An Administrative Complaint was filed on the 22nd day of November, 1976, by P. W. Barker, Executive Director, Florida Barber Sanitary Commission, alleging:

      
      

      1. That Respondent allowed a dog in the barber shop in violation of Section 476.22(1)(g), Florida Statutes.

         
         

      2. The Respondent's shop had dirty floors in violation of Section 476.22(1)(h), Florida Statutes.

         
         

      3. The laboratories were dirty in violation of Section 476.22(1)(i), Florida Statutes.

      4. The supply storage room was dirty in violation of Section 476.22(1)(j).

         
         

      5. The shop was being operated with dirty neck dusters in violation of Section 476.22(1)(1)(6) and (8).

         
         

   2. Inspector Gordon N. Patterson, an employee of the Florida Barber Sanitary Commission had warned the Respondent on previous occasions that he must clean up his shop.

      
      

   3. The Administrative Complaint alleged that during the period July, August and September, 1976, the Respondent had been drinking intoxicating beverages and had performed unsatisfactory haircuts on customers as a result of this drinking. An affidavit of the Chief of Police confirms the allegations.

      
      

   4. At the hearing the Respondent admitted that he does drink, but that he never goes to the barber shop until several days after he has been drinking. The Respondent admitted that he had been ill and that his shop floors,

      laboratories and storage room had been dirty at times but that he intends to and at present is keeping his place very clean. The Respondent denied that he allowed a dog in his shop stating that a dog ran into his shop but was ejected shortly thereafter.

      
      

      CONCLUSIONS OF LAW

      
      

   5. Section 476.14 Grounds for revoking or refusing to grant certificate.-, Florida Statutes, provides as follows:

      
      

      "The commission may either refuse to issue or renew, or may suspend or revoke, any certificate of registration for any of the following causes:

      1. Habitual drunkenness or habitual addiction to the use of morphine, cocaine, or other habit-forming drugs;

      2. Immoral or unprofessional conduct;"

      
      

   6. The evidence does not show that the Respondent is guilty of Section 476.14(6), Florida Statutes, but is guilty of drinking intoxicating beverages and attempting to perform barber duties after having indulging intoxicating beverages. This consists of unprofessional conduct.

      
      

   7. Section 476.22 Rules and regulations; inspections; etc.-, Florida Statutes, provides in part:

      
      

      "(1) The following rules and regulations shall govern the conduct of barbers colleges in fixing standards of sanitation and cleanliness and shall be enforced by the Barber Sanitary Commission.

      (g) No owner or manager of a barbershop or barber school shall allow any dog, cat, bird, or other pet where the practice of barbering is performed."

      
      

   8. The evidence does not show the Respondent violated this section of Chapter 476.

   9. Section 476.22(1)(i) provides:

"(i) No owner or manager shall control or operate a barbershop or barber school unless all bathrooms, toilets and other adjoining rooms are kept clean and in a sanitary condition; unless all bathtubs are thoroughly washed and cleaned after each patron's or person's use; unless individual soap, washcloths, and clean towels are furnished each patron; and unless all bathrooms are kept free and clear of used brushes sponges, washcloths, and towels between use of patrons or persons.

10, The evidence shows that Respondent may have violated the above subsection but at present there is no violation of Section 476.22(1)(i), Florida Statutes.

1. Section 476.22(1)(j), Florida Statutes, provides: "(j) No owner of manager shall control or

   operate a barbershop or barber school unless

   all clean towels and linens used in the practice of barbering therein are kept in a closed container or compartment, protected from dust and dirt."

   
   

2. The evidence shows that the Respondent may have been guilty at times of violating this subsection, but that there is no violation at present.

3. Section 476.22(1)(1)(6., Florida Statutes, provides: "(1)(6) To fail to provide the headrest on

   each chair with a relaundered towel or a sheet

   of clean paper for each patron.

   
   

4. The evidence does not show that this subsection has been violated.

RECOMMENDATION

Suspend the Master Barber Certificate No. 8195 and Shop Certificate of Registration of the City Barber Shop No. 2096 held by the Respondent for a period of time not to exceed six (6) months.

DONE and ORDERED this 19th day of May, 1977, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

A. Ronald C. LaFace, Esquire

101 East College Avenue Tallahassee, Florida 32304

P. Wayne Barker, Executive Director Barber Sanitary Commission

108 West Pensacola Tallahassee, Florida 32304

Warren R. Griffis c/o City Barber Shop

127 West Broadway

Fort Meade, Florida 33841

Docket for Case No: 76-002206

Orders for Case No: 76-002206