STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1006

) LICENSE NO. CO 92358 NANNETTE HARNAGE d/b/a ) SALON LICENSE NOS. 22524 NANNETTE'S HAY BALERS, ) 24395

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held in the above styled cause in Conference Room No. 205, Arlington Center, 6501 Arlington Expressway, Jacksonville, Florida, beginning at 2:25 P.M. on June 27, 1977, before Delphene

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

   
   

   APPEARANCES

   
   

   For Petitioner: Ronald C. LaFace, Esquire

   LaFace & Baggett, P.A. Post Office Box 1752

   Tallahassee, Florida 32302

   
   

   In Proper Person: Nannette Harnage

   2504 Blanding Boulevard

   Middleburg, Florida 32068 ISSUE

   Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for working in a salon without the supervision of a master cosmetologist.

   
   

   FINDINGS OF FACT

   
   

   1. An Administrative Complaint was filed against Licensee Nannette Harnage charging.:

      
      

      "That you, said NANNETTE HARNAGE on Janu- ary 13, 1977 did work on a patron without license number and without the supervision of a master cosmetologist at Nannette's Hay Balers, Middleburg, Florida."

      
      

   2. The Respondent, Nannette Harnage, said that she was guilty of working in her salon without the presence or supervision of a master cosmetologist. She stated that she now has a master cosmetologist in the salon at all times.

   3. The issue as to working on a patient without a license number was dropped.

      
      

      CONCLUSIONS OF LAW

      
      

   4. Section 477.02(4) provides:

      
      

      "It shall be unlawful for any person, firm or corporation to operate a cosmetology salon without first obtaining a license from the board. The board shall cause each salon to be inspected from time to time to ascertain the degree of compliance with this chapter and the rules pursuant thereto promulgated by the board. Each cosmetology salon shall be under the direct supervision of a registered master cosmetologist who

      shall be present in such salon at all reason- able times. Registered cosmetologists may

      be employed in such salons on the condition that no more than five registered cosme- tologists may be so employed under the super- vision of any one registered master cosmetolo- gist. If more than one registered master cosmetologist is employed in a particular salon each registered master cosmetologist

      may directly supervise no more than five registered cosmetologists."

      
      

   5. The Respondent, Nannette Harnage, was not under the direct supervision of a registered master cosmetologist at the time the inspection by the State Board of Cosmetology was made.

RECOMMENDATION

Issue a letter or reprimand to the Respondent, Nannette Harnage.

DONE and ORDERED this 23rd day of September, 1977, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Ronald C. LaFace, Esquire LaFace & Baggett, P.A. Post Office Box 1752

Tallahassee, Florida 32302

Nannette Harnage Nannette's Hay Balers 2504 Blanding Boulevard

Middleburg, Florida 32068

Docket for Case No: 77-001006

Orders for Case No: 77-001006