STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1012

) SALON LICENSE NO. 22511

ANTHONY LaROCHE, INC. )

ANTHONY LaROCHE, President, )

)

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 2:45 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: Anthony LaRoche, President

   5566 Ft. Caroline Road Jacksonville, Florida 32211

   
   

   ISSUE

   
   

   Whether the license of the Respondent should be revoked, annulled, withdrawn or suspended for allowing students to work in his salon prior to the issuance of a work permit.

   
   

   FINDINGS OF FACT

   1. An Administrative Complaint was filed on May 31, 1977 charging: "That you, said Anthony LaRoche on March

      15, 1977 did allow students to work in your

      salon prior to the issuance of work per- mits Anthony's, Jacksonville, Florida."

      
      

   2. Anthony LaRoche, Respondent, was the owner of several businesses and has managers to operate his beauty salons. A young man was hired to work in the Respondent's beauty salon to report to work at a subsequent time when the school attended by the cosmetologist would have sufficient time to send his credentials to the office of the State Board and for him to receive his work permit from the

      State Board. The cosmetologist reported for work and began working and was working at the time of the inspection on March 15, 1977 and had not yet received his work permit although he had previously applied for it. Upon learning of the inspection and the violation, the Respondent immediately sent for the credentials but the work permit was not received for 22 days thereafter. After the Respondent learned that the cosmetologist did not hear from it he ceased doing the work of a cosmetologist until his work permit was received.

      
      

      CONCLUSIONS OF LAW

      
      

   3. Section 477.02(7) provides:

      
      

      "(7) It is unlawful for any person, firm, or corporation to hire or employ any per- son to engage in the practice of cosmetology as hereinafter defined, unless such person holds a valid, unexpired, and unrevoked cer- tificate of registration to practice cosme- tology or a certificate of registration as

      a registered master cosmetologist, registered cosmetologist, registered manicurist and pedi- curist, or specialist or a permit to work issued by the board to graduates of Florida cosmetology schools after requirements for examination have been filed with the board.

      Such permit will be issued until the next examination given by the board and shall not be extended should the applicant fail to ap- pear for the examination or fail any portion of the examination."

      
      

   4. A cosmetologist was working in the salon owned by the Respondent before he had obtained a work permit.

RECOMMENDATION

Send a letter of reprimand to Respondent for failing to ascertain whether an employee was duly certified to work in the salon owned by the Respondent.

DONE and ORDERED this 27th day of September, 1971, 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 LaFace & Haggett, P.A. Post Office Box 1752

Tallahassee, Florida 32302

Anthony LaRoche, President Anthony LaRoche, Inc.

5566 Ft. Caroline Road Jacksonville, Florida 32211

Docket for Case No: 77-001012

Orders for Case No: 77-001012