STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY )

)

Petitioner, )

)

vs. ) CASE NO. 77-1017

) LICENSE NO. SALON 20836

MARY WILSON, d/b/a GOLDWYN )

DOOR BEAUTH SALON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held in the above styled cause in Room 465, Deposition Room, Orange County Courthouse, 65 East Central Avenue, Orlando, Florida, beginning at 12:40 P.M. before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, on June 24, 1977.

APPEARANCES

For Petitioner: Clifford L. Davis, Esquire

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

Tallahassee, Florida 32302 For Respondent: No appearance

ISSUE

Whether the license of the Goldwyn Door Beauty Salon should be revoked, annulled, withdrawn or suspended for operating a beauty salon not under the direct supervision of a master cosmetologist.

FINDINGS OF FACT

1. An Administrative Complaint was filed against Mary Wilson, d/b/a Goldwyn Door Beauty Salon on May 31, 1976 alleging:

   
   

   "That you, said MARY WILSON d/b/a/ Goldwyn Door Beauty Salon on August 1, 1976 and January 19, 1977 did on at least two occa- sions operate a beauty salon without the direct supervision of a master cosmetologist,

   at Goldwyn Door Beauty Salon, Orlando, Florida."

   
   

2. The Respondent is the owner of tie Goldwyn Door Beauty Salon, holds no Florida registration as a cosmetologist and the subject salon is now closed.

3. At the time of the violation notice the Respondent was practicing cosmetology in the Goldwyn Door Beauty Salon without a Florida cosmetology license and without being under the supervision of a master cosmetologist.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 477.02(1), (3) and (4), Florida Statutes, 1976 Supplement, provides as follows:

   
   

   "(1) It shall be unlawful for any person to engage in the practice of, or attempt to practice, cosmetology without a certi- ficate of registration as a registered master cosmetologist, registered cosmeto- logist, or registered specialist issued pursuant to the provisions of this

   chapter by the State Board of Cosmetology, hereinafter established.

   
   

   1. It shall be unlawful for any person, firm, or corporation to serve as a cosmetologist under a registered master cosmetologist without a certificate of registration as a registered cosmetologist issued by the board.

      
      

   2. It shall be unlawful for any person, firm, or corporation to operate a cosmeto- logy 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 compli- ance 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 reasonable times. Registered cosmetologists may be employed in such salons, on the condition that no more than five registered cosmetologists may be so employed under the supervision of any one registered master cosmetologist. If more than one registered master cosmetologist is employed in a particular salon, each regis- tered master cosmetologist may directly supervise no more than five registered cosmetologists

Respondent violated the foregoing statute by practicing cosmetology without a license and without the supervision of a master cosmetologist.

RECOMMENDATION

Revoke the license of the Goldwyn Door Beauty Salon.

DONE and ORDERED this 25th day of August, 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:

Clifford L. Davis, Esquire LaFace & Baggett, P.A. Post Office Box 1752

Tallahassee, Florida 32302

Mary Wilson

Goldwyn Door Beauty Salon Post Office Box 5485 Orlando, Florida 32801

Docket for Case No: 77-001017

Orders for Case No: 77-001017