STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1018

) LICENSE NO. SALON 24158

VIRGINIA JARNECKE d/b/a LA )

PETITE COIFFURES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held in the above styled cause at Room 465, Deposition Room, Orange County Courthouse, 65 East Central Avenue, Orlando, Florida, beginning at 10:00 A.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: J. David McFadden, Esquire

100 Seabreeze Boulevard, Suite 210 Daytona Beach, Florida 32018

ISSUE

Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for operating a cosmetology salon without a certificate of registration.

FINDINGS OF FACT

1. An Administrative Complaint was filed against licensee, Virginia Jarnecke, who holds License No. Salon 24158, on the 31st of May, 1977, alleging that she did operate a cosmetology salon without a valid certificate of registration after having been warned and supplied with the proper form in July of 1976 at the La Petite Coiffures in Daytona Beach, Florida. The Respondent filed an Answer on the 24th day of June, 1977, entering a plea of not guilty to the Administrative Complaint.

   
   

2. The inspector for the board inspected the Respondent shop in July of 1976 and found that there had been a change in ownership of the salon. She informed the Respondent new owner that the salon registration was nontransferable and that a new registration would have to be applied for and

   obtained. At that time she left a form designated BC-7 for use of the Respondent. On September 24, 1976 no license had been obtained and a violation of notice was written by the inspector. A license was obtained thereafter in November of 1976.

   
   

3. The owner of the shop, Respondent Virginia Jarnecke, had waited to send in her application for registration of said shop until one of the employees obtained a license as master cosmetologist. She did not obtain a registration for the salon until November of 1976 although an application form had been' left by the Petitioner, State Board of Cosmetology, to change the registration from the former owner in July of 1976.

   
   

   CONCLUSIONS OF LAW

   
   

4. In July of 1976 at the time that the application BC-7 was left with the Respondent, Section 477.02(4) read as follows:

   
   

   "It shall be unlawful for any person, firm, or corporation to operate a cosme- tology salon unless such salon at all times be under the direct supervision and management of a registered master cosmetologist."

   
   

5. The law has been amended effective October 1, 1976, but it still provides that it shall be unlawful for any person, firm or corporation to operate a cosmetology salon without first obtaining a license from the board. The Respondent had not obtained a license upon buying the beauty shop and therefore was Chapter 477, Florida Statutes.

RECOMMENDATION

Write a letter of reprimand to Respondent for the reason that there was unnecessary delay between the time the Respondent bought subject beauty salon and the time in which application for registration of the salon.

DONE and ORDERED this 18th 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

J. David McFadden, Esquire

100 Seabreeze Boulevard, Suite 210 Daytona Beach, Florida 32018

Docket for Case No: 77-001018

Orders for Case No: 77-001018