STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1020

) LICENSE NO. MC 0078151

BERTHA SEWELL, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice the above styled cause was beard before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, in the Grand Jury Room, Orange County Courthouse, 65 East Central Avenue, Orlando, Florida, on June 24, 1977, beginning at 10:10 A.M.

APPEARANCES

For Petitioner: Clifford L. Davis, Esquire

LaFace and Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302

For Respondent: Bertha Sewell

316 West Newhaven Avenue Melbourne, Florida 32901

ISSUE

Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for violation of Section 477.02 (4), Florida Statutes, Section 477.27(1), (7) and (8), Florida Statutes, Section 477.15(8), Florida Statutes, and the rules and regulations promulgated pursuant thereto, to wit, Chapter 21F-

1. and 21F-3.08, Florida Administrative Code, in that she operated a cosmetology salon without a certificate of registration, operated a salon without an active sterilizer and failed to maintain sanitary conditions.

   
   

   FINDINGS OF FACT

   
   

   1. The Respondent acknowledged receipt of a copy of the Administrative Complaint and Notice of Hearing by registered mail.

      
      

   2. The Respondent, Bertha Sewell, moved her place of business from 924 West Newhaven Avenue, Melbourne, Florida, to a new address without notifying the Board of her move.

      
      

   3. The inspector for the State Board of Cosmetology inspected the business shortly after the move from the licensed location to the unlicensed location.

      At the time of the move she found that the location was unlicensed and the shop was in disarray and in an unsanitary condition.

      
      

   4. The Respondent has now obtained a license from the Petitioner at the location to which she had moved `and her present location.

      
      

      CONCLUSIONS OF LAW

   5. Section 477.02(4), Florida Statutes, provides: "It shall be unlawful for any person,

      firm, or corporation to operate a cos- metology salon unless such salon at all times be under the direct supervision and management of a registered master cosmetologist."

      
      

   6. There was no testimony or evidence presented to show that Respondent was in violation of this section of the statutes.

      
      

   7. Section 477.27, Penalty for violation of chapter. - Florida Statutes, provides in part:

      
      

      "Each of the following shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083:

      1. The violation of any of the pro- visions of s. 477.02.

         1. The use of any room or place for cosmetology which is also used for resi- dential or business purposes not connected with cosmetology (except the sale of hair tonics, lotions, creams, toilet articles, and such commodities as are used and

            sold in cosmetology salons) unless a partition of ceiling height which has been approved in writing by the State Board of Cosmetology or by its represen- tative, separates the portion used

            for residential or business purposes from the room or portion used for cos- metology; provided, however, that in determining whether or not a particular partition is sufficient in character and construction to warrant approval, the state board or its representatives shall be guided solely by the principle that the more unsanitary the conditions are

            in the portion of the residence or build- ing which is to be separated from the portion used as a cosmetology salon, the more substantial and impenetrable the partition must be. Nothing herein shall be construed to prohibit the work of

            body contouring in any regularly licensed cosmetology salon.

         2. A violation of any of the provisions of ss. 477.15 and 477.23."

         
         

   8. Section 477.15, Suspension or revocation of certificate; grounds., Florida Statutes, provides in part:

      
      

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

      (8) The commission of any of the offenses described in s. 477.27;"

      
      

   9. Rule 21F-3.07 Sterilization and Sanitation., Florida Administrative Code, provides:

      
      

      "The use of a brush, comb or other article on more than one patron without being sani- tized is prohibited. Each cosmetology salon

      is required to have sufficient combs, brushes and implements to allow for adequate sanitiz- ing practices. Combs or other instruments should not be carried in pockets."

   10. Rule 21F-3.08 Sterilizers., Florida Administrative Code, provides: "All cosmetology salons shall be equipped

       with wet and dry sterilizers, sufficient to allow for sanitizing practices."

       
       

   11. The Respondent, Bertha Sewell, was guilty of violating the foregoing statutes and rules promulgated thereunder inasmuch as during the time of her move from one location to the other she did not maintain adequate sterilizers or practice the sterilization and sanitation required by the statutes and rules.

       
       

   12. No proof was presented that the Respondent was in violation of Section 477.27(7), supra.

RECOMMENDATION

Suspend the license of Respondent for operating a salon in a place not licensed by the State Board of Cosmetology for a period of seven (7) days.

Suspend the license of Respondent for not maintaining her salon in a sanitary manner and without the proper sterilization equipment for a period of seven (7) days.

DONE and ORDERED this 8th 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 and Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302

Bertha Sewell

316 West Newhaven Avenue Melbourne, Florida 32901

Docket for Case No: 77-001020

Orders for Case No: 77-001020