STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. )

)

ALEX FISHER, President ) CASE NO. 77-1025 PRETTY GIRL BEAUTY SALON, INC., ) LICENSE NO. MC 0018356

)

BARRY FISHER, Manager ) CASE NO. 77-1027 PRETTY GIRL BEAUTY SALON, INC., ) LICENSE NO. MC 0039695

)

PRETTY GIRL BEAUTY SALON, INC., ) CASE NO. 77-1026

) LICENSE NO. MC 12211

Respondents. )

)

RECOMMENDED ORDER

The above styled cases were heard before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, at Room 821, Broward County Courthouse, Fort Lauderdale, Florida, on June 23, 1977, beginning at 1:20 P.M. They were consolidated upon notion of the parties.

APPEARANCES

For Petitioner: Clifford L. Davis, Esquire

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

For Respondent: Alex Fisher, President

Barry Fisher, Manager

Pretty Girl Beauty Salon, Inc. 4237 Hollywood Boulevard

Hollywood, Florida 33022

ISSUE

Whether the licenses of Respondents and the license of the subject salon should be revoked, annulled, suspended or withdrawn for violation of Sections 477.28(2), 477.15(9), Florida Statutes, and Rules 21F-3.02, 21F-3.07 and 21F- 3.08, Florida Administrative Code, in that the Pretty Girl Beauty Salon, Inc., received a sanitary rating below 70 three times in the calendar year of 1976 and had numerous individual sanitary violations.

FINDINGS OF FACT

1. Alex Fisher, Respondent, holds licenses: Personal No. MC 0018356 and Salon No. 12211. Barry Fisher holds license No. MC 0039695.

2. On November 12, 1976, October 7, 1976, and August 31, 1976, the Respondents received three sanitary ratings below 70 in the year 1976 at the Pretty Girl Beauty Salon, Inc. , Hollywood, Florida, a corporation in which Respondents, Alex Fisher, was the president and Barry Fisher the manager.

   
   

3. The subject beauty salon is a twelve station beauty salon which does a large business.

   
   

4. On each of the occasions in which the inspector made an inspection trip, the inspector found violations of the sanitary rules and regulations. On one occasion formaldehyde tablets were not in the drawers as they should have been and were in plastic containers. The garbage cans were not covered and there was dirt on the ceiling. Towels had not been properly put up and the clean hairbrushes were left out to dry together with dirty brushes which should have been removed until they could be properly sterilized. Sterilizers were not active and hair was on the floor and the operator stations were dirty at time of inspection.

   
   

5. On the last inspection by the Petitioner in 1977 the Respondents each received a good rating and there obviously has been an attempt to keep the salon clean and sanitary.

   
   

   CONCLUSIONS OF LAW

   
   

6. Section 477.28, Florida Statutes, injunctions; when authorized.-, provides in part that the State Board of Cosmetology may institute legal proceedings to enjoin the violation of the provisions of the Florida cosmetology law. If any cosmetology salon with the rating of less than 75 percent for three sanitary inspections during any calendar year is cited, the Board may close such salons.

   
   

7. The Respondent beauty salon has been so cited during the year 1976. Section 477.23, Florida Statutes, Rules aid regulations governing all cosmetologists.-, subsection (2) provides that the Board may make rules and regulations and prescribe other sanitary requirements in addition to the requirements of Chapter 477. Section 477.15(9), Florida Statutes, provides for the suspension or revocation of certificate upon the violation of any of the rules and regulations provided in Section 477.23.

   
   

8. Section 21F-3.02, Ventilation and Cleanliness., Florida Administrative Code, provides:

   
   

   "Each cosmetology salon shall be kept well ventilated. The walls, ceilings, furniture and equipment shall be kept clean and free from dust. Hair must be removed from the floor as soon as practicable and deposited in a closed container."

   
   

9. The Respondent was found to have a dirty salon, to have talcum powder on implements in the drawers, to have a dirty ceiling and hair on the floor.

   
   

10. Rule 21F-3.02(7) 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."

    
    

    The testimony and evidence did not show there was a violation of this rule except that the sterilizers were not active.

    
    

11. After each of the citations by the inspector the Respondent attempted to meet the requirements of the inspector.

RECOMMENDATION

Send a written reprimand to the Respondents and place the salon on probation.

DONE and ORDERED this 5th 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

Alex Fisher, President Barry Fisher, Manager

Pretty Girl Beauty Salon, Inc. 4237 Hollywood Boulevard

Hollywood, Florida 33022

Docket for Case No: 77-001025

Orders for Case No: 77-001025