STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1028

) LICENSE NO. SALON 18677

WILLIAM GASSMAN, JR., )

)

Respondent. )

)

RECOMMENDED ORDER

This administrative hearing was heard on the 23rd day of June, 1977, commencing at 3:00 P.M. at Room 821, Broward County Courthouse, Fort Lauderdale, Broward County, Florida, before Delphene C. Strickland, Bearing Officer, Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Clifford L. Davis, Esquire

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

Tallahassee, Florida 32302

For Respondent: William Gassman, Jr., in proper person

J & B Beauty Corner 4051 Ocean Drive

Lauderdale by the Sea, Florida 33308 ISSUE

Whether the salon license of the J & B Beauty Corner, Lauderdale by the Sea, Florida, should be revoked, annulled, withdrawn or suspended for the reason that the Respondent, as owner of said salon, allowed an unlicensed person to practice cosmetology in the salon.

FINDINGS OF FACT

1. The Respondent plead "no contest" on his election of remedies, but stated that he planned to attend the hearing.

   
   

2. The inspector for the Petitioner, State Board of Cosmetology, wrote a violation for the J & B Beauty Corner upon finding a girl shampooing a customer in said salon and upon inquiry found that the girl was not licensed to perform such cosmetology services.

   
   

3. The Respondent stated that he did in fact employ said girl but was just trying to help out the young people in his area. He stated that another of his employees allowed the girl to do the shampooing when the shop was very busy on the day the inspection was made. He stated he knew nothing about the incident

   until after the inspector had left. The girl who was found shampooing without a license and the employee who had allowed her to practice cosmetology were discharged immediately after Respondent learned of the incident.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 477.02(6), Florida Statutes, (now renumbered to Section 477.02(7)) provides, inter alia, it is unlawful for a person, firm or corporation to hire or employ any person to engage in the practice of cosmetology unless such person holds a valid, unexpired, unrevoked certificate of registration to practice cosmetology.

   
   

5. The Respondent was responsible for the employees in the J & B Beauty Corner, the beauty salon owned by Respondent. A person was practicing in said salon without being duly certified by the Petitioner, State Board of Cosmetology.

RECOMMENDATION

Send a letter of reprimand to Respondent for violating Section 477.02(7), Florida Statutes.

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

William Gassman, Jr. J & B Beauty Corner 4051 Ocean Drive

Lauderdale by the Sea, Florida 33308

Docket for Case No: 77-001028

Orders for Case No: 77-001028