Judges: DELPHENE C. STRICKLAND
Agency: Department of Business and Professional Regulation
Latest Update: Oct. 06, 1977
Summary: Whether the Respondent and the Respondent school was in violation of Section 477.15(9), Florida Statutes, and Rule 21F-2.28, Florida Administrative Code, for allowing students who had not validly transferred from one school to attend the 7th Street Beauty School.Respondent let students transfer in without proper permits from another school. Recommend suspension.
77-1032.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
STATE BOARD OF COSMETOLOGY, )
)
Petitioner, )
)
vs. ) CASE NO. 77-1032
) LICENSE NO. 165-054
SILVIA LAUCIRICA d/b/a )
)
Respondent. )
)
RECOMMENDED ORDER
This administrative hearing was heard on the 23rd day of June, 1977, commencing at 3:55 P.M. at Room 831, Broward County Courthouse, Fort Lauderdale, Broward County, Florida, before Delphene C. Strickland, Hearing 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: Robert S. Garcia
Educational Director
Seventh Street Beauty School 2437 N. W. 7th Street
Miami, Florida 33125 ISSUE
Whether the Respondent and the Respondent school was in violation of Section 477.15(9), Florida Statutes, and Rule 21F-2.28, Florida Administrative Code, for allowing students who had not validly transferred from one school to attend the 7th Street Beauty School.
FINDINGS OF FACT
Robert S. Garcia is the new owner of the 7th Street Beauty School. Silvia Laucirica is a cosmetologist holding License No. 0038775. Said license is either a master cosmetologist or instructor's license and is in the name of Silvia Diez. The license of Silvia Laucirica is not a subject of this hearing. The subject of this hearing is the license of the 7th Street Beauty School, License No. 165-054.
Six students were in attendance at the 7th Street Beauty School, 2437
N.W. 7th Street, Miami, Florida, who had previously been enrolled in Willfred Academy, 1102 S.W. 27th Avenue, Miami, Florida.
On March 31, 1977, an inspection was made pursuant to the statutes and rules and regulations and students were at .the subject school but held no transfer to it from the Willfred Academy. A violation was written by the inspector of the Petitioner.
CONCLUSIONS OF LAW
Section 477.15(9), Florida Statutes, provides that a violation of any of the rules and regulations provided by Section 477.23, Florida Statutes, is cause for revocation or suspension of a certificate.
Rule 21F-2.28, Florida Administrative Code, provides guidelines for withdrawal procedures. The rule is for the protection of the students so that upon withdrawal from one school and transfer to another the student will suffer no loss of credit hours and requires that a permit be secured by the student and posted in the school.
Respondent school did not require a number of students to secure a permit before enrolling and did not have permits for each student enrolled posted as required by the foregoing Florida Administrative Code rule.
RECOMMENDATION
Suspend the license of the 7th Street Beauty School for a period of fourteen (14) 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 & Baggett, P.A. Post Office Box 1752
Tallahassee, Florida 32302
Robert S. Garcia Educational Director
Seventh Street Beauty School 2537 N. W. 7th Street
Miami, Florida 33125
================================================================= AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA
FLORIDA STATE BOARD OF COSMETOLOGY
BOARD OF COSMETOLOGY,
Petitioner,
vs. CASE NO. 77-1032
LICENSE NO. 165-054
SILVIA LAUCIRICA, d/b/a 7th STREET BEAUTY SCHOOL,
Respondent.
/
FINAL ORDER
The Florida State Board of Cosmetology adopts as part of the Agency's Final Order the conclusions of law, interpretation of Administrative Rules and Findings of Act dated August 8, 1977, copy of which is attached hereto and incorporated herein by reference.
The State Board of Cosmetology having reviewed the recommended penalty under the circumstances of this case the State Board of Cosmetology feels that to impose a penalty in excess of five (5) days would be unduly harsh under the circumstances and therefore having considered the recommended penalty in the Hearing Examiner's Order imposes a suspension of the school license for the period of five (5) days.
That the suspension shall be effective beginning on the 1st day of September, 1977 and shall terminate on the 6th day of September, 1977. That the Respondent shall deliver its license number 165-054 covered by this suspension by Certified Mail, Return Receipt Requested prior to the effective date of the suspension and the said license may be picked up by the Respondent at the State Board Administrative Office, 308 Avenue A, SW, Winter Haven, Florida or will either be mailed at the option of the Respondent on the last day of the suspension.
ENTERED this 26th day of August, 1977.
Virginia McKown, Chairman
Florida State Board of Cosmetology
Copies mailed to:
Silvia Laucirica, d/b/a 7th Street Beauty School 2437 NW 7th Street Miami, Florida 33125
Clifford L. Davis, Esquire Post Office Box 1752 Tallahassee, Florida 32302
Robert S. Garcia
7th Street Beauty School 2437 NW 7th Street Miami, Florida 33125
Docket for Case No: 77-001032
Orders for Case No: 77-001032
| Issue Date |
Document |
Summary |
|
Aug. 26, 1977 |
Agency Final Order
|
|
|
Aug. 08, 1977 |
Recommended Order
|
Respondent let students transfer in without proper permits from another school. Recommend suspension.
|
