STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1034

) LICENSE NO. MC 37 373

URSULA WEBER, )

)

Respondent. )

)

RECOMMENDED ORDER

This administrative hearing was heard on the 23rd day of June, 1977, commencing at 4:30 P.M. at Room 821, 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: No appearance

ISSUE

Whether the license of Respondent should be revoked, annulled, suspended or withdrawn for violating the statutes and rules pertaining to cosmetologists by operating a salon at her home without a Florida salon license.

FINDINGS OF FACT

1. The Respondent filed an election of remedies and plead "the facts as alleged are true but do not constitute a violation of law."

   
   

2. The Respondent had established a beauty salon in her home prior to March 8, 1974 but was unable to receive a zoning variance to allow her to operate the salon. She was cited by Petitioner for operating a salon without a license which citation is the subject of this hearing.

   
   

3. The Respondent is no longer operating a salon in her home and is now a duly licensed cosmetologist practicing in a licensed cosmetology salon. She has been so employed since 1974 and has complied with the laws, rules and regulations since that date.

   CONCLUSIONS OF LAW

   
   

4. Section 477.15(8), Florida Statutes, provides for the suspension or revocation of a certificate for commission of any of the offenses described in Section 477.27, Florida Statutes. Section 477.27, Florida Statutes, lists various acts for which a penalty constituting a misdemeanor may be imposed.

   
   

5. Respondent was cited for violation of Section 477.27(7), Florida Statutes, which, inter alia, prohibits the practice of cosmetology in a residence unless specially partitioned for such use and is approved by the State Board of Cosmetology.

   
   

6. The salon in the residence of Respondent had not been approved by the Petitioner Board.

   
   

7. Rule 21F-3.01, Florida Administrative Code, requires a certificate to operate a cosmetology salon. Respondent had no certificate.

RECOMMENDATION

Send a letter of reprimand to Respondent for failure to abide by the statute and rules governing cosmetologists.

DONE and ORDERED this 17th 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

Ursula Weber

9256 Martinique Drive

Miami, Florida 33157

Docket for Case No: 77-001034

Orders for Case No: 77-001034