STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BARBER SANITARY COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1260

) LICENSE NO. 13759

1. T. MOSS, d/b/a JOHN'S ) SHOP NO. 5072 BARBER SHOP, )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice a hearing was held in the above styled case in Room 104, Collins Building, Tallahassee, Florida, at 2:00 P.M. on September 9, 1977, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.

   
   

   APPEARANCES

   
   

   For Petitioner: Ronald C. LaFace, Esquire

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

   Tallahassee, Florida 32302

   
   

   For Respondent: J. T. Moss, in proper person

   John's Barber Shop

   909 Northwest 3rd Street Pompano Beach, Florida

   
   

   ISSUE

   
   

   Whether the license of J. T. Moss should be revoked, annulled, withdrawn or suspended for violations of Section 476.22 and Section 476.24, Florida Statutes, by failing to maintain a clean and sanitary barber shop.

   
   

   FINDINGS OF FACT

   
   

   1. An Administrative Complaint was issued against the Respondent and mailed on the 17th day of June, 1977, charging:

      
      

      "That on or about April 1, 1977, during a regular sanitation inspection, it was found that your shop was not in a sanitary condition in that your tools are not

      being sterilized and your workstand and laboratory are not clean and sanitary. You bad been warned of this condition by letter of February 24, 1977, which was issued as a result of an inspection on

      February 18, 1977. You had also been issued violations for not sterilizing your tools on January 7, 1977, October 15, 1976. The above constitutes a gross violation of Section 476.22(1)(1)(8)(a) through (e) and Section 476.22(1)(b) and as such constitute a violation of Section 476.24(7), Florida Statutes, which is grounds for revocation under Section 476.14(8), Florida Statutes.

      
      

   2. The Respondent heard the testimony of the witness and admitted the charges against him. He stated that his shop was now in order and that he was maintaining it in a clean and sanitary manner. The witness for the Petitioner acknowledged that at the date of the hearing the barber shop would pass inspection.

      
      

   3. The Hearing Officer finds that the Respondent, J. T. Moss, did not maintain his barber shop in a clean and sanitary condition at the time of the inspections by the Petitioner. However, the shop is now in a clean and sanitary condition.

      
      

      CONCLUSIONS OF LAW

      
      

   4. Section 476.22 requires that tools used in the practice of barbering be sterilized and the shop be maintained in a sanitary condition.

      
      

   5. Respondent, John T. Moss, has violated the foregoing statute by failing to sterilize his tools and keep his shop in a clean and sanitary condition.

RECOMMENDATION

Put the Respondent, John T. Moss, on probation for one year.

DONE and ORDERED this 5th day of October, 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:

Ronald C. LaFace, Esquire LaFace & Baggett, P.A. Post Office Box 1752

Tallahassee, Florida 32302

P. W. Barker, Director

Florida Barbers Sanitary Commission 2009 Apalachee Parkway Suite 230

Tallahassee, Florida 32301

J. T. Moss

John's Barber Shop 909 N. W. 3rd Street

Pompano Beach, Florida

Docket for Case No: 77-001260

Orders for Case No: 77-001260