STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 78-517

) ODELL HINES and D. SPRAY HINES, ) d/b/a THE ROOSTER'S COMB, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Gainesville, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Robert T. Benton, II, on June 16, 1975.

For Petitioner: Daniel J. Wiser, Esquire

Post Office Box 1752 Tallahassee, Florida 32302

For Respondents: The respondents appeared on their own

behalf.

By administrative complaint dated March 22, 1978, petitioner alleged that respondents "on March 7, 1978, did operate a cosmetology salon without displaying in a conspicuous place adjacent to or near the work chair or booth a Certificate of Registration as required in the salon."

FINDINGS OF FACT

1. Odell Hines and Dorothy Spray Hines (who are man and wife) operate the Rooster's Comb, a beauty salon in Gainesville, Florida. A building with exterior dimensions of 18 feet in width and 60 feet in length houses the shop, a single room in which there are several booths manned by respondents and nine or ten employees. Every employee does not work every day. Although, with the exception of a couple of "floaters," each operator is assigned a particular booth or station, no one operator works in the same place all of the time.

   
   

2. Cosmetology licenses or certificates of registration issued to respondents and their employees are all posted on a bulletin board. The bulletin board, which weighs approximately one and one half pounds, leans against a wall, so that the licenses are plainly visible, and is situated within

   20 feet of every operator who is working and about three feet from the manicurist.

   
   

   CONCLUSIONS OF LAW

   
   

3. Petitioner takes the position that this arrangement violates Section 477.13(1), Florida Statutes (1977), which requires that "[e]very holder of a

certificate of registration . . . display it in a conspicuous place adjacent to or near his workchair or booth." The evidence established, however, that respondents and their employees were in compliance with this requirement, i.e., that their certificates of registration were conspicuously displayed in a place "near" their workchairs or booths, within the meaning of Section 477.13(1), Florida Statutes (1977).

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That petitioner dismiss the administrative complaint against respondents. DONE and ENTERED this 14th day of July, 1978, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Daniel J. Wiser, Esquire Post Office Box 1752 Tallahassee, Florida 32302

D. Spray Hines and Odell Hines

d/b/a The Rooster's Comb, Inc. 2405 S. W. 13th Street Gainesville, Florida 32608

Docket for Case No: 78-000517

Orders for Case No: 78-000517