STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, )

)

Petitioner, )

)

vs. ) CASE NO. 83-2531

)

BLANCA E. QUINTANA, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on September 29, 1983, in Miami, Florida. The hearing officially closed on October 10, 1983. 1/

APPEARANCES

For Petitioner: Theodore R. Gay, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Manuel Perez-Padilla, Esquire

3231 South 16 Terrace

Miami, Florida 33143 ISSUE

The issue posed for decision herein is whether or not the Respondent operated a cosmetology salon without a current active salon license.

BACKGROUND

On April 26, 1983, Petitioner filed its one-count administrative complaint against the Respondent alleging that Respondent operated a cosmetology salon without a current active salon license in violation of Sections 477.029(1)(b) and 477.028(2)(b) Florida Statutes. On May 16, 1983, Respondent executed an election of rights form in which she requested a formal hearing pursuant to Section 120.57(1), Florida Statutes.

At the hearing, Petitioner presented Dorsey Hayes and Steve Granowitz as its witnesses. Respondent appeared and testified on her behalf. Petitioner offered Petitioner's Exhibits 1 - 8 which were received into evidence at the hearing.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, a post-hearing memorandum and the entire record compiled herein, I hereby make the following relevant findings of fact.

1. During times material, Respondent was licensed by the State of Florida to practice cosmetology and has been issued license number CL 0075643.

   
   

2. During approximately March or May of 1977, Esther's Beauty Salon, located at 3326 NW 2nd Avenue, Miami, Florida, was open for business and operated as such with the public as a cosmetology salon under Respondent's ownership.

   
   

3. On February 23, 1977, Florida cosmetology salon license number CE 0024609 was issued to the Respondent for Esther's Beauty Salon. While that license, as issued, was a permanent license, it subsequently became subject to a biennial renewal. As such, the first renewal deadline thereunder was June 30, 1980. [Section 477.025(8), Florida Statutes (supp. 1978)]

   
   

4. Respondent did not renew her cosmetologist salon license number CE 0024609. Although the Respondent first contends that she did not receive a renewal notice for her license, she later admitted that she was the subject of numerous personal problems stemming from a divorce and pregnancy with her first child and that she may have overlooked the renewal notice. It is here found that the Respondent's failure to renew her cosmetology salon license was the result of an oversight on her part.

   
   

5. On February 2, 1983, Petitioner, through its inspector, Steven Granowitz, inspected Esther's Beauty Salon. At that time, Respondent was operating Esther's Beauty Salon. She was advised that her cosmetologist salon license number CE 0024609 was not valid. Respondent subsequently applied for a new Florida cosmetology salon license and on May 12, 1983, salon license number CE 0034670 was issued to Respondent for Esther's Beauty Salon.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.

   
   

7. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

8. The authority of the Petitioner is derived from Section 455.225(4), Florida Statutes.

   
   

9. Respondent's operation of Esther's Beauty Salon subsequent to June 30, 1980, constitutes a violation of Section 477.029(1)(b), Florida Statutes, as alleged. This conduct constitutes a derivative violation of Section 477.028(2)(b) Florida Statutes, amounting to misconduct in the operation of a cosmetology salon.

RECOMMENDATION

Based on the foregoing findings and fact and conclusions of law, the fact that the Respondent upon notification by inspector Granowitz that her license was, in fact, delinquent, immediately applied for and obtained a currently active cosmetology salon license, and other mitigating factors, I hereby recommend that Respondent shall pay an administrative fine of $250.

RECOMMENDED this 9th day of December, 1983, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 9th day of December, 1983.

ENDNOTE

1/ Pursuant to leave, Petitioner has submitted a proposed Recommended Order which was considered by me in preparation of this Recommended Order. To the extent that the Petitioner's proposed findings, etc. are not incorporated in this Recommended Order, said proposed findings, etc. were deemed either irrelevant, immaterial or not otherwise supported by record evidence.

Additionally, the parties waived the requirement that a Recommended Order be entered herein by the Hearing Officer within thirty days following the close of the hearing.

COPIES FURNISHED:

Theodore R. Gay, Esquire

Department of Professional Regulation

130 N. Monroe Street Tallahassee Florida 32301

Manuel Perez-Padilla, Esquire 3231 SW 16th Terrace

Miami, Florida 33143

Myrtle Aase Executive Director Board of Cosmetology

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 83-002531

Orders for Case No: 83-002531