STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF COSMETOLOGY )

)

Petitioner, )

)

vs. ) CASE NO. 84-4511

)

MARIE J. JEUNE d/b/a )

JOSET'S BEAUTY SALON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this matter came on to be heard on March 14, 1985 in Fort Lauderdale, Florida before Donald D. Conn, a duly designated Hearing Officer of the Division of Administrative Hearings. The parties were represented as follows:

Petitioners: Theodore R. Gay, Esquire

130 North Monroe Street Tallahassee, Florida 32301

Respondent: Marie J. Jeune, pro se

3279 Northwest 41st Street

Fort Lauderdale, Florida 33309

The Department of Professional Regulation, Petitioner, has filed an Administrative Complaint before the Board of Cosmetology against Marie J. Jeune, Respondent. The Administrative Complaint alleges that Respondent operated a salon without a current active cosmetology salon license and that she employed an unlicensed person to practice cosmetology in the unlicensed salon in violation of Sections 477.0265(1)(b)1, 2, and 477.029(1)(b),(c), F.S. At the hearing Petitioner introduced six (6) exhibits and called one witness, Alexa Arachy, an inspector employed by the Department of Professional Regulation. The Respondent testified on her own behalf and called one additional witness. No transcript of the hearing has been filed.

FINDINGS OF FACT

1. Marie J. Jeune, Respondent, owns an establishment known as Joset's Beauty Salon located at 341 N.W. 3rd Street, Pompano Beach, Florida.

   
   

2. From January, 1984 until July, 1984 Respondent operated Joset's Beauty Salon as a cosmetology salon but at no time did she have a license from the Board of Cosmetology for the salon. During this time, she employed a licensed cosmetologist on the premises, and she testified that she did not know that the

   salon had to be licensed. She thought she was complying with the law by employing a licensed cosmetologist and obtaining an occupational license. In July, 1984 the licensed cosmetologist left her employment at Joset's Beauty Salon due to pregnancy.

   
   

3. On October 9, 1984, Alexa Arachy, an inspector employed by the Department of Professional Regulation conducted an inspection of Joset's Beauty Salon. Inspector Arachy observed an unlicensed person, later identified as Respondent's sister-in- law, Ms. McPhaton Jeune, giving a shampoo to a woman in the salon. She also observed two shampoo sinks, a salon station, numerous open bottles of dyes and waving lotions, combs, brushes, towels, hair on the floor, and a trash container full of items which would normally result from the operation of a salon.

   
   

4. At no time has either Respondent or Ms. McPhaton Jeune been licensed by the Board of Cosmetology or the Barber Board, nor has Joset's Beauty Salon ever been licensed by the Board of Cosmetology, or the Barber Board.

   
   

5. Proposed findings of fact submitted by Petitioner pursuant to Section 120.57(1)(b)4, F.S. have been considered in making the above findings of fact. A ruling on each proposed finding of fact has been made either directly or indirectly in this Recommended Order, except where such proposed findings have been rejected as subordinate, cumulative, immaterial or unnecessary.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of these proceedings pursuant to Section 120.57(1), F.S.

7. Section 477.0265(1)(b)1 and 2, F.S., states:

It is unlawful for any person to:

* * *

(b) Own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person, or persons, a cosmetology salon:

1. Which is not licensed or registered under the provisions of this chapter . . .

2. In which a person not licensed or registered as a cosmetologist is permitted to perform cosmetology services.

1. Section 477.029(1)(b) and (c), F.S., states:

   
   

   * * *

   1. Operate any . . . cosmetology salon unless it has been duly licensed as provided in this chapter, . . .

   2. Permit an employed person to practice or teach cosmetology unless duly licensed as provided in this chapter.

   
   

2. The evidence presented at the final hearing establishes that Respondent has violated the above-cited provisions of the Florida Cosmetology Act, Chapter

   477, F.S., and that her violations continued for at least six months from January to July, 1984. There is also evidence that an unlicensed person, Ms. Mcphaton Jeune, was practicing cosmetology on this premises on October 9, 1984.

   
   

3. Therefore, the evidence presented establishes that there are grounds for disciplinary action against Respondent pursuant to Section 477.029(2), F.S. The disciplinary jurisdiction of the Board of Cosmetology under Section 477.029 is not limited to licensees, but expressly includes any person who violates Chapter 477, F.S.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law it is recommended that the Board of Cosmetology enter a Final Order imposing an administrative fine against Respondent in the amount of three hundred dollars ($300).

DONE and ENTERED this 2nd day of April, 1985 at Tallahassee, Florida.

DONALD D. CONN, 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 2nd day of April, 1985.

COPIES FURNISHED:

Theodore R. Gay, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Marie J. Jeune

341 N.W. 3rd Street

Pompano Beach, Florida 33060

Fred Roche, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 84-004511

Orders for Case No: 84-004511