STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 85-1048

)

DIANE L. KILPATRICK, )

)

Respondent. )

)

RECOMMENDED ORDER

This case came to be heard on June 25, 1985 in Clearwater, Florida before Donald D. Conn, a duly designated Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Theodore R. Gay, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: No appearance.

Petitioner 1ntroduced five exhibits and called Marjorie May, an inspector with the Department of Professional Regulation, to testify. No transcript of the hearing has been filed. The Petitioner has submitted posthearing proposed findings of fact pursuant to Section 120.57(1)(b)4, Florida Statutes. A ruling on each proposed finding of fact has been made either directly or indirectly in this Recommended Order, except where such proposed findings of fact have been rejected as subordinate, cumulative, immaterial, or unnecessary.

FINDINGS OF FACT

1. At all times material hereto, Respondent has been licensed to practice cosmetology in the State of Florida, having

   been issued license number CL-0122685, although as of June 30, 1984, Respondent's license reverted to inactive status since it had expired and was not renewed.

   
   

2. Respondent was duly notified of the final hearing in this case both at her last address of record in Petitioner's file and also at the address shown on her Election of Rights form.

   
   

3. On October 16, 1984 Marjorie May, an inspector employed by Petitioner, inspected a salon known as One Hair Place located at 2014A Drew Street, Clearwater, Florida. The inspector discovered that Respondent was working as a cosmetologist without a current active license. A work station was set up for Respondent in the salon and there were entries in the salon appointment book for her on that day. Respondent admitted to the inspector that she was working at the salon without a current active license.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this case. Section 120.57(1), Florida Statutes. Section 477.029(2), Florida Statutes, set forth the penalties which may be imposed for violating Chapter 477 including the imposition of an administrative fine.

   
   

5. Section 477.0265(1)(a), Florida Statutes, prohibits any person from engaging in the practice of cosmetology without an active license. See also Section 477.029(1)(a), Florida Statutes.

   
   

6. The Board of Cosmetology has adopted Rule 21F-18.06(3), Florida Administrative Code, which was in effect at all times material hereto and which provides that any license that is not renewed automatically reverts to an inactive status. This rule also sets forth requirements for reactivating a license, including a reactivation application, biennial licensure fee, and verification of completion of continuing education requirements.

RECOMMENDATION

Based upon the foregoing, it is recommended that a Final Order be issued imposing an administrative fine against

Respondent in the amount of two hundred and fifty dollars ($250.00).

DONE and ENTERED this 15th day of July, 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 15th day of July, 1985.

COPIES FURNISHED:

Theodore R. Gay, Esquire

Department of Professional Regulation .

130 North Monroe Street Tallahassee, Florida 32301

Diane Kilpatrick 2014-A Drew Street

Clearwater, Florida 33515

Diane Kilpatrick Fisher 3950 78th Avenue

Pinellas Park, Florida 33565

Fred Roche, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Salvatore A. Carpino, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Myrtle Aase, Executive Director Department of Professional

Regulation

Board of Cosmetology

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 85-001048

Orders for Case No: 85-001048