STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF )

COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 87-3582

)

LAWRENCE R. CRAWFORD, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled case on October 15, 1987, at Clearwater, Florida.

APPEARANCES

For Petitioner: Charles Tunnicliff, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

For Respondent: Respondent was not present

nor represented.

By Administrative Complaint filed May 28, 1987, the Department of Professional Regulation (DPR), Petitioner, seeks to revoke, suspend, or otherwise discipline the cosmetology license of Lawrence R. Crawford, Respondent. As grounds therefor it is alleged Respondent has been practicing cosmetology with a suspended license since January 1987.

This hearing was scheduled to commence at 9:00 A.M., and at that time Respondent was not present. When the hearing commenced shortly after 9:15 A.M., the Respondent still was not present. A Notice of Hearing in this case was mailed to the address given by Respondent on his Election of Rights form in which he requested this hearing, and the envelope containing this Notice of Hearing was not returned.

At the hearing, Petitioner called one witness and one exhibit was admitted into evidence. Petitioner waived the right to submit a proposed recommended order.

FINDINGS OF FACT

1. At all times relevant hereto Lawrence R. Crawford was licensed as a cosmetologist by DPR, having been issued License No. CL 0081100.

2. By Final Order dated December 31, 1985, Respondent was found guilty of practicing cosmetology without being properly licensed and fined $450 with suspension of license until the fine was paid. (Exhibit 1)

   
   

3. Respondent paid $225 of this fine in February 1986, but has made no subsequent payment nor has he renewed the cosmetology license which expired June 30, 1984.

   
   

4. An inspection of Respondent's salon at 1383 Gulf to Bay Boulevard, Clearwater, Florida, was conducted March 11, 1987, and Respondent was observed working on a client of the salon. At this time he had no active license.

   
   

5. By Final Order dated August 12, 1983, the Board of Cosmetology found Respondent guilty of operating as a cosmetologist without an active salon license, assessed a fine of $50, and suspended his license until the fine was paid. (Exhibit 1). The record (Exhibit 1) fails to disclose whether this fine was paid; however, no current license was issued to Respondent.

   
   

6. On October 2, 1987, Petitioner's inspector passed the address of Respondent's salon on Gulf to Bay Boulevard and noticed all equipment had been removed as well as the sign containing the name of the salon.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   
   

8. Section 477.029(1), Florida Statutes, provides it is unlawful for any person to hold himself out as a cosmetologist unless duly licensed as provided in this chapter and subsection (2) thereof provides that if any person violates provisions of this section the board may revoke or suspend his license.

   
   

9. Here, it is clear that Respondent has operated a cosmetology salon and practiced cosmetology without a current active license for the past several years. It is

RECOMMENDED that CL 0081100 issued to Lawrence R. Crawford be revoked. ENTERED this 29th day of October, 1987, in Tallahassee, Florida.

K. N. AYERS 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 29th day of October, 1987.

COPIES FURNISHED:

Charles Tunnicliff, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Lawrence R. Crawford

1383 Gulf to Bay Boulevard Clearwater, Florida 33515

Tom Gallagher Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Myrtle Aase Executive Director Board of Cosmetology

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 87-003582

Orders for Case No: 87-003582