STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 88-0136

)

CONTEMPORARY HAIR DESIGN, )

)

Respondent. )

)

RECOMMENDED ORDER

Final hearing in the above-styled action was held on February 24, 1988, in Orlando, Florida, before Mary Clark, Hearing Officer of the Division of Administrative Hearings.

The parties were represented as follows:

For Petitioner: Charles F. Tunnicliff, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

For Respondent: Lenny Layland

Contemporary Hair Designs 1935 Aloma Avenue

Winter Park, Florida 32792 BACKGROUND AND PROCEDURAL MATTERS

Petitioner's Administrative Complaint was filed on December 15, 1987, alleging that Respondent violated Chapter 477, F.S., by operating a salon without an appropriate active cosmetology salon license.

Respondent requested a formal hearing, and appeared in his own behalf at the hearing.

Petitioner presented one witness and two exhibits, both received into evidence without objection. Respondent also presented two exhibits and no witnesses, other than himself.

No transcript was prepared and neither party submitted proposed orders or other post-hearing pleadings.

ISSUE

The issue for determination is whether Respondent committed the violations as alleged, and, if so, what disciplinary action is appropriate.

FINDINGS OF FACT

1. Lenny Layland owns the cosmetology salon located at 1935 Aloma Avenue in Winter Park, Florida.

   
   

   The salon was licensed effective August 13, 1987, under his ownership and the name, Contemporary Hair Design, license number CE-0044980.

   
   

2. The same salon was previously licensed under the ownership of his sister, Lorrie Layland, as "Blazing Scissors."

   
   

3. The shop has been in the family for several years. When Lenny Layland acquired ownership, no actual sale took place. His sister did not have time to run the shop, so he took it over in order to protect the family investment.

   
   

   He did not know that a new license was required until Valarie Flowers, the DPR inspector, visited the premises on July 22, 1987.

   
   

   As soon as she told him he needed a license, he acquired one.

   
   

4. Lenny Layland also had purchased another salon that was not in his family and had properly acquired a license for it.

   
   

5. At the time of Ms. Flowers' inspection, no other violations were found, nor is there evidence of prior violations by the Respondent.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties and subject matter in this proceeding, pursuant to Section 120.57(1) F.S. and 455.225(4), F.S.

   
   

7. Respondent is charged with violations of the following provisions of Chapter 477, F.S., regulating the practice of cosmetology:

   
   

   477.0265 Prohibited acts.--

   1. It is unlawful for any person to:

      * * *

      1. Own, operate, maintain, open, establish, conduct or have charge of, either alone or with another person or persons, a cosmetology salon or specialty salon:

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

            * * *

            477.029 Penalty.--

            1. It is unlawful for any person to:

               * * *

               (b) Operate any school of cosmetology or cosmetology salon unless it has been duly licensed as provided in this chapter, except that nothing herein shall be construed to prevent the teaching of cosmetology within the public school system or through any other government operated program in this state.

               * * *

               (h) Violate any provision of Section 477.0265, Section 477.028, or Section 455.227(1).

               * * *

            2. Any person who violates the provisions of this section shall be subject to one or more of the following penalties, as determined by the board.

               1. Revocation or suspension of any license or registration issued pursuant to this act.

               2. Issuance of a reprimand or censure.

               3. Imposition of an administrative fine not to exceed $500 for each count or separate offense.

            
            

8. Rule 21F-20.006, F.A.C., requires a new license when a salon is transferred from the name of one licensee to another.

   
   

9. While it is clear that a technical violation occurred, Mr. Layland's good faith confusion, immediate corrective action and prior good record mitigate the usual recommended penalty of an administrative fine of $50.00 per month of continued violation. See Rule 21F-30.001, F.A.C.

RECOMMENDATION

It is, therefore, RECOMMENDED:

That a final Order be entered by the Board, finding Respondent violated Chapter 477, F.S., as alleged, and imposing an administrative fine of $50.00.

DONE AND RECOMMENDED this 25th day of March, 1988, in Tallahassee, Florida.

MARY CLARK

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 25th day of March, 1988.

COPIES FURNISHED:

Charles F. Tunnicliff, Esquire Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Lenny Layland, Esquire Contemporary Hair Designs 1935 Aloma Avenue

Winter Park, Florida 32792

Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

William O'Neil, Esquire General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 88-000136

Orders for Case No: 88-000136