STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 88-1306

)

MARIA L. SERAFINO, )

)

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 June 15, 1988 in Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: Charles F. Tunnicliff

Chief Attorney and Tobi Pam, Esquire Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

For Respondent: No Appearance 1/

ISSUE PRESENTED

The issue presented for decision herein is whether or not Respondent practice cosmetology without being licensed and, if so, what penalty is appropriate.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I make the following relevant factual findings:

1. The Petitioner, Department of Professional Regulation, Board of Cosmetology, is the state agency charged with regulating the practice of cosmetology in Florida.

   
   

2. On December 8, 1987, Leonard Baldwin, inspector for Petitioner, inspected a cosmetology salon known as "The Hairstylist" which is located at 8672 Griffin Road, Cooper City, Florida. During inspector Baldwin's routine inspection at that time, Respondent was working at the Hairstylist as a cosmetologist. Respondent had been so employed for approximately two weeks.

3. Respondent was not licensed as a cosmetologist at the time of inspector Baldwin's inspection on December 8, 1987, nor was she licensed at the time of Petitioner's official records search on March 18, 1988.

   
   

4. Respondent did not appear at the hearing to contest or otherwise refute the charges that she had engaged in the practice of cosmetology without a license.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

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

7 The authority of the Petitioner is derived from Chapter 477, Florida Statutes.

8. Respondent, by engaging in the practice of cosmetology without first being duly licensed or registered and by holding herself out as a cosmetologist at the Hairstylist salon, engaged in proscribed conduct in violation of sections 477.0265(1)(a) and 477.029(1)(a) and (h), Florida Statutes.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that:

1. Petitioner enter a Final Order imposing an administrative fine against Respondent in the amount of two hundred fifty dollars ($250.00) payable to Petitioner within 30 days of issuance of its Final Order.

   
   

2. Respondent be issued a letter of reprimand by Petitioner with guidance instructions.

RECOMMENDED this 29th day of September, 1988, 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 29th day of September, 1988.

ENDNOTE

1/ Notice was provided to Respondent, Maria L. Serafino, at her last known address and she, or a representative on her behalf, did not appear at the hearing.

COPIES FURNISHED:

Charles F. Tunnicliff Chief Attorney

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Bruce D. Lamb General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Myrtle Aase Executive Director

Department of Professional Regulation, Board of Cosmetology

130 North Monroe Street Tallahassee, Florida 32399-0750

Maria L. Serafino 2070 Sweetgum Avenue

Pembroke Pines, Florida 33026

Docket for Case No: 88-001306

Orders for Case No: 88-001306