STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL REGULATION, ) BOARD OF BARBERS, )

)

Petitioner, )

)

vs. ) CASE NO. 89-2173

)

RICARDO BLANCO, )

)

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, 1989, in Tampa, Florida.

APPEARANCES

For Petitioner: Charles F. Tunnicliff, Esquire Chief Attorney

Professions Section

130 North Monroe Street Tallahassee, Florida 32399-0750

For Respondent: Ricardo Blanco, Pro Se

6919 North Cameron Avenue Tampa, Florida 33614

STATEMENT OF THE ISSUE

Whether or not Respondent practiced barbering without a current active license in violation of Sections 476.204(1)(a) and (h), Florida Statutes.

FINDINGS OF FACT

1. Petitioner, Department of Professional Regulation, is the state agency charged with regulating the practice of barbering pursuant to Section 20.30, Florida Statutes and Chapter 476, Florida Statutes.

   
   

2. Ricardo Blanco, Respondent herein, during times material hereto, was not licensed to practice barbering in Florida.

   
   

3. On September 30, 1988, Steve Yovine, an inspector employed by Petitioner, Board of Barbers, made a routine inspection of Vic's Barber Shop located at 9010 Hickory Circle in Tampa, Florida. At that time, Respondent was practicing barbering and had been so doing since approximately September 29, 1988. 1/

4. Since Inspector Yovine's inspection of Vic's Barber Shop on September 30, 1988, Respondent has not practiced barbering without a license.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

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

   
   

7. Section 476.194(1)(a), Florida Statutes, proscribes the practice of barbering without an active license as a barber issued pursuant to Chapter 476, Florida Statutes. Section 476.204(1)(a), Florida Statutes, proscribes an unlicensed person from holding himself out as a barber. And, Section 476.204(1)(h) makes it unlawful for any person to violate any provision of Section 476.194, Florida Statutes.

   
   

8. Clear and convincing evidence was offered herein to establish that Respondent, on September 30, 1988, engaged in the practice of barbering without an active license within the purview of Section 476.194(1)(a), Florida Statutes. Based thereon, Respondent engaged in unlawful conduct within the purview of Sections 476.204(1)(a) and (h), Florida Statutes.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions - of law, it is RECOMMENDED that:

Petitioner enter a Final Order imposing an administrative fine against Respondent in the amount of $100 which shall be payable within 30 days of entry of the Final Order entered herein. 2/

DONE AND ENTERED this 8th day of July, 1989, in Tallahassee, Leon County, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 18th day of July, 1989.

ENDNOTES

1/ Although not relevant here, Respondent has since become licensed to practice barbering in Florida.

2/ This recommended penalty is in keeping with the guidelines provided in Chapter 21, Florida Administrative Code.

COPIES FURNISHED:

Charles F. Tunnicliff, Esquire Professions Section

Department of Professional Regulation

1940 North Monroe, Suite 60

Tallahassee, FL 32399-0750

Ricardo Blanco

6919 North Cameron Avenue Tampa, FL 33614

Kenneth E. Easley, Esquire General Counsel

Department of Professional Regulation

1940 North Monroe, Suite 60

Tallahassee, Florida 32399-0729

Myrtle Aase, Executive Director Barbers' Board

Department of Professional Regulation

1940 North Monroe, Suite 60

Tallahassee, Florida 32399-0729

Docket for Case No: 89-002173

Orders for Case No: 89-002173