STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT )

OF PROFESSIONAL REGULATION, )

BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

v. ) CASE NO. 91-7750

)

SABRINA LEONARD d/b/a )

SABRINA'S BEAUTY SALON, )

)

Respondent. )

)

RECOMMENDED ORDER

Following the provision of notice a formal hearing was held in this cause in the Hamilton County Courthouse, in Jasper, Florida, on February 5, 1992.

Authority for the conduct of the hearing is set forth in Section 120.57(1), Florida Statutes. Charles C. Adams served as the Hearing Officer.

APPEARANCES

For Petitioner: Lois B. Lepp, Esquire

Department of Professional Regulation

1940 North Monroe Street Tallahassee, FL 32399-0792

Respondent pro se: Sabrina Leonard

Post Office Box 500 Jasper, FL 32052

STATEMENT OF ISSUES

The issues here concern an administrative complaint, DPR Case No. 91-11773, charging the Respondent with operating a cosmetology salon for which a license to operate had not been obtained. See Section 477.029(1)(b), Florida Statutes, (1989).

PRELIMINARY STATEMENT

Having been accused of the violation Respondent requested a formal hearing. The case was referred to the Division of Administrative Hearings to conduct that hearing and the hearing proceeded on the aforementioned date.

At hearing Petitioner presented the testimony of Noel Crick and four exhibits by Petitioner were admitted. Respondent testified in her own behalf.

A request was made to officially recognize Chapter 21F, Florida Administrative Code. That recognition was given.

A transcript was requested and filed with the Division of Administrative Hearings on February 19, 1992. Petitioner submitted a proposed recommended order which has been considered. The facts suggested by the proposal are commented on in an appendix to this recommended order.

FINDINGS OF FACT

1. At all times relevant to the inquiry Respondent has held license CL 0121148, issued by the Board of Cosmetology.

   
   

2. As late as September 25, 1991, a cosmetology salon license had never been issued to Sabrina's Beauty Salon at 1002 First Avenue, Jasper, Florida.

   
   

3. At various times between June 26, 1991 and September 6, 1991, Respondent operated a cosmetology salon (Sabrina's Beauty Salon) at the 1002 First Avenue, Jasper, Florida address.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

5. Respondent is accused in accordance with Section 477.029(1), Florida Statutes, of operating a cosmetology salon that was not duly licensed. She is guilty. Consequently, Respondent is subject to the discipline set out in Section 477.029(2), Florida Statutes; however, Petitioner has forgone the request to revoke or suspend the cosmetology license which Respondent holds based upon an amendment to the Administrative Complaint in that portion which requests relief. That amendment was not opposed by the Respondent when made a the commencement of the hearing. In accordance with the disciplinary guidelines set forth in Rule 21F-30.001(1)(b), Florida Administrative Code, this violation warrants the imposition of an administrative fine in the amount of $500.00.

RECOMMENDATION

Based upon the facts found and the conclusions of law reached, it is, RECOMMENDED:

That a Final Order be entered which imposes a $500.00 fine for this violation.

DONE and ENTERED this 5th day of March, 1992, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 5th day of March, 1992.

APPENDIX TO RECOMMENDED ORDER

The Petitioner's facts are subordinate to facts found with the exception of paragraphs (1) and (13) which are necessary to the resolution of the dispute.

Copies furnished:

Lois B. Lepp, Esquire Department of Professional

Regulation

1940 North Monroe Street Tallahassee, FL 32399-0792

Sabrina Leonard Post Office Box 500 Jasper, FL 32052

Myrtle Aase, Executive Director Department of Professional

Regulation

1940 North Monroe Street Tallahassee, FL 32399-0792

Jack McRay, General Counsel Department of Professional

Regulation

1940 North Monroe Street Tallahassee, FL 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in .....which to submit written exceptions. Some agencies allow a larger period within which top submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions..... to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 91-007750

Orders for Case No: 91-007750