Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: LES SCISSORS UNISEX SALON
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jun. 30, 2006
Status: Closed
Recommended Order on Tuesday, October 10, 2006.
Latest Update: Jan. 29, 2007
Summary: As to DOAH Case 06-2329PL, whether Ms. Calix violated the provisions of Section 477.0265(1), Florida Statutes (2005),2 by engaging in the practice of cosmetology without an active license as alleged in the subject Administrative Complaint. As to DOAH Case 06-2330, whether Les Scissors Unisex Salon (Les Scissors) violated Section 477.0265(1)(b)2., Florida Statutes, by permitting an unlicensed person (Ms. Calix) perform cosmetology services as alleged in the subject Administrative Complaint.Petiti
Summary: As to DOAH Case 06-2329PL, whether Ms. Calix violated the provisions of Section 477.0265(1), Florida Statutes (2005),2 by engaging in the practice of cosmetology without an active license as alleged in the subject Administrative Complaint. As to DOAH Case 06-2330, whether Les Scissors Unisex Salon (Les Scissors) violated Section 477.0265(1)(b)2., Florida Statutes, by permitting an unlicensed person (Ms. Calix) perform cosmetology services as alleged in the subject Administrative Complaint.Petitioner failed to prove that Respondent engaged in the unlicensed practice of cosmology.
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STATE OF FLORIDA f= | I EP
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION? &= f=!
COSMETOLOGY BOARD .
20h JUN 30 A Il: 2b
DEPARTMENT OF BUSINESS AND AHN re 4 Thar
PROFESSIONAL REGULATION, atte 4 VE
Petitioner,
VS Case No. 2006-007940
~~ “LES SCISSORS UNISEX SALON>~—---—-— —- mene een see
Respondent.
/
- ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION (“Department”), files this Administrative Complaint before the Board of
Cosmetology, against LES SCISSORS UNISEX SALON (“Respondent”), and says:
1. Petitioner is the state agency charged with regulating the practice of
cosmetology pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 477,
Florida Statutes, and the rules promulgated thereto.
2. Respondent’s address of record is 2135 West Flagler Street, Miami,
Florida 33135.
3. At all times material hereto, Respondent was licensed in the State of
Florida as a cosmetology salon, having been issued license CE 9961882.
4, On or about February 8, 2006, Petitioner’s inspector, Idelmis Delrio,
conducted a routine inspection of Respondent salon,
5. During the inspection, Petitioner’s inspector observed DANIA R. CALIX
performing a manicure on a client for seven dollars.
6. During the inspection, Department of Business and Professional
Regulation records revealed that CALIX was unlicensed as a cosmetologist in the State
of Florida.
7 Section 477.0265(1)(b)2, Florida Statutes, states in pertinent part that it is
_ unlawful | for any person 1 to ‘ ‘[o]wn, operate, maintain, 1, Open, establish, conduct, or have
charge of, either alone or with another person or persons, a cosmetology salon or
specialty salon: in which a person not licensed or registered as a cosmetologist or a
specialist is permitted to perform cosmetology services or any specialty.”
8. Based on the foregoing, Respondent violated Section 477.029(1)(i),
Florida Statutes, by allowing CALIX to practice cosmetology without a license, and is
thereby subject to discipline pursuant to Sections 477.029(1)(h) and (2), Florida Statutes.
WHEREFORE, Petitioner respectfully requests the Board of Cosmetology enter
a Final Order imposing one or more of the following penalties: imposition of an
administrative fine, revocation or suspension of the Respondent's license, issuance of a
reprimand, placement of the Respondent on probation, restriction of Respondent's
practice, and or any other relief which the Board deems appropriate.
SIGNED this /¥. ~day of May, 2006.
etal kiatmmwnin —— eghe LT Orr SBN
Department of Business and Professional Regulation hes) - iNet:
AGENCY CLERK Charles F. Tunnicliff
Chief Professions Attorney
CLERK Stak 2. Work oy
DATE 5-23 “200% _
Docket for Case No: 06-002330
Issue Date |
Proceedings |
Jan. 29, 2007 |
Final Order filed.
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Oct. 10, 2006 |
Recommended Order (hearing held August 8, 2006). CASE CLOSED.
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Oct. 10, 2006 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Oct. 09, 2006 |
Order of Consolidation (DOAH Case Nos. 06-2329PL and 06-2330).
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Oct. 02, 2006 |
Petitioner`s Proposed Recommended Order filed.
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Sep. 20, 2006 |
Transcript filed. |
Aug. 08, 2006 |
CASE STATUS: Hearing Held. |
Aug. 03, 2006 |
Amended Notice of Hearing (hearing set for August 8, 2006; 10:30 a.m.; Miami, FL; amended as to time of hearing).
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Aug. 01, 2006 |
Petitioner`s Exhibit List filed.
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Aug. 01, 2006 |
Petitioner`s Witness List filed.
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Jul. 12, 2006 |
Order of Pre-hearing Instructions.
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Jul. 12, 2006 |
Notice of Hearing (hearing set for August 8, 2006; 1:00 p.m.; Miami, FL).
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Jul. 11, 2006 |
Response to Initial Order filed.
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Jun. 30, 2006 |
Election of Rights filed.
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Jun. 30, 2006 |
Administrative Complaint filed.
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Jun. 30, 2006 |
Agency referral filed.
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Jun. 30, 2006 |
Initial Order.
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Orders for Case No: 06-002330
Issue Date |
Document |
Summary |
Jan. 26, 2007 |
Agency Final Order
|
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Oct. 10, 2006 |
Recommended Order
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Petitioner failed to prove that Respondent engaged in the unlicensed practice of cosmology.
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