“8 te Sram oe STATE OF FLORIDA : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BARBERS’ BOARD CHRO | 2 po eng DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, - Petitioner, vs. Case No. 2003-095478 ISLODA ALBERT, l |. CLT API OU UPSPL Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Barbers’ Board, against ISLODA ALBERT (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the practice of barbering pursuant to section 20.165, Florida Statutes, and Chapters 455 and 476, Florida Statutes, and the rules promulgated thereto. 2. Respondent’s address of record is 1031 Springdale Court, Palm Springs, Florida 33461. 3. At all times material hereto, Respondent was licensed as a barber in the State of Florida, having been issued license BB 54357. 4. At all times material hereto, Respondent was the owner of DA DA UNISEX barbershop, located at 527 Northwood Road, West Palm Beach, Florida 33407. 5. On or about December 15, 2003, Petitioner Investigator, Yvonne Grutka, conducted an inspection of DA DA UNISEX barbershop, located at 527 Northwood Road, West Palm Beach, Florida 33407 based on receipt of an anonymous complaint alleging Respondent was operating an unlicensed barbershop and employing an unlicensed person as a barber. 6. During the inspection, Respondent barbershop was open for business and operating. 7. During the inspection, Petitioner Inspector observed a black male giving a client a clipper cut. 8. During the inspection, when asked by Petitioner Inspector, Respondent would not identify the black male after the black male fled the premises. 9. The practice of barbering is defined in section 476.034, Florida Statutes, which states in pertinent part: (1) “Barber” means any person who is licensed to engage in the practice of barbering in this state under the authority of [Chapter 476]. (2) “Barbering” means any of the following practices when done for remuneration and for the public, but not when done for the treatment of disease or physical or mental ailments: shaving, cutting, trimming, coloring, shampooing, arranging, dressing, curling, or waving the hair or beard or applying oils, creams, lotions, or other preparations to the face, scalp, or neck, either by hand or mechanical appliances. 10. During the inspection, Department of Business and Professional Regulation records revealed that DA DA UNISEX was unlicensed in the State of Florida. 11.‘ During the inspection, Department of Business and Professional Regulation records revealed Respondent has a history of non-compliance and license violations. (See Petitioner’s Exhibits 6 and 7.) COUNT ONE 12. Petitioner realleges and incorporates the allegations set forth in paragraph one through eleven (11) as though fully set forth herein. 13. Section 476.194(1)(e)2, Florida Statutes, states that it is unlawful for any person to “own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a barbershop: in which a person not licensed as a barber is permitted to perform services.” 14. Based on the foregoing, Respondent violated section 476.194(1)(e)2, Florida Statutes, by employing an unlicensed individual, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to sections 476.204(1)(h) and (2), Florida Statutes. COUNT TWO 15. Petitioner realleges and incorporates the allegations set forth in paragraph one through eleven (11) as though fully set forth herein. 16. Section 476.194(1)(e)1, Florida Statutes, states that it is unlawful for any person to “own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a barbershop: which is not licensed.” 17. Based on the foregoing, Respondent violated section 476.194(1)(e)1, Florida Statutes, by owning and operating an unlicensed barbershop and is therefore subject to disciplinary action by the Barbers’ Board pursuant to sections 476.204(1)(h) and (2), Florida Statutes. COUNT THREE 18. Petitioner realleges and incorporates the allegations set forth in paragraph one through eleven(11) as though fully set forth herein. 19. Section 476.194(1)(b), Florida Statutes, states that it is unlawful for any person to “(e]ngage in willful or repeated violations of [Chapter 476] or of any of the rules adopted by the Board.” 20. Based on the foregoing, Respondent violated section 476.194(1)(b), Florida Statutes, by repeatedly violating licensing requirements and is therefore subject to disciplinary action by the Barbers’ Board pursuant to sections 476.204(1)(h) and (2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Barbers’ Board 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 out, of Ags sw. , 2004, Susan Wilkinson Assistant General Counsel FILED Department of Business and Professional Regulation Attorney for Petitioner: DEPUTY CLERK Susan Wilkinson MW . Florida Bar No. 0686743 cuerx ravdn Teckel istant General 10 é Assistant General Counsel DATE - =2004 Office of the General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida, 32399-2202 Phone: (850) 487-8435 Facsimile: (850) 414-6749 SW/tah September 15, 2004 Case Number: 2003-095478 P.C. 4-24 - 0% CeT

Docket for Case No: 04-004113PL