Ply En STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAGIQN COSMETOLOGY BOARD AR 29 A Dive Ms 4y Aanyls Res ON IeTs yet OF DEPARTMENT OF BUSINESS AND HEAR IEA lye PROFESSIONAL REGULATION, AGS TS Petitioner, O S - | \ 1.) i) PL vs. Case No. 2004-043239 DORIS DENISE GARDNER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against DORIS DENISE GARDNER (“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 103 Evan Street, Brandon, Florida 33510. 3. Atall times material hereto, Respondent was licensed as a Cosmetologist, license number CL 168048. 4. At all times material hereto, Faithful Cutters Beauty Salon was licensed in the State of Florida as a cosmetology salon, holding license number CE 71068. 5. At all times material hereto, Respondent is the owner of Faithful Cutters Beauty Salon. 6. On or about August 20, 2004, Petitioner Inspector, John Miranda, conducted a routine inspection of Faithful Cutters Beauty Salon, located at 103 Evans Street, Brandon, Florida 33510. 7. During the inspection, Petitioner Inspector observed Tasha Reed applying a substance from a bowl to a client, then place a plastic cap on that client and put the client under the dryer. 8. Department of Business and Professional Regulation records revealed that Reed is unlicensed as a cosmetologist in the State of Florida. 9. A cosmetologist and the practice of cosmetology is defined in sections 477.013(3) and 477.013(4), Florida Statutes, which states in pertinent part: (1) “Cosmetologist” means a person who is licensed to engage in the practice of cosmetology. (2) “Cosmetology” means the mechanical or chemical treatment of the head, face, and scalp for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair arranging, hair coloring, permanent waving, and hair relaxing for compensation. 10. Section 477.0265(1)(b)2, Florida Statutes, states that it is unlawful to “fo}wn, operate, maintain, 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.” 11. Based on the foregoing, Respondent violated section 477.0265(1)(b)2, Florida Statutes by employing an unlicensed individual to practice cosmetology, and is thereby subject to discipline pursuant to sections 477.029(1)(h) and (2), Florida Statute 477] or Chapter 455 or a rule or final order of the Board or Department.” WHEREFORE, Petitioner respectfully requests the Board of Cosmetology to 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 200% 57 Ce) 2 irr 0B Charles F. Tunnicliff Chief Professions Attorney Attorney for Petitioner: F L ; Charles F. Tunnicliff and Professional Regulation Chief Professions Attorney Depart ot EPUTY CLERK Florida Bar No. 153831 . Department of Business and ’ Professional Regulation CLERK 9005. 1940 North Monroe Street - yy ° _ Tallahassee, Florida 32399-2202 DATE Phone: (850) 487-9656 Facsimile: (850) 414-6749 CFT/jbm ‘ Case # 2004-048098 December 12, 2004 pe pole OF EA

Docket for Case No: 05-001102PL