STATE OF FLORIDA on a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION = ot COSMETOLOGY BOARD 2005 JUN -1 AIk 5) DEPARTMENT OF BUSINESS AND Sl. PROFESSIONAL REGULATION, MEY HE oa AR its G3 pe) Petitioner, vs. Case No. 2004-011126 iA | G ,; CAP OF MERRITT ISLAND, INC. d/b/a A Total Look, +) Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against CAP OF MERRITT ISLAND, INC., (“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 1111 N. Banana River Drive, Merritt Island, Florida 32953. 3, At all times material hereto, Respondent was licensed as a cosmetology salon in the State of Florida, holding license number CE 72426. 4. On or about February 24, 2004, Petitioner Inspector, Pat Hasley, conducted a routine inspection of Respondent cosmetology salon. 5. During the inspection, Petitioner Inspector observed Jeffery Pennington cutting and styling a customer’s hair. 6. During the inspection, the owner of the salon admitted to the inspector that Pennington worked at Respondent salon. 7. 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 in this state under the authority of this chapter. (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. 8. Section 477.0265(1)(b)2, Florida Statutes, states that it is unlawful to “(o]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.” 9. Based on the foregoing, Respondent violated section 477.0265(1)(b)2, Florida Statutes by employing someone without a cosmetology license, and is thereby subject to discipline pursuant to sections 477.029(1)(h) and (2), Florida Statute 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 264, of Zl wack eke Dud Charles F. Tunnicliff Chief Professions Attorney Attorney for Petitioner: Charles F. Tunnicliff Chief Professions Attorney Florida Bar No. 153831 Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Phone: (850) 487-9656 Facsimile: (850) 414-6749 CFT/jbm Case # 2004-011126 February 24, 2005 (GQ 3-26 05 CF , 2005. “ F | L jonal Regulativti epartment of Business and Professiona AGENCY CLERK curk Soqnhs 2- Wewom oate__-p[ - 200

Docket for Case No: 05-001984