Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: BEST CUT BARBERSHOP
Judges: PATRICIA M. HART
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Oct. 12, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 9, 2005.
Latest Update: Nov. 17, 2024
STATE OF FLORIDA
BARBERS’ BOARD
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
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Petitioner, a
vs. Case No. 2004-027507
BEST CUT BARBERSHOP,
Respondent.
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Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
(“Department”), files this Administrative Complaint before the Barbers’ Board, against BEST
CUT BARBERSHOP (“Respondent”), and says:
1.
rules promulgated thereto.
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
2.
33314.
Respondent’s address of record is 189 South Gate Boulevard, Margate, Florida
3.
4,
At all times material hereto, Respondent has been licensed as a barbershop in the
State of Florida, holding license number BS 12982.
Margate, Florida 33314.
On or about April 23, 2004, Petitioner Investigator, Cheryl McDonnough,
conducted a routine inspection of Respondent barbershop located at 189 South Gate Boulevard,
EXHIBIT A
5. During the inspection, Petitioner Inspector observed Respondent barbershop had
expanded into the space next door to barbershop.
6. During the inspection, Petitioner Inspector observed Respondent barbershop had
eighteen chairs and one sink. (See Petitioner’s Exhibit 1.)
7. Rule 61G3-19.011(6), Florida Administrative Code, provides that each
barbershop “must have one sink for each two barber chairs.”
8. During the inspection, Department of Business and Professional Regulation
records revealed that Respondent barbershop’s application alleged that Respondent barbershop
would have six chairs and three sinks. (See Petitioner’s Exhibit 1.)
COUNT ONE
9. Petitioner realleges and incorporates the allegations set forth in paragraph one
through eight (8) as though fully set forth herein. .
10. = Section 476.204(1)(i), Florida Statutes, states that it is unlawful for any person to
“Tyjiolate or refuse to comply with any provisions of [Chapter 476] or Chapter 455 or arule or
final order of the Board.”
11.‘ Based on the foregoing, Respondent violated section 476.204(1)(i), Florida
Statutes, by violating a sanitary rule and is therefore subject to disciplinary action by the
Barbers’ Board pursuant to section 476.204(2), Florida Statutes
COUNT TWO
12. __‘ Petitioner realleges and incorporates the allegations set forth in paragraph one
through eight (8) as though fully set forth herein.
13. Section 476.204(1)(e), Florida Statutes, states that it is unlawful for any person to
“olive false or forged evidence to the Department in obtaining any license provided for in
[Chapter 476].”
' 14. Based on the foregoing, Respondent violated section 476.204(1)(e), Florida
Statutes, by giving fraudulent information to the Department of Business and Professional
Regulation when applying for licensure and is therefore subject to disciplinary action by the
Barbers’ Board pursuant to section 476.204(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_2__ day of , 2004.
Susan Wilkinson
Assistant General Counsel
FILED
| Regulation
Attorney for Petitioner: Department of is eT el id
Susan Wilkinson EPUTY
Florida Bar No. 0686743
Assistant General Counsel 4 ., egal
Office of the General Counsel CLERK ‘S-20- AO dean
Department of Business and Professional Regulation
one Dr AOA S
1940 North Monroe Street
Tallahassee, Florida, 32399-2202
Phone: (850) 487-8435
Facsimile: (850) 414-6749
SWhah
July 12, 2004
Case Number: 2004-027507
PLP Cate Quoust 4,200 CET
Docket for Case No: 05-003775
Issue Date |
Proceedings |
Dec. 09, 2005 |
Order Closing File. CASE CLOSED.
|
Dec. 09, 2005 |
Motion to Relinquish Jurisdiction filed.
|
Nov. 09, 2005 |
Amended Notice of Hearing (hearing set for December 14, 2005; 9:00 a.m.; Lauderdale Lakes, FL; amended as to location).
|
Oct. 31, 2005 |
Order of Pre-hearing Instructions.
|
Oct. 31, 2005 |
Notice of Hearing (hearing set for December 14, 2005; 9:00 a.m.; Fort Lauderdale, FL).
|
Oct. 18, 2005 |
Response to Initial Order filed.
|
Oct. 12, 2005 |
Administrative Complaint filed.
|
Oct. 12, 2005 |
Election of Rights filed.
|
Oct. 12, 2005 |
Agency referral filed.
|
Oct. 12, 2005 |
Initial Order.
|