STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION COSMETOLOGY BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2004-060863 JOSEPH JOHN’S BEAUTY SPA & PRODUCTS, INC., Olo “ O | 2 “[ Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Department”), files this Administrative Complaint before the Board of Cosmetology, against JOSEPH JOHN’S BEAUTY SPA & PRODUCTS, 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 3530 SW 81, Miami, Florida 33135.. 3. At all times material hereto, Respondent was licensed as a cosmetology salon in the State of Florida, holding license number CE 9961286. 4. On or about December 17, 2004, Petitioner Inspector Garry Joinville, conducted a routine inspection of Respondent salon. 5. During the inspection, Petitioner Inspector observed Agustin Corrales performing services on clients in exchange for money. 6. Department of Business and Professional Regulation records revealed that Corrales is unlicensed as a cosmetologist in the Stafe of Florida. 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. (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 “To]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 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 Vis day of J arch _, 2005. Attomey 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 # 2004-060863 March 4, 2005 PC, CAT 3-7 os” Bad tars Charles F. Tunnicliff Chief Professions Attorney FILED Department of Business and Professional Regutation DEPUTY

Docket for Case No: 06-000137