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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs CUT IT UP, INC., 06-001032 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-001032 Visitors: 27
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: CUT IT UP, INC.
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Mar. 22, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 25, 2006.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA Ny DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION) Dy COSMETOLOGY BOARD lige OILS . “in, Pili “tes 1, DEPARTMENT OF BUSINESS AND “PL PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2004-055387 . er CUT IT UP INC., Ole )/0> Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against CUT IT UP 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 7580 NW 186" Street, Suite 101+104, Miami Lakes, Florida 33015. 3. At all times material hereto, Respondent was a licensed Cosmetology Establishment in the State of Florida, license number CE 9954563. 4. On or about November 9, 2005, Petitioner’s inspector, Garry Joinville, conducted an inspection of Respondent salon. EXHIBIT A 5. During the inspection, Petitioner's inspector observed all of the workstations occupied and clients being serviced. When Petitioner’s inspector identified himself to the receptionist, three (3) of the individuals performing cosmetology services to customers walked out the back of the establishment. 6. During the inspection, the owner of the establishment provided the names and addresses of the three (3) individuals who left. 7. The three named individuals are: a, JUAN COELLO, 4940 NW 183” Street, Miami, Florida 33055 b. MAXIMO MARTINEZ, 5875 West 72"! Street, Hialeah, Florida 33012 c. JEROME HENDERSON, address unavailable. 8. During the investigation, Department records revealed that. JUAN COELLO, MAXIMO MARTINEZ, and JEROME HENDERSON are not licensed to practice Cosmetology in the State of Florida. 9. Section 477.0265(1)(b)2, Florida Statutes, in pertinent part states that it is unlawful to own or operate, a cosmetology salon or specialty salon “fijn which a person not licensed or registered as a cosmetologist or a specialist is permitted to perform cosmetology services or any specialty.” COUNT ONE 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine (9) as though fully set forth herein. 11. Section 477.0265(1)(b)(2), Florida Statutes, in pertinent part states that it is unlawful to Own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a cosmetology salon or specialty salon “[ijn which a person not licensed or registered as a cosmetologist or a specialist is permitted to perform cosmetology services or any specialty.” 12, Based on the foregoing, Respondent violated Section 477.0265(1)(b)(2), Florida Statutes, by permitting an unlicensed person, JUAN COELLO, to practice cosmetology without a cosmetology license, and is thereby subject to discipline pursuant to sections 477.029(1)(h) and (2), Florida Statutes. COUNT TWO 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine (9) as though fully set forth herein. 14. Section 477.0265(1)(b)(2), Florida Statutes, in pertinent part states that it is unlawful to Own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a cosmetology salon or specialty salon “[iJn which a person not licensed or registered as a cosmetologist or a specialist is permitted to perform cosmetology services or any specialty.” 15. Based on the foregoing, Respondent violated Section 477.0265(1)(b)(2), Florida Statutes, by permitting an unlicensed person, MAXIMO MARTINEZ, to practice cosmetology without a cosmetology license, and is thereby subject to discipline pursuant to sections 477.029(1)(h) and (2), Florida Statutes. COUNT THREE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine (9) as though fully set forth herein. 17.‘ Section 477.0265(1)(b)(2), Florida Statutes, in pertinent part states that it is unlawful to Own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a cosmetology salon or specialty salon “[i]n which a person not licensed or registered as a cosmetologist or a specialist is permitted to perform cosmetology services or any specialty.” 18. Based on the foregoing, Respondent violated Section 477.0265(1)(b)(2), Florida Statutes, by permitting an unlicensed person, JEROME HENDERSON, to practice cosmetology without a cosmetology license, and is thereby subject to discipline pursuant to sections 477.029(1)(h) and (2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Cosmetology 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 7" day of ams, 2006, FIL - i lation Department of Business and Professional Regu! ) epal AGENCY CLERK ( vyneem at CLERK ware 1718 20C% Cameron Dougherty Legal Intern datenkene- Attorney for Petitioner: Cameron Dougherty Legal Intern Office of the General Counsel Department of Business and Professional Regulations 1940 North Monroe Street Phone: (850) 487-8435 Facsimile: (850) 414-6749 CCD/dag December 7, 2005 Case # 2004-055387 POP: | fu[dle CFT

Docket for Case No: 06-001032
Issue Date Proceedings
May 25, 2006 Order Closing File. CASE CLOSED.
May 24, 2006 Petitioner`s Motion for Voluntary Dismissal of Charges and Cancellation of Hearing filed.
May 17, 2006 Amended Notice of Video Teleconference (hearing scheduled for May 26, 2006; 9:00 a.m.; Miami and Tallahassee, FL; amended as to Location of Tallahassee Site).
May 12, 2006 Petitioner`s Witness List filed.
May 12, 2006 Petitioner`s Exhibit List filed.
Apr. 17, 2006 Undeliverable envelope returned from the Post Office.
Apr. 17, 2006 Undeliverable envelope returned from the Post Office.
Apr. 04, 2006 Notice of Hearing by Video Teleconference (video hearing set for May 26, 2006; 9:00 a.m.; Miami and Tallahassee, FL).
Apr. 04, 2006 Undeliverable envelope returned from the Post Office.
Mar. 29, 2006 Response to Initial Order filed.
Mar. 22, 2006 Initial Order.
Mar. 22, 2006 Administrative Complaint filed.
Mar. 22, 2006 Election of Rights filed.
Mar. 22, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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