iy ps STATE OF FLORIDA tan i= PS DEPARTMENT OF BUSINESS AND PROFESSIONAL aaa COSMETOLOGY BOARD PH I; 06 Atk iis Og DEPARTMENT OF BUSINESS AND Heap al ATI VE PROFESSIONAL REGULATION, Petitioner, VS. Case No. 2005-011039 TERESA A. BUSH, () ly . So aT p Le Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against TERESA A. BUSH (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the practice of cosmetology pursuant to Section 20.165, Florida Statute, and Chapters 455 and 477, Florida Statutes, and the rules promulgated thereto. 2. At all times material hereto, Respondent was licensed in the State of Florida to operate a cosmetology establishment, license number CE 79462. 3. At all times material hereto, Respondent was licensed in the State of Florida to practice cosmetology, license number CL 169818. 4. Respondent’s address of record is 3742 SW Masilunas Street, Port St. Lucie, Florida 34953. 5. On or about February 10, 2005, Petitioner’s inspector, Yvonne Grutka, conducted a routine inspection of BEING SERIOUS located at 1236 Avenue D, Fort Pierce, Florida 34950. 6. At all times material hereto, Respondent was the owner and operator of the salon. 7. During inspection, Petitioner’s inspector observed Respondent setting a female client’s hair. - 8. During the investigation, Department records revealed Respondent’s Cosmetology Establishment license was delinquent as of December 1, 2004. 9. Section 477. 0265(1)(b)1, Florida Statutes, in states in pertinent part that it is unlawful to own or operate a salon “[w]hich is not licensed under the provisions of this chapter [Chapter 477].” 10. During the investigation, Department records revealed that Respondent’s Cosmetology license was delinquent as of November 1, 2004. 11. Section 477.0265(1)(a), Florida Statutes, in pertinent part states that it is unlawful to for any person to “[eJngage in the practice of cosmetology or a specialty without an active license.” 12. During the investigation, Department records revealed that Respondent has a history of allowing her licenses to become delinquent. Respondent’s establishment license was previously delinquent on December 1, 2000 and was not renewed until March 13, 2001. Respondent’s personal cosmetology license became delinquent on November 1, 2002, and was not renewed until November 27, 2002. 13. Section 477.0265(1)(c), Florida Statute, in pertinent part states that it is unlawful for any person to “[e]ngage in willful or repeated violations of this chapter or of any rule adopted by the board.” COUNT ONE 14. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen (13) as though fully set forth herein. 15. Section 477.0265(1)(a), Florida Statutes, in pertinent part states that it is unlawful for any person to “[e|ngage in the practice of cosmetology or a specialty without an active license.” 16. Based on the foregoing, Respondent violated Section 477.0265(1)(a), Florida Statutes, by practicing cosmetology without a delinquent license, and is thereby subject to discipline pursuant to Sections 477.029(1)(h) and (2), Florida Statutes. COUNT TWO 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen (13) as though fully set forth herein. 18. Section 477.0265(1)(b)1, Florida Statutes, in states in pertinent part that it is unlawful to own or operate a salon “[w]hich is not licensed under the provisions of this chapter [Chapter 477].” 19. Based on the foregoing, Respondent violated Section 477.0265(1)(b)1, Florida Statutes, by operating a cosmetology salon with a delinquent license, and is thereby subject to discipline pursuant to Sections 477.029(1)(h) and (2), Florida Statutes. COUNT THREE 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen (13) as though fully set forth herein. 21. Section 477.0265(1)(c), Florida Statute, in pertinent part states that it is unlawful for any person to “[eJngage in willful or repeated violations of this chapter or of any rule adopted by the board.” 22. Based on the foregoing, Respondent violated section 477.0265(1)(c), Florida Statutes, by repeatedly operating a cosmetology establishment with a delinquent license, by repeatedly practicing cosmetology with a delinquent 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 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 ign day of O dsbes , 2005. Department of Business and Cameron Dougherty e Professt lath DEPUTY CLERK nal Regulation Legal Intern 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 CFT/dag September 28, 2005 Case # 2005-011039 7@ jo-(b- 65 CE

Docket for Case No: 06-003637PL