O71: D004 STATE OF FLORIDA , 4 f 1) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION My hs COSMETOLOGY BOARD ey, Apel be 4 He ADs ‘Sy, t: 0. DEPARTMENT OF BUSINESS AND ls ei Or / PROFESSIONAL REGULATION, ABARAT Nog he Petitioner, vs. . Case No. 2006-059855 CHIC AND SASSY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against CHIC AND SASSY, (“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 2702-B Silver Star Road, Orlando, Florida 32818. 3. At all times material hereto, Respondent was licensed in the State of Florida as a Cosmetology Establishment, having been issued license CE 84418. 4. This investigation was based upon an anonymous complaint that Respondent Salon was operating under an unlicensed name. 5. On or about December 5, 2006, Petitioner’s inspector Ashlee Lamphere traveled to Respondent Salon to investigate the allegations. 6. During the investigation, Petitioner’s inspector observed that the sign on the front of the establishment read “Chic & Sassy V.LP. Barbershop.” 7. During the investigation, a search of Department records reveals that Respondent Salon was licensed under the name “Chic and Sassy.” 8. Section 477.025(7), Florida Statutes, provides in pertinent part that “[n]Jo license for operation of a cosmetology salon or specialty salon may be transferred from the name of the original licensee to another. It may be transferred from one location to another only upon approval by the department, which approval shall not be reasonably withheld.” 9. Section 477.0265(1)(b)1, Florida Statutes, provides in pertinent part that “Tijt is unlawful for any person 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 which is not licensed under the provisions of this chapter.” 10. Section 477.029(1)(i), Florida Statutes, provides that “[I]t is unlawful for any person to: Violate or refuse to comply with any provision of this chapter or chapter 455 or a rule or final order of the board or the department.” 11. During the investigation, Department of Business and Professional Regulation records revealed that Respondents have a history of non-compliance; See Petitioner’s DBPR Citation #’s 2002-015644; 2003-082290; 2003-082295; 2003-082301; 2005-007432; 2005-007434. 12. Section 477.0265(1)(c), Florida Statutes, states that it is a violation to “[e]ngage in willful or repeated violations of [Chapter 477] or of any rule adopted by the Board.” COUNT ONE 13. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve (12) as though fully set forth herein. 14. Section 477.0265(1)(b)1, Florida Statutes, provides in pertinent part that “(i]t is unlawful for any person 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 which is not licensed under the provisions of this chapter.” 15. Section 477.029(1)(i), Florida Statutes, provides that “[I]t is unlawful for any person to: Violate or refuse to comply with any provision of this chapter or chapter 455 or arule or final order of the board or the department.” 16. Based on the foregoing, Respondent violated Section 477,029(1)(i), Florida Statutes, by operating a salon that was not properly licensed, and is thereby subject to discipline pursuant to Sections 477.029(1)(h) and (2), Florida Statutes, | COUNT TWO 17. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve (12) as though fully set forth herein. 18. Section 477.0265(1)(c), Florida Statutes, states that it is a violation to “TeJngage in willful or repeated violations of [Chapter 477] or of any rule adopted by the Board.” . 19. Section 477.029(1)(i), Florida Statutes, provides in pertinent part that “[iJt is unlawful for any person to: violate or refuse to comply with any provision of [Chapter 477] or chapter 455 or a rule or final order of the board or the department.” 20. Based on the foregoing, Respondents violated Section 477.029(1)(), Florida Statutes, by engaging in willful or repeated violations of Chapter 477; Florida Statutes, (See Petitioner’s DBPR Citation #’s 2002-015644; 2003-082290; 2003-082295; 2003-082301; 2005-007432; 2005-007434), 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: revocation or suspension of the Respondent’s license, issuance of a reprimand or censure, imposition of an administrative fine, 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 , 2007. As 6 i gsional Regulation Assistant General Counsel pusiness 4 PreRK Department of Business and pepartment of AGENCY au Professional Regulation : 1940 North Monroe Street Tallahassee, Florida 32399-2202 rf) pln Phone: (850) 487-8435 Facsimile: (850) 414-6749 cure Sot fs pol TAH/jc sat Case # 2006-059855 FOP: 4|2]04 CFT

Docket for Case No: 07-003036