~~ £ g STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION COSMETOLOGY BOARD 25 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, O1 . 3 Y % ) vs. Case No. 2006-008629 DON’S HAIR PAIR, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against DON’S HAIR PAIR (“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 19-A East Jefferson Street, Quincy, Florida 32351. 3. At all times material hereto, Respondent was licensed in the State of Florida as a Cosmetology Establishment, having been issued license CE 40604. 4. On or about February 17, 2006, Petitioner’s inspector Jami McClellan conducted a routine inspection of Respondent Cosmetology Establishment. 5. During the inspection, Petitioner’s inspector observed BRITT DONNARENE providing cosmetology services to a client for compensation. 6. During the inspection, Department of Business and Professional Regulation records revealed that BRITT DONNARENE was unlicensed as a cosmetologist in the State of Florida. 7. Section 477.0265(1)(b)2, Florida Statutes, states in pertinent part that it is unlawful for any person to “[o]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.” 8. During the inspection, Petitioner’s inspector observed that the most recent inspection sheet was not displayed within view of the front entrance of the salon. 9. Rule 61G5-20.004(1)(b), Florida Administrative Code, provides that all cosmetology salons “shall display within their salons in a conspicuous place which is clearly visible to the general public upon entering the salon the following documents: a legible copy of the most recent inspection sheet for the salon.” 10. During the inspection, Petitioner’s inspector observed that there were large amounts of hair on the floor at two work stations in the salon, one of which was unoccupied. 11. Rule 61G5-20.002(1)(c)1, Florida Administrative Code, provides that “(hair must not be allowed to accumulate on the floor of the salon. Hair must be deposited in a closed container.” 12. During the inspection, Petitioner’s inspector observed that dirty utensils. were scattered on the work stations, both in the drawers and on the counters. 13. Rule 61G5-20.002(2)(e), Florida Administrative code, states that “[a]fter cleaning and disinfecting, articles shall be stored in a clean, closed cabinet or container until used. Undisinfected articles such as pens, pencils, money, paper, mail, etc., shall not be kept in the same container or cabinet. For the purpose of recharging, rechargeable clippers may be stored in an area other than in a closed cabinet or container, provided such area is clean and provided the cutting edges of such clippers have been disinfected.” 14. Section 477.029(1)(i), Florida Statutes, provides that it is unlawful for any person to “[v]iolate 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.” COUNT ONE 15. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fourteen (14) as though fully set forth herein. 16. Section 477.0265(1)(b)2, Florida Statutes, states in pertinent part that it is unlawful for any person to “[o]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.” 17. Based on the foregoing, Respondent violated Section 477.029(1)Q), Florida Statutes, by permitting BRITT DONNARENE, an unlicensed person, to perform cosmetology services, and is thereby subject to discipline pursuant to Sections 477.029(1)(h) and (2), Florida Statutes. COUNT TWO 18. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fourteen (14) as though fully set forth herein. 19. Section 477.029(1)(i), Florida Statutes, provides that it is unlawful for any person to “[v]iolate or refuse to comply with any provision of [Chapter 477] or Chapter 455 or arule or final order of the Board or the Department.” 20. Based on the foregoing, Respondent violated Section 477.029(1)Q), Florida Statutes, by not properly posting the most recent inspection sheet, and is thereby subject to discipline pursuant to Sections 477.029( 1)(h) and (2), Florida Statutes. COUNT THREE 21. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fourteen (14) as though fully set forth herein. 22. Section 477.029(1)(i), Florida Statutes, provides that it is unlawful for any person to “[v]iolate or refuse to comply with any provision of [Chapter 477] or Chapter 455 or atule or final order of the Board or the Department.” 23. Based on the foregoing, Respondent violated Section 477.029(1)(@), Florida Statutes, by allowing hair to accumulate on the floor, and by not properly storing cosmetology utensils, 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. , A SIGNED this 274 Gay ot pias , 2007. / pd) t: Qin Charles F. Tunnicliff Chief Professions Attorney Attorney for Petitioner: F | » nal Regulation Charles F. Tunnicliff Department of Business and Professional Reg! Chief Professions Attorney AGENCY CLERK Florida Bar Number: 153831 Department of Business and Professional Regulation } eae 1940 North Monroe Street cur Soqohr &.W at Tallahassee, Florida 32399-2202 pate__be- 29- ~Z00 Phone: (850) 488-0062 Facsimile: (850) 414-6749 CFT/jjc Case # 2006-008629 POP. (o\jaajOF OFT

Docket for Case No: 07-003433