Dec 4 2009 14:06 12/63/2689 88:48 8584146749 DEPR OGA PAGE 88/11 FILED nae Department of Butieess ard Professional Reputation: Deputy Agency Clerk CLERK Brandon Nichols Date 8/27/2009 Fite # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION COSMETOLOGY BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2008-047514 MERCEDES’ PLACE UNISEX, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administxative Complaint before the Board of Cosmetology, against Mercedes’ Place Unisex (“Respondent”), and says: 1. Petitioner ig 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 promilgated thereto. 2. Respondent's address of record is 32 Northwest 167%" Street, North Miami, Florida 33162. 3. At all times material hereto, Respondent salon was licensed in the State of Florida as a Casmetology Salon having license CE 65697. 4. On July 8, 2008, Kristy Lynn Picornell ("Picornell”) visited Respondent salon located at the address listed above. GAOGC Professions Boards\Cosmetology\AC\LeChea Parson's Law Clerks\Cheri-ann Cranston\Merecedes Place Unisex\AC.doc ] Dec 4 2009 14:06 12/ag/28e89 8a:4e 8584146749 DEPR OGA PAGE 9/11 5. During Picornell’s visit, Nicole M. Scott (“Scott”) applied hair color and extensions to Ficernell’s hair. ) 6. Scott is not duly licensed in the State of Florida to provide cosmetology services. 7. Picornell paid Respondent salon and Scott $958 for the cosmetology services provided by Scott. B. Section 477.0265(1) (b) (2), Florida Statutes, states that “it 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 galon in which A person not licensed or registered as a cosmetologist or a specialist ig permitted to perform cosmetology services or any specialty.” 9. Based on the foregoing, Respondent violated Section 477.0265(1) (b) (2), Florida Statutes, by permitting Nicole M. Scott to perform cosmetology services without a cosmetology license. WHEREFORE, Petitioner respectfully requests the Board of Cosmetology enter a Final Order imposing one ox 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. GAOGC\Professions Boards\Cnsmetology\AC\LeChea Parson's Law Clerks\Cheri-ann Granston\Mcrecedes Place Unisex AC.doe 2 Dec 4 2009 14:06 12/ag/28e89 8a:4e 8584146749 DEPR OGA PAGE 18/11 Signed this 1% day of _(fowen «2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation Lechea Parson Assistant General Counsel Florida Bar No. 0016869 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahasseaé, FL 32399-2202 (850) 410-1537 Telephone (850) 414-6745 Pacsimile PCP Date: 3H los PCP Members: Lf LF/ocag GAOGC\ Professions Boards\Cosmetolngy\AC\LeChea Parson's Law Clerks\Cheri-ann Granston\Merecedes Place Unisex AC.doc 3 Dec 4 2009 14:07 12/ag/28e89 8a:4e 8584146749 DEPR OGA PAGE 11/11 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Plerida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing ‘is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, May assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. GAOGC\Professions Boards\Cosmetolagy\AC\LeChea Parson's Law Cletks\Cherl-ann Granston\Merecedes Place Unisex\AC.doc 4

Docket for Case No: 09-006626