Jul 9 2010 10:09 arfa@e/28le @d:4g 8584146749 DEPR OGA PAGE 83/88 FILED Department of Business and Professional Repulation Deputy Agency Clerk LEAK Brandon Niehals Dae = 4211/2009 STATE OF FLORIDA a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BARBERS’ BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2008-023993 2009-023987 MASTERS BARBER SHOP and ELISABET HERNANDEZ Respondents. ADMINISTRATIVE COMPLAINT Petitioner, Department of Business & Professional Regulation (“Department”), files this Administrative Complaint before the Barbers’ Board, against MASTERS BARBER SHOP and ELISABET HERNANDEZ (“Respondents”), and says: 1. Petitioner is the state agency charged with regulating the practice of barbering pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 476, Florida Statutes, and the rules promulgated thereto. 2. Respondents’ addresses of record are: 260 Royal Palm Beach Blvd, West Palm Beach, FL 33411 and 6674 Duval Ave, West Palm Beach, FL 33411. Document io Unnamed Jul 9 2010 10:09 arfa@e/28le @d:4g 8584146749 DEPR OGA PAGE @4/ae 3. At all times material hereto, Respondents were licensed as a Barber and a Barbershop in the State of Florida, with license numbers BR 319 and BS 1077501, respectively. 4. On April 28, 2009, Petitioner’s inspector conducted an inspection of Respondent barbershop located at 260 Royal Palm Beach Blvd, West Palm Beach, FL 33411, 5. During the inspection, Petitioner’s inspector observed THOMAS LEON-RIVERA performing barber services without a valid license. 6, Additionally, Respondents committed three (3) sanitation violations. 74 Further, Respondents have a history of permitting unlicensed barbering activity: cases # 2006-047194, 2006-047197, 2006-047198, and 2006-047202, COUNT ONE a. Petitioner re-alleges and incorporates the allegations set forth in paragraph ome (1) through seven (7) as though fully set forth herein. 9. Section 476.204(1) (1), Florida Statutes, makes it unlawful for any person to “[v]iolate or refuse to comply with any provision of this chapter or chapter 455 or a rule or final order of the board.” 10. Based on the foregoing, Respondents violated Section A76.,204 (1) (i), Florida Statutes, by committing three (3) Document in Unnamed Jul 9 2010 10:09 arfa@e/28le @d:4g 8584146749 DEPR OGA PAGE @5/@8 sanitation violations: 6163 - 19.011(9), Florida Administrative Code, for not sanitizing combs/brushes or other barbering tools after each patron; 61G3-19.011(d), Florida Administrative Code, for not storing all cleansed/sanitized equipment in clean and Closed cabinets or containers; and 6163-19.011(15), Florida Administrative Code, for not keeping workstations clean to sight and touch. COUNT TWO lil. Petitioner re-alleges and incorporates the allegations set forth in paragraph one (1) through seven (7) as though fully set forth herein, 12. Seetion 476.194(1)(b), Flerida Statutes, makes it unlawful for any person to “engage in willful or repeated violations of this act or of any of the rules adopted by the board.” 13. Based on the foregoing, Respondents violated Section 476,194(1) (6b), Florida Statutes, considering the history of permitting unlicensed barbering activity: cases # 2006-047194, 2006-047197, 2006-047198, and 2006-047202. COUNT THREE 14. Petitioner re-alleges and incorporates the allegations set forth in paragraph one (1) through seven (7) as though fully set forth herein. Doctumant in Unnaried Jul 9 2010 10:09 arfa@e/28le @d:4g 8584146749 DEPR OGA PAGE 86/88 15. Section 476.194(1) (b), Florida Statutes, makes it unlawful for any person to, “hire or amploy any person to engage in the practice of barbering unless such person holds a valid license as a barber.” 16. Based on the foregoing, Respondents violated Section 476.194(1)(c), Florida Statutes, by permitting THOMAS LEON- RIVERA to practice barbering without valid licenses. WHEREFORE, Petitioner respectfully requests the Barbers’ Board enter a Final Order imposing one or more of the following penalties: imposition of an administrative fine, revocation or suspension of the Respondents’ licenses, issuance of a reprimand, placement of the Respondents on probation, restriction of Respondents’ practice, and or any other relief which the Board deems appropriate. SIGNED this lst day of December , 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By: Jason White Jason White Assistant General Counsel Florida Bar No. 0048451 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 410-1537 Telephone (850) 414-6749 Facsimile Document in Unnamed Jul 9 2010 10:09 a7/@e/2616 a4:49 8584146749 DEPR OGA PAGE 87/88 PCP date: 12/1/2009 PCP members: aw JW /imv NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida 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 hig 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. Document in Unnamed

Docket for Case No: 10-004983