STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension )

of the license of Lucia Hermann ) CASE NO. 75-503

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings by its duly designated hearing officer, K. N. Ayers, held a public hearing on the above matter on June 17, 1975, in Ft. Lauderdale, Fl.

APPEARANCES: Ronald C. LaFace, Post Office Box 1752, Tallahassee, Fl., for the Board of Cosmetology.

By this complaint the Florida State Board of Cosmetology seeks to revoke, annul, withdraw, or suspend the license of Lucia M. Hermann to practice cosmetology on the allegation that on February 13, 1975, Lucia M. Hermann did practice cosmetology without a license at the LaWanda Beauty Salon, Lauderdale by the Sea, in violation of Section 477.02(1) and (3), Florida Statutes.

Exhibit 1, receipt of Notice of Hearing was admitted into evidence.

The respondent did not appear at the hearing and the testimony of the board inspector was uncontradicted that on February 13, 1975, he observed her practicing cosmetology without a license at the LaWanda Beauty Salon.

From the foregoing it is concluded that Lucia M. Hermann is guilty as charged. However, it is to be noted that the practicing of cosmetology without the benefit of a license is a misdemeanor under the Florida Statutes. The only jurisdiction to consider this type of an offense is the judicial system.

Accordingly, the board and the hearing officer herein are without jurisdiction to consider the charges alleged herein. It is therefore,

RECOMMENDED that the complaint be dismissed.

ENTERED this 3rd day of July, 1975 in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida

Docket for Case No: 75-000503

Orders for Case No: 75-000503