STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-508

) ULRIKE HOUBRICK d/b/a TURN OF ) CENTURY )

)

Respondent. )

) BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-509

) NANCY COLLINS d/b/a TURN OF ) CENTURY )

)

Respondent. )

)

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 matters on June 17, 1975, in Ft. Lauderdale, Florida.

APPEARANCES

For Petitioner: Ronald C. LaFace

Post Office Box 1752 Tallahassee, Florida

For Respondents: John C. Kersten

2851 East Oakland Boulevard Ft. Lauderdale, Florida

At the beginning of the Hearing the attorney representing both of the respondents in this case moved to consolidate the hearings inasmuch as the same evidence was applicable to each of the complaints. This motion was concurred in by the attorney for the Board and the motion was granted. By these complaints, the Florida State Board of Cosmetology seeks to revoke, annul, withdraw or suspend the license of the Turn of the Century Beauty Salon held by Ulrike Houbrick and Nancy Collins on the grounds that on March 14, 1975, each did allow Patricia A. McCracken to practice cosmetology in the salon without a valid Florida Cosmetology license in violation of Section 47-7.02(6), Florida Statutes. Exhibit 1, receipt for Notice of Hearing sent by Certified Mail to Ulrike Houbrick and Exhibit 2, receipt for Notice of Hearing sent by Certified Mail to Nancy Collins, were admitted into evidence.

On March 4, 1975 the examiner for the Board visited Turn of the Century Beauty Salon on a normal routine inspection. During the inspection he found Patricia McCracken washing a patron's hair without a Florida license. She acknowledged that she was the receptionist and was only helping out. The owners of the salon were not present during his visit. In defense, an affidavit of McCracken, affidavit of Ms. Houbrick, affidavit of Ms. Collins, an affidavit of Ms. Cardozo and an affidavit of Ms. Wilson were admitted into evidence as Exhibits 3, 4, 5, 6 & 7 respectively. These affidavits basically indicated that Ms. McCracken had been specifically advised that she was hired only as a receptionist and was specifically told not to do any cosmetology work. This was the sum and substance of the affidavits in Exhibits three through seven. Ms.

McCracken indicated that she thought the reason that she was told not to work on any patrons was solely because she was hired as a receptionist and not because it was against the law for her to do so. During a busy period when she decided to try and help out, the inspector arrived on the scene.

From the foregoing, it is concluded that both Ulrike Houbrick and Nancy Collins, doing business as Turn of the Century, are guilty as charged. However, from the evidence submitted it appears that there are certain mitigating circumstances which should be considered by the Board. The facts alleged constitutes a technical violation; however, there appears to be no way an owner can positively preclude one not licensed from occasionally taking part in a cosmetology procedure, particularly when the owner or manager of the shop is not personally present. It is therefore,

RECOMMENDED that Nancy Collins and Ulrike Houbrick be issued a letter of caution.

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 32304

Docket for Case No: 75-000508

Orders for Case No: 75-000508