STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension )

of the license of Patricia McCracken ) CASE NO. 75-510

)

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, Florida, for the Board of Cosmetology; and

John C. Kersten, 2851 East Oakland Boulevard, Ft. Lauderdale, Florida, representing the respondent.

By this complaint the Florida State Board of Cosmetology seeks to revoke, annul, withdraw or suspend the license of Patricia A. McCracken on the grounds that on March 4, 1975 she did practice cosmetology on the person Carol Masters without a Florida Cosmetology License at the Turn of the Century Beauty Salon in violation of Section 477.02(1)(3), Florida Statutes. Exhibit 1, receipt for Notice of Hearing sent by certified mail was admitted into evidence. Also admitted into evidence was the affidavit of Patricia McCracken which had been admitted into evidence in the case involving the Turn of the Century Beauty Salon. The testimony of the investigator for the Board, given in the case involving the Turn of the Century Beauty Salon, was stipulated to be admissible into evidence in this case. This testimony was to the effect that on March 4, 1975, he observed Patricia A. McCracken practicing cosmetology as alleged.

It is noted that violation of Section 477.02(1)(3), Florida Statutes constitutes a misdemeanor in the second degree which can be prosecuted only in the judicial system. Accordingly, neither the Board nor the Hearing Officer has jurisdiction in this matter. 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 32304

Docket for Case No: 75-000510

Orders for Case No: 75-000510