STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension )

of the license of Margie F. Lyons ) CASE NO. 75-511 of Pompano, Florida )

)

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.

By this complaint the Florida State Board of Cosmetology seeks to revoke, annul, withdraw or suspend the license of Margie Franklin Lyons on the grounds that on March 8, 1975 she did practice cosmetology on the person of Francis Melillo without a Florida cosmetology license at Beauty Spot of Coral Ridge, Ft. Lauderdale, Florida in violation of Section 477.02(1), Florida Statutes.

Exhibit 1, receipt of Notice of Hearing sent by certified mail, was admitted into evidence.

In an Election of Remedies form subscribed and sworn to on the 27th day of May, 1975, Margie Franklin Lyons pleaded the facts as alleged were true but do not constitute a violation of the law. In explanation thereof she stated that her girl friend and she went into the Beauty Spot to get their hair done. She polished her own nails while under the dryer. Thereafter while Ms. Melillo was still under the dryer she asked her to put polish on her nails as they were going out to lunch together. While engaged in putting fingernail polish on her friend, Ms. Lyons was observed by the inspector. The inspector for the board testified that on March the 8th he visited the Coral Ridge Beauty Spot on a regular inspection and upon entry found Ms. Lyons giving a manicure to Ms.

Melillo. Both parties stated that they were patrons and close friends.

From the foregoing it is concluded that perhaps there is a technical violation of the Statutes. However, it is noted that violation of Section 477.02, Florida Statues, is 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: 75-000511

Orders for Case No: 75-000511