STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension )

of the license of Shirley Fields ) CASE NO. 75-515

)

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, Florida.

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 Shirley Fields on the grounds that she did on February 14, and May 2, 1975 practice cosmetology without the supervision of a master cosmetologist in violation of Sections 477.04 and 477.15, Florida Statutes. Exhibits 1 and 2, receipt for Notice of Hearing sent by mail, was admitted into evidence.

On an Election of Remedies form subscribed and sworn to on May 27, 1975, Shirley Fields pleaded No Contest. On February 14, 1975, the inspector for the Board of Cosmetology visited Grayson's Beauty Salon on a routine inspection.

Upon arrival she found Ms. Fields alone practicing cosmetology on a patron. Upon her revisit to Salon on May 2, 1975, the inspector again found Ms. Fields practicing without the presence of a master cosmetologist in the shop. In her

explanation submitted with the Election of Remedies forms Ms. Fields stated that the reason she was the only one in the shop at the time of the inspection was because the master cosmetologist was out of the shop when a patron came in requesting to have her hair done as she needed to go to a funeral. While Ms.

Fields was doing the hair of this patron the inspector arrived.

From the foregoing the Hearing Officer finds the respondent guilty as charged. It would appear that the operator in a situation such as this would have little control over the movements and presence of the master cosmetologist. The cosmetologist could have appointments for several patrons and upon their arrival she could not guarantee the presence of the master cosmetologist. Under such circumstances the revocation of the license of a cosmetologist for working, and by so doing violating the provisions of the statutes, would appear to be unduly harsh and unjust. It is therefore

RECOMMENDED that Shirley Fields be issued a letter of admonition.

DONE and 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: 75-000515

Orders for Case No: 75-000515