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BOARD OF COSMETOLOGY vs. WILLIAM J. SULLO, 75-000522 (1975)

Court: Division of Administrative Hearings, Florida Number: 75-000522 Visitors: 28
Judges: K. N. AYERS
Agency: Department of Business and Professional Regulation
Latest Update: Jan. 19, 1977
Summary: Complaint against cosmetologist working without a valid license dismissed for lack of jurisdiction.
75-0522.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


IN RE: The revocation or suspension )

of the license of Williams J. Sullo ) CASE NO. 75-522

)


RECOMMENDED ORDER


Pursuant to notice, the Division of Administrative Hearings by it duly designated hearing officer, K.N. Ayers held a public hearing on the above matter on June 16, 1975, in Ft. Lauderdale, Florida.


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


By this complaint the State Board of Cosmetology seeks to revoke, annul, withdraw or suspend the license of William D. Sullo on the grounds that on November 19, 1974, he did practice cosmetology without a license at Dominic's Hair Salon in violation of Section 477.02(1)(3), Florida Statutes.


On a routine inspection of Dominic's Hair Salon the inspector for the Board found William J. Sullo working as a cosmetologist with an expired permit. Mr.

Sullo testified that he was aware that it was illegal for him to continue to work after he had failed part of the examination; however, he was making good money and was interested in working. In defense of his failure to comply with the statutes, Mr. Sullo testified that he had been a barber since he was seventeen years old and during the time he was working after his permit had expired he was doing no work in any field that he had failed in the exam. All he was doing was haircuts at the salon. From the foregoing the Hearing Officer finds the respondent guilty as charged.


Violation of Section 477.02, Florida Statutes constitutes a misdemeanor in the second degree, the jurisdiction over which is vested solely in the judicial system. Accordingly, neither the Board not the Hearing Officer has jurisdiction in this matter. It is therefore,


RECOMMENDED that the complaint be dismissed. DONE and ENTERED this 3rd day of July, 1975.


K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-0705


Docket for Case No: 75-000522
Issue Date Proceedings
Jan. 19, 1977 Final Order filed.
Jul. 03, 1975 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 75-000522
Issue Date Document Summary
Sep. 17, 1975 Agency Final Order
Jul. 03, 1975 Recommended Order Complaint against cosmetologist working without a valid license dismissed for lack of jurisdiction.
Source:  Florida - Division of Administrative Hearings

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