Judges: K. N. AYERS
Agency: Department of Business and Professional Regulation
Latest Update: Jan. 19, 1977
Summary: Complaint alleging practice of cosmetology without a license dismissed for lack of jurisdiction on the misdemeanor.
75-0529.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: The revocation or suspension )
of the license of Dorothy Lee Roach ) CASE NO. 75-529
)
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 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 Florida State Board of Cosmetology seeks to revoke, annul, withdraw or suspend the license of Dorothy Lee Roach on the grounds that on January 20, 1975, she did practice cosmetology without a Florida cosmetology license at Moorings Beauty Salon, 3400 Tamiami Trail North, Naples, Florida, in violation of Section 477.02(1) and (3), Florida, Statutes. Exhibit 1, receipt for Notice of Hearing sent by certified mail, was admitted into evidence.
On Election of Remedies form subscribed and sworn to on June 6, 1975, Dorothy Lee Barrs, formally Dorothy Lee Roach, entered a plea of no contest and indicated that she would appear at the hearing. Mrs. Barrs acknowledged that she was in violation of the Statutes when she was working for Mrs. Drews and stated the reason she did so was because Mrs. Drews was ill and she (Mrs. Barrs) needed work. At the time she had a master cosmetology license from California, and subsequent to the issuance of the violation she, in April, 1975, obtained a master cosmetology license from the State of Florida.
From the foregoing it is concluded that Dorothy Roach a/k/a Dorothy Barrs is guilty as alleged. However, it is to be noted that the acts complained of constitute a misdemeanor in the second degree, the jurisdiction over which is vested solely in the judicial system. Neither the board of Cosmetology nor 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: 75-000529
Orders for Case No: 75-000529
| Issue Date |
Document |
Summary |
|
Sep. 17, 1975 |
Agency Final Order
|
|
|
Jul. 03, 1975 |
Recommended Order
|
Complaint alleging practice of cosmetology without a license dismissed for lack of jurisdiction on the misdemeanor.
|
