STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension )

of the license of Joan Dziak ) CASE NO 75-530

)

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 Joan Dziak, on the grounds that on March 29, 1975, she did engage in the practice of cosmetology in her home and patrons' homes without having any Florida cosmetology or salon licenses in violation of Section 477.02(1)(3) and Section 477.15(8), Florida Statutes.

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

Mrs. Dziak submitted an Election of Remedies form which was subscribed and sworn to on May 27, 1975, in which she entered a plea of not guilty and attached a letter of explanation indicating that she was not guilty of any violations as she was not working and did not solicit work. On a few occasions she had washed and set the hair of friends and neighbors without compensation. The board submitted the affidavit of Ada Gersh to the effect that Mrs. Joan Dziak had given her permanent waves over a two year period at a price of $12.00 and that for hair sets every two weeks she paid Mrs. Dziak $4.00 each time. The affidavit of Mrs. Ella M. Knowe indicated Mrs. Joan Dziak had been doing her hair for a long time and that she paid $12.50 for a permanent and $3.00 each two weeks for a shampoo and set.

From the foregoing it is concluded that Mrs. Dziak has been operating contrary to the provisions of Section 477.02(1)(3), Florida Statutes. However, it is to be noted, that violations of Section 477.02, Florida Statutes, constitutes a misdemeanor in the second degree, the jurisdiction over which is vested solely in the judicial system. Since the Board does not have jurisdiction to punish for misdemeanors involving cosmetology laws it follows that the hearing officer also does not have such jurisdiction. 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: 75-000530

Orders for Case No: 75-000530