STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension of )

the license of Robert Ungerer d/b/a ) CASE NO. 75-531 Safari Hair Emporium. )

)

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 Robert Ungerer d/b/a Safari Hair Emporium, who holds License No. Salon 19230, on the grounds that on March 27, 1975, as owner of the above salon, he allowed Rita L. Matello to practice cosmetology in his salon without a Florida cosmetology license in violation of Section 477.02(6), Florida Statutes. Exhibit 1, receipt of Notice of Hearing sent by certified mail, was admitted into evidence.

Mr. Ungerer submitted a plea of no contest and under oath testified that Ms. Matello was hired as a receptionist and during a period of time when he was absent from the shop she did engage in the practice of cosmetology without his knowledge. Submitted into evidence as Exhibit 2, a transcript of the John F. Kennedy High School, Bellmore, N.Y. of Ms. Matello, show that she had 350 hours credit in Beauty Culture. This was submitted by way of mitigation to show that in performing the shampoo she was not doing anything that was likely to cause injury to a patron of the salon. He further testified that since the incident occurred, Ms. Matello has enrolled in a beauty culture school and is in the process of obtaining a license.

From the foregoing it is concluded that Robert Ungerer d/b/a Safari Hair Emporium, is guilty of the offense as alleged in violation of Section 477.02(6), Florida Statutes. There was no allegation or testimony by any board witness to the effect that the Safari Hair Emporium had committed any other violation of the Florida Cosmetology statutes. It is therefore,

RECOMMENDED that Robert H. Ungerer d/b/a Safari Hair Emporium, 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

(904) 488-0705

Docket for Case No: 75-000531

Orders for Case No: 75-000531