STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension of )

the license of Anthony Luis, d/b/a Miss ) CASE NO. 75-536 Chick Beauty Salon of Ft. Lauderdale, )

Florida. )

)

RECOMMENDATION

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 Anthony Luis, d/b/a Miss Chick Beauty Salon on the grounds that on November 4, 1974, he allowed Dorothy Trimacco to perform cosmetology services on patrons of the salon while she was not a licensed Florida Cosmetologist, in violation of Section 477.02(6), Florida Statutes.

Exhibit 1, receipt for notice of hearing sent by certified mail, was admitted into evidence. Mr. Anthony Luis appeared and testified that on October 1, 1974, he sold the salon to another party. He did not notify the Board that he had sold his salon, as he was under the impression that the new owners would apply for a new license as he had done when he bought the salon. He held a promissory note dated October 1, 1974, the date of the closing, for part of the purchase price.

The inspector from the cosmetology department visited the Miss Chick Beauty Salon on November 4, 1974, on a routine inspection and found Dorothy Trimacco doing a patron's hair. Upon questioning, she admitted that she did not have a Florida license. One Josephoine Mormile stated that she was the manager of the shop and intended to buy the salon. The license still posted on the wall was in the name of Luis.

From the foregoing, it would appear that at the time of the offense, Mr. Luis was no longer the owner of the salon as he had sold the salon to another party. It is therefore,

RECOMMENDED that the complaint be dismissed.

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: 75-000536

Orders for Case No: 75-000536