STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension )

of the license of Dorothy Bata Trimacco ) CASE NO. 75-537

)

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 Bata Trimacco on the grounds that on November 4, 1974, she did practice cosmetology on a patron without a Florida cosmetology license in violation of Section 477.02(1)(3), Florida Statutes. Exhibit 1, a receipt for Notice of Hearing sent by certified mail, was admitted into evidence.

On an Election of Remedies form subscribed and sworn to on the 30th day of May, 1975, Dorothy Bata Trimacco entered a plea of No Contest. Ms. Trimacco appeared and testified that she held a license in Florida and Ohio and that Mrs. Mormile desired her to work for her. She took the exam in the first week of December and now has her Florida license. At the time of the offense alleged, she stated she was not working for Ms. Mormile. However, Ms. Mormile had asked her to come in and do the hair for one patron and that is the only one that she worked on before she obtained her license.

Violation of Section 477.02, Florida Statutes constitutes a misdemeanor, the jurisdiction over which is vested solely in the judicial system.

Accordingly, neither the Board no 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.

K.N. AYERS Hearing Officer

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

Docket for Case No: 75-000537

Orders for Case No: 75-000537