STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or suspension of )

the license of Erma C. Ferro d/b/a GiGi ) CASE NO. 75-541 of Belgium. )

)

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 Erma C. Ferro d/b/a GiGi of Belgium, on the grounds that on January 20, 1975, she did allow Margaret McGrath to practice cosmetology on Annehese Regan without the supervision of a master cosmetologist in violation of section 477.27(1), 477.15(8), and 477.02(4), Florida Statutes. Exhibit 1, receipt for Notice of Hearing, sent by certified mail, was admitted into evidence.

On an Election of Remedies form sworn and subscribed to on May 22, 1975, Erma C. Ferro entered a plea that the facts as alleged are true but do not constitute a violation of law. She filed an explanation that at the time in question she had gone out to lunch with her husband and that Miss McGrath was unable to reach her prior to the time the inspector departed the salon. She further stated that Annehese Regan was not a customer of the shop, but a friend of Miss McGrath.

The inspector for the Board waited for Ms. Ferro for approximately one hour and since he had observed the working of the cosmetologists without the supervision of a master cosmetologist, he issued the violation.

From the foregoing it is concluded that Erma C. Ferro d/b/a GiGi of Belgium, is guilty as alleged. There was no evidence that Erma C. Ferro d/b/a GiGi of Belgium had been guilty of previous violations of a similar nature. It is therefore,

RECOMMENDED that Erma C. Ferro d/b/a GiGi of Belgium, be issued a letter of reprimand.

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: 75-000541

Orders for Case No: 75-000541