STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: )

The revocation or suspension ) CASE NO. 75-590 of the license of Joyce Duncan ) LICENSE NO. 18927

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on June 23, 1975, at 1:30

1. in Suite 820, Barnett Bank Building, Tallahassee, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: Ronald C. LaFace

   Counsel for the Board of Cosmetology Post Office Box 1752

   Tallahassee, Florida 32302

   
   

   Madge Edwards, Inspector 8309 Calento Street Jacksonville, Florida

   
   

   For Respondent: No appearance for Respondent.

   
   

   ISSUE

   
   

   Whether Respondent violated Section 477.15(8)(9), Florida Statutes, and Regulation 21F-301, Florida Administrative Code, by operating a cosmetology salon without a salon license.

   
   

   FINDINGS OF FACT

   
   

   1. Notice of this hearing was attempted by mail and notice was left at the proper address.

      
      

   2. The Division of Administrative Hearings has jurisdiction over the proceeding.

      
      

   3. Respondent holds a current cosmetologist license No. 18927.

      
      

   4. Respondent is or has been practicing the art of cosmetology in her home without first having secured a certificate of registration for a cosmetology salon.

      
      

      CONCLUSIONS OF LAW

      
      

   5. The operation of a salon to practice the art of cosmetology without registering said salon is contrary to Section 477.15(8), Florida Statutes, which makes the violation of any provision thereof a violation of Section 477.27, Florida Statutes. The unlicensed operation of said salon is contrary to Section 477.15(9), Florida Statutes, which authorizes the Board to revoke a certificate of registration for the violation of a rule promulgated under the authority of Section 477.23, Florida Statutes. Rule 21F-3.01, Florida Administrative Code, requires a certificate to operate a cosmetology salon.

RECOMMENDED ORDER

Revoke the certificate of Respondent for failure to obtain a certificate to operate a cosmetology salon.

July 16, 1975 Date DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Ronald C. LaFace, Counsel for the Board Joyce Duncan, Respondent

Executive Director, Board of Cosmetology

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA

FLORIDA STATE BOARD OF COSMETOLOGY

IN RE:

The revocation or suspension CASE NO. 75-590 of the license of Joyce Duncan LICENSE NO. 18927

/

FINAL ORDER

The Florida State Board of Cosmetology adopts as part of the Agency's Final Order the conclusions of law, interpretation of Administrative Rules and findings of fact dated on July 16, 1975, copies of which are attached hereto and incorporated herein by reference.

The State Board of Cosmetology feels that the recommended penalty would be unduly harsh under the circumstances and therefore reduces the recommended penalty in the Hearing Examiner's Order of revocation of certificate to the following:

30 day suspension cosmetologist's license 18927.

That the suspension shall be effective beginning on the 15th day of November, 1975 and shall terminate on the 14th day of December, 1975. That the Respondent shall deliver all licenses covered by this suspension by Certified Mail, Return Receipt Requested her cosmetologist's license prior to the effective date of the suspension and the said license may be picked up by the Respondent at the State Board Administrative Office, 308 Avenue A, SW, Winter Haven, Florida or will either be mailed at the option of the Respondent on the last day of the suspension.

ENTERED the 13th day of October, 1975.

Grace Bliss, Chairman

Florida State Board of Cosmetology

Copies Mailed to:

Joyce Duncan

569 Laurina Jacksonville, Florida

Docket for Case No: 75-000590

Orders for Case No: 75-000590