STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: The revocation or )

suspension of the license of ) CASE NO. 75-591 Jack D. Retherford d/b/a )

Hairworks, )

)

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

   
   

   For Respondent: Jack D. Retherford

   600 East Business Highway 98 Panama City, Florida 32401

   
   

   Ellen Retherford, Witness for Respondent 600 East Business Highway 98

   Panama City, Florida 32401

   
   

   ISSUE

   
   

   Whether Respondent violated Sections 477.02(6); 477.15(8); 477.27(1), Florida Statutes by allowing an unlicensed person to practice cosmetology in the Respondent's salon. Whether Respondent's license should be revoked, annulled, withdrawn or suspended.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent is the owner-manager of the salon doing business as Hairworks, 600 East Business Hwy. 98, Panama City, Florida.

   2. Respondent appeared and admitted the fact of the two violations with which the Florida Board of Cosmetology had charged him and which were the subject of this hearing.

      
      

   3. Respondent admitted allowing Mary Whitfield to practice cosmetology in his salon with a valid cosmetology license.

      
      

   4. Said Mary Whitfield, has, as of the date of this hearing, a current Florida Cosmetology License No. 19649.

      
      

      CONCLUSIONS OF LAW

      
      

   5. Respondent appeared at the designated time and place for hearing and submitted to the jurisdiction of the Hearing Officer.

      
      

   6. Respondent violated the provisions of Section 477.02(6) and Section 477.27, Florida Statutes, which prohibit and make it a misdemeanor the employment of a person who does not hold a valid, unexpired, or unrevoked certificate of registration inasmuch as he employed Mary Whitfield to practice cosmetology in his salon without a current Florida cosmetologist license.

RECOMMENDED ORDER

Dismiss the complaint inasmuch as the Respondent had employed a person who had had a current Georgia cosmetologist license and now has a current Florida cosmetologist license. The violation is not of sufficient gravity, under the circumstances of this case, to require the enforcement of Section 477.15, Florida Statutes, Suspension or revocation of certificate.

July 10, 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 Jack D. Retherford, Respondent

Executive Director, Board of Cosmetology

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

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

STATE OF FLORIDA

FLORIDA STATE BOARD OF COSMETOLOGY

IN RE: The revocation or

suspension of the license of CASE NO. 75-591 Jack D. Retherford d/b/a

Hairworks,

/

FINAL ORDER

The Florida State Board of Cosmetology adopts as the agency's Final Order the Recommended Order of the Hearing Officer dated July 10, 1975, copy of which is attached hereto and incorporated herein by reference.

That the entry and publication of this Final Order shall constitute a reprimand or warning to the Respondent not to engage in a course of conduct in the future which would violate the Florida Cosmetology Law, Section 477, Florida Statutes or the Rules and Regulations of the State Board of Cosmetology.

A copy of this Final Order including the reprimand contained herein shall become a part of the Respondent's permanent file.

ENTERED the 17th day of September, 1975.

Grace Bliss, Chairman

Florida State Board of Cosmetology

Copies Mailed to:

Jack D. Retherford 1112 Carolina Avenue

Lynn Haven, Florida 32344

Docket for Case No: 75-000591

Orders for Case No: 75-000591