STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-599

) LICENSE NO. 35782 BERNICE BENBOW D/B/A BERNICE'S )

BEAUTY SALON, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on June 25, 1975, at 10:00

1. in the Cosmetology Offices at 308 Avenue A, Southwest, Winter Haven, Florida.

   
   

   APPEARANCES

   
   

   Petitioner: Ronald C. LaFace

   Counsel for the Board of Cosmetology Witness: Artie Leigh Mitchell

   Respondent: Bernice Benbow Witness: Carrie Shingles

   ISSUES

   
   

   Whether Respondent, Bernice Benbow, allowed a non-licensed person to practice cosmetology in her beauty salon.

   
   

   Whether Respondent's license should be revoked, annulled, withdrawn, or suspended, or whether some other disciplinary action should be taken.

   FINDINGS OF FACT

   
   

   1. Respondent, Bernice Benbow is doing business as Bernice's Beauty Salon in Cocoa, Florida.

      
      

   2. Notice of Service was entered without objection and marked Exhibit 1. The Complaint with the license attached thereto was entered into evidence as Exhibit 2 without objection.

      
      

   3. Respondent was working in said salon on the date reported herein and left the salon during working hours.

      
      

   4. Carrie Shingles, a non-licensed, non-registered person, washed the hair of a customer at said salon on said date. Carrie Shingles was not employed to serve as a cosmetologist and is not a registered cosmetologist. Carrie Shingles denied that she had the permission of Respondent to practice cosmetology. Said witness said that her duties were to fold towels and perform other non- cosmetology duties in the salon.

      
      

   5. When Respondent, Bernice Benbow, returned to the salon on the day in question, she set the hair of the customer that Carrie Shingles had shampooed and collected a fee for said shampoo and set but denied that she gave permission to Carrie Shingles to shampoo said customer.

      
      

      CONCLUSIONS OF LAW

      
      

   6. Chapter 477.02(1), Florida Statutes, requires each person practicing cosmetology to have a certificate of registration. Carrie Shingles was practicing cosmetology in Respondent's salon and had no certificate to practice cosmetology contrary to Section 477.03, Florida Statutes, which delineates the shampooing of hair as a practice of cosmetology. Respondent violated Section 477.02(6), Florida Statutes, inasmuch as she employed Carrie Shingles in her salon and after having known that Carrie Shingles had practiced the art of cosmetology on a customer in Respondent's salon contrary to Section 477.03, Florida Statutes, did not immediately discharge from Respondent's employment said Carrie Shingles for such infraction but condoned said practice.

Respondent violated Section 477.27, Florida Statutes, which makes the violation of any of the provisions of Section 477.02, a misdemeanor. The Board may suspend or revoke the certificate of registration of Respondent for violation of any provisions of Section 477.27.

RECOMMENDED ORDER

Suspend the license of Bernice Benbow d/b/a Bernice's Beauty Salon for a period of thirty (30) days or less at the discretion of the State Board of Cosmetology.

August 27, 1975 Date DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Ms. Bernice Benbow 702 Magnolia Street Cocoa, Florida

Ms. Carrie Shingles 606 Poinsett

Cocoa, Florida

Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302

Ms. Artie Leigh Mitchell

427 Roosevelt Avenue Merritt Island, Florida

Ms. Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087

Winter Haven, Florida 33880

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

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

STATE OF FLORIDA

FLORIDA STATE BOARD OF COSMETOLOGY

STATE BOARD OF COSMETOLOGY,

Petitioner,

vs. CASE NO. 75-599

LICENSE NO. 35782

BERNICE BENBOW D/B/A BERNICE'S BEAUTY SALON,

Respondent.

/

FINAL ORDER

The Florida State Board of Cosmetology adopts as part of the agency's Final Order the conclusion of law, interpretation of Administrative Rules and findings of fact set forth in the Recommended Order of the Hearing Examiner dated August 27, 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 of this case since the violation is a first offense and therefore reduces the recommended penalty in the Hearing Examiner's Order of 30 day suspension of salon license to the following:

Letter of Reprimand.

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 files.

ENTERED the 22nd day of October, 1975.

Grace Bliss, Chairman

Florida State Board of Cosmetology

Copies Mailed to:

Ms. Bernice Benbow 702 Magnolia Street

Cocoa, Florida 32922

Docket for Case No: 75-000599

Orders for Case No: 75-000599