STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

) LICENSE NO. 19208 PATSY ARLINE AND ROBERTA )

STEIN, )

)

Respondents. )

)

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 10:30

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

   
   

   APPEARANCES

   
   

   For Petitioner: Ronald C. LaFace

   Counsel for the Board of Cosmetology

   Witness: Ms. Gertie Campbell For Respondent: Patsy Arline

   Roberta Stein

   
   

   ISSUES

   
   

   Whether Respondent, Patsy Arline and Roberta Stein, doing business in a partnership allowed a non-licensed person to practice cosmetology in their beauty salon, to-wit: one Gloria Gann.

   
   

   Whether Respondent's License No. 19208 should be revoked.

   FINDINGS OF FACT

   
   

   1. 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.

      
      

   2. The Respondents were duly sworn.

      
      

   3. Respondents admit that they allowed a person who was non- registered to practice cosmetology in the salon known as the Yellow Tulip which they own and operate as a partnership under License No. 19208.

      
      

   4. Respondents did not know of the serious consequences of their act.

      
      

      CONCLUSIONS OF LAW

      
      

   5. The State Board of Cosmetology may suspend, revoke or withdraw any certificate of registration for the violation of any section of Section 477.15, Florida Statutes. Respondents violated Section 477.02(6), F.S., by allowing Gloria Gann to practice cosmetology in the salon owned by said Respondents.

RECOMMENDED ORDER

Suspend the license of Patsy Arline and Roberta Stein d/b/a The Yellow Tulip 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:

Patsy Arline

3927 Rockledge Drive Rockledge, Florida

Roberta Stein

1650 Seashell Drive Merritt Island, Florida

Gertie Campbell 7409 Huntley Avenue Tampa, Florida

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

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. 75-1002

LICENSE NO. 19208

PATSY ARLINE AND ROBERTA STEIN,

Respondents.

/

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. Patsy Arline 3927 Rockledge Drive Rockledge, Florida

Ms. Roberta Stein 1650 Seashell Drive

Merritt Island, Florida

Docket for Case No: 75-001002

Orders for Case No: 75-001002