STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1006

)

EVA M. DUKES AND BEULAH )

JACKSON, )

)

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 11:15

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: Aartie Leigh Mitchell For Respondent: Eva M. Dukes

   Beulah Jackson

   
   

   ISSUES

   
   

   Whether Respondents operated their cosmetology salon in violation of the rule then in effect in which each cosmetology salon owner or manager should send to the Board every five (5) years a certificate from a licensed electrician showing that the electrical equipment in said salon is in safe operating condition. Regulation 21F-3.02, of the rules and regulations of the State Board of Cosmetology.

   Whether Respondents' license should be revoked, annulled, withdrawn or suspended.

   
   

   FINDINGS OF FACT

   
   

   1. The witness and Respondents were duly sworn.

      
      

   2. The Notice of Service and Complaint were entered without objection and marked Exhibit 1. The Election of Remedies and Electrical Certificate were entered into evidence as Exhibit 2 without objection.

      
      

   3. Respondents held a license as required by Board of Cosmetology Rule 21F-3.02, which was dated 1969.

      
      

   4. A notice of violation was written up by the Board at the five-year expiration of said license which was in 1974.

      
      

   5. Since the writing of the violation notice, the Board has rescinded the rule requiring an electrical certificate and Respondnets not having procured a certificate in a timely fashion did not then attempt to secure said certificate inasmuch as the rule had been rescinded.

      
      

      CONCLUSIONS OF LAW

      
      

   6. The certificate of Respondents could be withdrawn, revoked, or suspended, for violations of the rules in effect at the time of the notice of violation.

RECOMMENDED ORDER

Dismiss the complaint.

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:

Eva M. Dukes

1107 Southwest Sixth Street Ocala, Florida

Beulah M. Jackson

1821 Southwest Sixth Street Ocala, Florida

Artie Leigh Mitchell

427 Roosevelt Avenue Merritt Island, Florida

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

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

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

STATE OF FLORIDA

FLORIDA STATE BOARD OF COSMETOLOGY

STATE BOARD OF COSMETOLOGY,

Petitioner,

vs. CASE NO. 75-1006

EVA M. DUKES AND BEULAH JACKSON,

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 and therefore reduces the recommended penalty in the Hearing Examiner's Order of 30 day suspension of salon license to the following:

Strong 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. Eva M. Dukes

1107 Southwest Sixth Street Ocala, Florida

Beulah M. Jackson

1107 Southwest Sixth Street Ocala, Florida

Docket for Case No: 75-001006

Orders for Case No: 75-001006