STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1007

) LICENSE NO. 0025676 DELORIS OVERSTREET, ) SALON LICENSE NO. 20728

)

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 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: Artie Leigh Mitchell No appearance for Respondent.

   ISSUE

   
   

   Whether Respondent's Deloris Overstreet license should be revoked, annulled, withdrawn or suspended for the reason that she failed to have or to display a certificate of registration.

   
   

   FINDINGS OF FACT

   
   

   1. At the time of the inspection by Ms. Artie Mitchell, Respondent had no certificate of registration. Ms. Mitchell left an application form with Respondent and Respondent procured the certificate of registration within fifteen (15) days thereafter.

   2. Ms. Overstreet, Respondent, has secured her certificate of registration and has it on display in the beauty shop owned by Respondent doing business as Dee's Beauty Boutique.

      
      

      CONCLUSIONS OF LAW

      
      

   3. The license of Respondent, Deloris H. Overstreet, who is doing business as Dee's Beauty Boutique, could be revoked, suspended or withdrawn for violation of Rule 21F-3.01, F.A.C. and for violation of Chapter 477, Florida Statutes.

RECOMMENDED ORDER

Dismiss the Complaint. Respondent now has a certificate of registration and is displaying the same.

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:

Deloris Overstreet

802 West Carter Street Orlando, Florida 32802

Artie Leigh Mitchell

427 Roosevelt Avenue Merritt Island, Florida

Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087 Winter Haven, 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. 75-1007

LICENSE NO. 0025676

DELORIS OVERSTREET, SALON LICENSE NO. 20728

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 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. Deloris Overstreet 802 West Carter Street Orlando, Florida 32802

Docket for Case No: 75-001007

Orders for Case No: 75-001007