STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1011

) REGISTRATION NO. 20211

MARLENE FLETCHER, )

)

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 2:00

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: No appearance.

   ISSUES

   
   

   Whether Respondent violated Section 477.02(6); 477.15(8); 477.27(1) and (2), F.S. by allowing a person to practice the art of cosmetology in her salon without said person being a registered cosmetologist by the State of Florida.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent, Marlene Fletcher, d/b/a the Beauty Parlour, did allow one Victoria Kane to practice the art of cosmetology, to-wit: the giving of a permanent wave to a customer in

      Respondent's salon at a time in which she held no Florida license.

   2. Respondent discussed by long distance telephone the circumstances attending the giving of said permanent wave by the said Victoria Kane.

      
      

   3. The said Victoria Kane was not in the employ of the Respondent; however, said Victoria Kane was under the control of the Respondent inasmuch as the practice of the art of cosmetology was in the salon of Respondent and at a time in which the Respondent was present.

      
      

      CONCLUSIONS OF LAW

      
      

   4. Respondent violated Section 477.27(2), F.S., by allowing a person who had no certificate from the State Board of Cosmetology to practice cosmetology in Respondent's salon.

RECOMMENDED ORDER

Suspend the certificate of registration No. 20211 issued to Marlene Fletcher for a period of one (1) week.

August 29, 1975 Date DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Ms. Marlene Fletcher

1535 West Memorial Boulevard Lakeland, Florida 33801

Ms. Gertie Campbell 7409 Huntley Avenue Tampa, 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. 75-1011

REGISTRATION NO. 20211

MARLENE FLETCHER,

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 29, 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 in 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. Marlene Fletcher

1535 West Memorial Boulevard Lakeland, Florida 33801

Docket for Case No: 75-001011

Orders for Case No: 75-001011