STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1015

)

FRANCES ROLLING, )

)

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 3:00

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 For Respondent: Frances Rolling

   Witness: Ms. Gertie Campbell ISSUES

   Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for the violation of Chapter 477, Florida Statutes.

   
   

   Whether the Respondent allowed cosmetologists to work in her salon not under the direct supervision and while no master cosmetologist was present.

   
   

   FINDINGS OF FACT

   
   

   1. A copy of the Administrative Complaint with an attachment of Ms. Rolling's Salon License No. 10810 and receipt of certified

      mail was entered into evidence and marked as Exhibit 1 without objection.

      
      

   2. Ms. Rolling's Election of Remedies form was entered into evidence and marked Exhibit 2 without objection.

      
      

   3. The Respondent holds License No. 10810.

      
      

   4. Respondent admitted that she did allow two (2) cosmetologists to work in her salon while she was absent. Respondent is a master cosmetologist who ordinarily works in the salon which she supervises and manages.

      
      

   5. The Respondent, Frances Rolling, has been in ill health and did leave the salon to visit a doctor's office and during the time she allowed cosmetologists to work without the direct supervision of a master cosmetologist.

      
      

      CONCLUSIONS OF LAW

      
      

   6. Respondent violated Chapter 477, Florida Statutes, and particularly Section 477.02(4), F.S., inasmuch as she allowed two

(2) cosmetologists who were not master cosmetologists to practice the art of cosmetology in the salon in which Respondent worked and managed.

RECOMMENDED ORDER

Suspend the license of Respondent 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:

Frances Rolling

14 West Broadway

Fort Meade, Florida 33841

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. 75-1015

FRANCES ROLLING,

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 and therefore reduces the recommended penalty in the Hearing Examiner's Order of one week suspension of master cosmetologist's 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. Frances Rolling

14 West Broadway

Fort Meade, Florida 33841

Docket for Case No: 75-001015

Orders for Case No: 75-001015