STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

State Board of Cosmetology, )

)

Complaintant, )

)

vs. ) CASE NO. 75-1016

) LICENSE NO. 86691

Rose Gould, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administrative Hearings, on June 25, 1975, commending at 11:55 a.m. in the cosmetology Offices, 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

ISSUE

Whether the certificate of registration No. 866914 should be revoked, annulled, suspended or withdrawn for violation of Chapter 477, Florida Statutes, and the rules and regulations promulgated thereunder, for practicing without a license.

FINDINGS OF FACT

1. Receipt for certified mail notifying Respondent of this hearing was offered into evidence as Exhibit 1 and marked without objection. The Election of Remedies, a composite exhibit marked Exhibit 2, was entered as requested without objection.

   
   

2. Respondent was charged for practicing cosmetology without a license.

   
   

3. Respondent admitted the violation and submitted such plea to the Board which was included in the Board's Exhibit 1.

   
   

4. After the violation for which Ms. Gould was noticed and for which this hearing is held, Respondent took the examination for master cosmetologists, passed the examination, and was issued a Florida license.

   
   

   CONCLUSIONS OF LAW

   
   

5. Respondent violated Section 477.02, F.S., by practicing the art of cosmetology before she took the Florida exam and secured a certificate of registration.

RECOMMENDATION

Suspend the certificate of registration Respondent now holds for a period of one (1) week.

August 29, 1975 DATE Delphine C. Strickland

Hearing Officer

Division of Administrative Hearings Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Ronald C. LaFace, Esquire

Ms. 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, Complaintant,

vs. CASE NO. 75-1016

LICENSE NO. 86691

Rose Gould,

Respondent.

/

FINAL ORDER

The Florida State Board of Cosmetology adopts as part of the Agency's Final Order the conclusions 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 of this case since the vilation is a first offense 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, Chariman State Board of Cosmetology

Copies mailed to:

Ms. Rose Gould 1904 Bruce Street Kissimmee, Florida

Docket for Case No: 75-001016

Orders for Case No: 75-001016