STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1018

)

GRANT'S BEAUTY SALON, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings on June 25, 1975, commencing at 2:38 p.m. in the Cosmetology Offices, 308 Avenue A, Southwest, Winter Haven, Florida.

APPEARANCES

For Petitioner: Ronald C. LaFace

Board of Cosmetology Post Office Box 1752

Tallahassee, Florida 32302 For Respondent: No Appearance

Witness: Ms. Gertie Campbell ISSUE

Whether the certificate of registration of Grant's Beauty Salon should be revoked, annulled, suspended or withdrawn for the reason that said salon was in operation and not under the supervision and management of a registered master cosmetologist.

FINDINGS OF FACT

1. Upon request of the attorney for the Complainant, the Complaint was amended to reflect that Hersam Beauty Salons, Inc., operates the Respondent salon, Grant's Beauty Salon.

   
   

2. The Notice of Hearing was answered by letter from Hersam Beauty Salons, Inc., through its Secretary and Treasurer, Sam Friedman, by letter dated June 6, 1975. Said letter expressed amazement that the master cosmetologist employed by said Hersam Beauty Salons, Inc., who directs and supervises Grant's Beauty Salon, Tamps, Florida, was not on duty at the time the violation was written up and during the time the salon was open for the business of practicing the art of cosmetology.

   
   

3. Grant's Beauty Salon was in operation and not under the direct supervision or management of a master cosmetologist.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction of the Respondent although the owner of said Respondent is an out- of-state corporation. Jurisdiction was acquired inasmuch as a Notice to this hearing was acknowledged and answered by letter from the owner of the Respondent beauty salon.

   
   

5. Section 477.02, F.S., was violated inasmuch as a salon was operating in the State of Florida by cosmetologists and there was no master cosmetologist to direct and manage the salon.

RECOMMENDATION

Suspend the registration of Grant's Beauty Salon for a period of thirty (30) days.

DONE AND ENTERED this 29 day of August 1975 in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Ronald G. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302

Ms. Gertie Campbell 7409 Huntley Avenue Tampa, Florida

Grant's Beauty Salon 11311 N. Nebraska Avenue Tampa, Florida 33612

Hersam Beauty Salons, Inc. 142-144 N. 7th Street Allentown, Pennsylvania 18101

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,

Complainant,

vs. CASE NO. 75-1018

GRANT'S BEAUTY SALON,

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 and therefore reduces the recommended penalty in the Hearing Examiner's Order of 30 day suspension of a 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:

Grant's Beauty Salon 11311 N. Nebraska Avenue Tampa, Florida 33612

Docket for Case No: 75-001018

Orders for Case No: 75-001018