Judges: K. N. AYERS
Agency: Department of Business and Professional Regulation
Latest Update: Jan. 19, 1977
Summary: Dismiss complaint because no violation occurred. The instructor was teaching fifteen students, the maximum allowable by law.
75-1060.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: The revocation or suspension )
of the license of J. Frederick Peele ) CASE NO. 75-1060 d/b/a Frederic Hairstyling )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings by its duly designated hearing officer, K.N. Ayers, held a public hearing on the above matter on June 16, 1975, in Ft. Lauderdale, Florida.
APPEARANCES
For Petitioner: Ronald C. LaFace
Post Office Box 1752 Tallahassee, Florida
For Respondent: Lester J. Quartel, Esquire
301 Sunrise Professional Building 915 Middle River Drive
Ft. Lauderdale, Florida 33302
By this complaint the Florida State Board of Cosmetology seeks to revoke, annul, withdraw or suspend the license of J. Frederick Peele d/b/a Frederic Hairstyling, on the grounds that on February 7, 1975 he did allow a class to be instructed by one instructor with 15 students in attendance at the Frederic Hairstyling Academy in Ft. Lauderdale, Florida, in violation of Section 477.08, Florida Statutes. Exhibit 1, receipt for Notice of Hearing sent by certified mail, was admitted into evidence.
With an Election of Remedies form submitted by the attorney representing the respondent a motion was filed to dismiss the complaint on the grounds that Rule 2lF-2.03 F.A.A. authorizes one instructor to conduct the class when 1 to 15 students are present. The attorney for the Board recommended that the motion be granted inasmuch as the rules had been changed at approximately the time of the alleged violation. Accordingly, the motion to dismiss the complaint should be granted. It is, therefore,
RECOMMENDED that the complaint be dismissed. DONE and ENTERED this 3rd day of July, 1975.
K. N. AYERS Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32334
COPIES FURNISHED:
Ronald C. LaFace Post Office Box 1752 Tallahassee, Florida
Lester J. Quartel, Esquire
301 Sunrise Professional Building 915 Middle River Drive
Ft. Lauderdale, Florida 33302
Docket for Case No: 75-001060
Orders for Case No: 75-001060
| Issue Date |
Document |
Summary |
|
Jan. 19, 1977 |
Agency Final Order
|
|
|
Jul. 03, 1975 |
Recommended Order
|
Dismiss complaint because no violation occurred. The instructor was teaching fifteen students, the maximum allowable by law.
|
