STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF BARBER'S ) SANITARY COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1031

) LICENSE NO. 20365

VERNON C. LINTON, )

)

Respondent. )

) FLORIDA STATE BOARD OF BARBER'S ) SANITARY COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1079

) LICENSE NO. 18832

LEONARD NICHOLSON, )

)

Respondent. )

)

RECOMMENDED ORDER

After notice and service of process a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings at 10:00 A.M. on June 30, 1976 in Room 113, Collins Building, Tallahassee, Florida.

APPEARANCES

For Petitioner: Daniel J. Wiser, Esquire

Post Office Box 10137 Tallahassee, Florida

For Respondents: Leonard Nicholson, in proper person

1703 Apalachee Parkway Tallahassee, Florida

Vernon C. Linton, in proper person 1703 Apalachee Parkway Tallahassee, Florida

ISSUE

1. Whether Respondent Vernon C. Linton's license number 20365 should be revoked, annulled, withdrawn or suspended for teaching or attempting to teach barbering at a registered barber school without a certificate of registration as a registered barber teacher or a registered barber intern teacher issued by the Florida Barber's Sanitary Commission in violation of Section 476.01(2), F.S.

2. Whether Respondent Leonard Nicholson's license number 18832 should be revoked, annulled, withdrawn or suspended for violation of Section 476.01(4),

1. for operating a school of barbering without providing the required supervision, direction and management as the registered barber teacher of the school.

   
   

   FINDINGS OF FACT

   
   

   1. Upon stipulation of the parties the hearing of these two dockets, docket number 76-1031, Florida State Board of Barber's Sanitary Commission, Complainant, versus Vernon C. Linton, and docket number 76-1079, Florida State Board of Barber's Sanitary Commission versus Leonard Nicholson were consolidated and heard simultaneously

      
      

   2. On two occasions, one on the 20th day of March, 1976 and the other on the 23rd day of March, 1976, Mr. C. L. Jones, Inspector for the Florida Barber's Sanitary Commission entered the American School of Barber Styling, located at the Tallahassee Mall, Tallahassee, Florida, and found that the school, owned and operated by Respondent Leonard Nicholson, was being used by the Respondent, Vernon C. Linton, for the instruction of a student in the art of barbering. Mr. Leonard Nicholson holds a certificate as a registered barber teacher, but was not present on either March 20th or March 23rd at the time of the inspection Respondent Vernon C. Linton did not at that time hold a certificate as a registered barber teacher or registered barber intern teacher. Mr. Linton was issued a license as a qualified registered barber intern teacher subsequent to the inspection.

      
      

      CONCLUSIONS OF LAW

      
      

   3. Section 476.01 F.S. Barbers, apprentices, and teachers in barbering school's to be registered. It is unlawful for any person to:

      
      

      "(1) Engage in the practice or attempt to practice barbering without a certificate of registration as a registered barber, registered apprentice, registered barber intern teacher, or registered barbers' assistant issued pursuant to the provisions of this chapter by the Barbers' Sanitary Commission of the Division of Occupations of the Department

      of Professional and Occupational Regulation.

      
      

      1. Teach or attempt to teach in a school of barbering without a certificate of registration as a registered barber teacher or registered barber intern teacher issued by the commission.

         
         

      2. Serve as an apprentice under a registered barber or in a school of barbering without a certificate of registration as a registered apprentice issued by the commission.

         
         

      3. Operate a barbershop or school of barbering unless such shop or school of barbering shall be under the direction,

         supervision, and management of a registered barber or registered barber teacher.

         
         

      4. Hire or employ any person to engage in the practice of barbering unless such person then holds a valid, unexpired, and unrevoked certificate of registration as a registered barber, registered apprentice, or registered barbers' assistant."

         
         

   4. Respondent, Vernon C. Linton, violated 476.01(2), supra, by teaching or attempting to teach a student in the American School of Barber Styling without the proper license as required by the statute.

      
      

   5. Leonard Nicholson violated 476.01(4), supra, by allowing Respondent Linton to instruct or attempt to instruct a student in the American School of Barber Styling of which he is the owner, operator and manager when there was no registered barber or registered barber teacher present to direct, supervise, or manage said school.

RECOMMENDED ORDER

1. Place the Respondent, Leonard Nicholson on probation for a period of six (6) months after issuance of final order herein.

   
   

2. Suspend the intern license of the Respondent, Vernon C. Linton for a period of thirty (30) days from the issuance of the final order herein.

DONE and ENTERED this 19th day of August, 1976.

COPIES FURNISHED:

Daniel J. Wiser, Esquire

P. O. Box 10137 Tallahassee, Florida

Leonard Nicholson

1703 Apalachee Parkway Tallahassee, Florida

Vernon C. Linton

1703 Apalachee Parkway Tallahassee, Florida

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

Docket for Case No: 76-001031

Orders for Case No: 76-001031