STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL REGULATION, )

(BOARD OF COSMETOLOGY), )

)

Petitioner, )

)

vs. ) CASE NO. 76-1039

) LICENSE NO. 19782

ELAINE YORK d/b/a ACT II )

SALON OF BEAUTY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held in the above styled A cause at Room 465, Deposition Room, Orange County Courthouse, 65 East Central Avenue, Orlando, Florida, beginning at 10:37 A.M. before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, on June 24, 1977.

APPEARANCES

For Petitioner: Clifford L. Davis, Esquire

LaFace & Baggett, P.A. Post Office Box 1752

Tallahassee, Florida 32302

For Respondent: J. Kermit Coble, Esquire

Coble, McKinnon, Reynolds, Rothert, Bohner & Godbee, P.A.

Post Office Drawer 9670 Daytona Beach, Florida 32020

ISSUE

Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for employing a student without a permit to work who had not yet taken the state board examination for cosmetologists.

FINDINGS OF FACT

1. Elaine York is the owner and operator of the Act II Salon of Beauty. Mary Mainello, also called Kathy Mainello, is employed to work in he subject beauty salon. At the time of the inspection Miss Mainello had not yet obtained her work permit and had not taken the state board examination or been licensed to practice cosmetology. She told the inspector that she had been working doing shampoos and sets but that no damage was done. Therefore a violation notice was written against the owner of the salon.

2. At the time of the inspection Miss Mainello was in the beauty shop of Respondent for the purpose of observing and was not on the payroll of the subject beauty salon. Although the inspector did not actually see her work, there was a station for her to work which . had been used at the time of the inspection. She said that she had been observing for a period of two (2) weeks. At the time of the inspection the owner, Mrs. York, was not in the shop, having gone to the bank.

   
   

3. The Hearing Officer finds that the student, Mary Mainello, was in fact performing the duties of a cosmetologist, that is, shampooing and setting hair but without the knowledge or permission of the Respondent owner.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 477.02(7), Florida Statutes, requires that a work permit may be issued to graduates of Florida cosmetology schools after requirements for examinations have been filed with the board. Such permit will be issued until the next examination given by the board.

   
   

5. Respondent had in her shop a student who has performing the duties of cosmetology without a work permit.

RECOMMENDATION

Write a letter of reprimand for lack of close supervision of the student who should have learned the laws and rules pertaining to cosmetology.

DONE and ORDERED this 19th day of August, 1977, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Clifford L. Davis, Esquire LaFace & Baggett, P.A. Post Office Box 1752

Tallahassee, Florida 32302

J. Kermit Coble, Esquire Coble, McKinnon, Reynolds, A

Rothert, Bohner & Godbee, P.A. Post Office Drawer 9670

Daytona Beach, Florida 32020

Docket for Case No: 76-001039

Orders for Case No: 76-001039