STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1045

) PERSONAL LICENSE NO. 65699

EVELYN MOTEN, ) SALON LICENSE NO. 22693 d/b/a EVELYN'S BEAUTY SALON )

560 SECOND AVENUE )

DAYTONA BEACH, FLORIDA )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice, this cause came before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, June 28, 1976 at 11:00 a.m. in the offices of the Board of Cosmetology, 308 Avenue A, Southwest Winter Haven, Florida.

APPEARANCES

For Petitioner: Ronald C. LaFace, Esquire

101 East College Avenue Tallahassee, Florida

For Respondent: Evelyn Moten, in proper person

560 Second Avenue Daytona Beach, Florida

ISSUE

Whether the licenses of Evelyn Moten d/b/a Evelyn's Beauty Salon should be revoked, annulled, withdrawn or suspended for violation of Chapter 477, Florida Statutes, and the rules and regulations promulgated pursuant thereto,to wit: 21F-3.08; 21F-3.01, Florida Administrative Code, in that the Respondent Evelyn Moten did operate a cosmetology salon without a salon license and the equipment of the salon did not include a wet sterilizer.

FINDINGS OF FACT

1. The inspector for the Petitioner Board of Cosmetology, Ardie Smiley Collins, entered the salon of Respondent on or about December 17, 1975 at which time the Respondent Evelyn Moten did not have a salon license and the salon was not equipped with a wet sterilizer.

   
   

2. Respondent received notice of this hearing and is present and has applied for a salon license in a different location than the location in which the violation notice was written.

3. Respondent Evelyn Moten admits that she was operating a salon at the time of inspection without a salon license and that her salon was not equipped with the required wet sterilizer.

   
   

   CONCLUSIONS OF LAW

   
   

4. Chapter 477, Florida Statutes, and 21F-3.08; and 21F-3.01, Florida Administrative Code, require a person who operates a salon to have a valid salon license issued by the State Board of Cosmetology. Certain equipment is also required to be in each salon. A wet sterilizer is part of the equipment that is required under the laws and rules and regulations. The Respondent Moten was in violation of the laws and rules and regulations as cited in the violation notice and in the Administrative Complaint.

RECOMMENDATION

Suspend the personal and salon license of Respondent Evelyn Moten for a period of thirty (30) days.

DONE and ORDERED this 19th day of August, 1976 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 C. LaFace, Esquire

101 East College Avenue Tallahassee, Florida

Evelyn Moten

560 2nd Avenue

Daytona Beach, Florida 32014

Docket for Case No: 76-001045

Orders for Case No: 76-001045