STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF )

COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1051

) LUDDY GENE KIGHT d/b/a KATHY'S ) COLONIAL CURL & COMB, OCEAN ) RIDGE, FLORIDA, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above-captioned matter, after due notice to the parties, at Fort Lauderdale, Florida, on June 29, 1976, before the undersigned Hearing Officer.

APPEARANCES

For Petitioner: Ronald C. LaFace, Esquire

P.O. Box 1752 Tallahassee, Florida

For Respondent: Luddy Gene Kight

ISSUE PRESENTED

Respondent's alleged violations of Section 477.02(6), 477.15(8) and 477.27, Florida Statutes.

FINDINGS OF FACT

1. Respondent owns Kathy's Colonial Curl and Comb, Ocean Ridge, Florida and was issued Certificate of Registration No. 21533 to operate a cosmetology salon by petitioner on April 15, 1975.

   
   

2. On November 12, 1975, Petitioner's Inspector visited Respondent's place of business and discovered LaVerne Beres giving a shampoo and set to a customer. Beres informed the Inspector that she had just graduated from school and believed that the school would give her a permit to act as a cosmetologist, but that she did not have a license at that time. (Testimony of Padgett).

   
   

3. Respondent testified Beres had told her that she had applied for a permit and that it would come in the mail shortly. Respondent's reason for hiring Beres without a license was because it was the busy season and she needed an operator. Respondent normally insists on her employees having licenses prior to hiring them. Beres is now licensed. (Testimony of Kight).

   CONCLUSIONS OF LAW

   
   

4. Petitioner seeks to take adverse action against the licensee under Sections 477.02(6), 477.15(8) and 477.27, Florida Statutes. Section 477.02(6) makes it unlawful to hire or employ any person to engage in the practice of cosmetology unless such person is validly registered with the Board or has been issued a permit to work issued by the Board to graduates of Florida Cosmetology Schools after requirements or examination have been filed by the Board. Respondent admitted that he had hired an employee who did not hold such documentation, and therefore it is concluded that she violated the statutory provision. Section 477.15(8) authorizes Petitioner to suspend or revoke any certificate of registration for the commission of any offense described in Section 477.27. That Section, in turn, in Subsection (1) provides hat the violation of any of the provisions of Section 477.02 is a misdemeanor of the second degree. Accordingly, Petitioner is authorized to suspend or revoke respondent's license.

   
   

5. Although it appears that Respondent was aware of the license requirements and deliberately chose to ignore them, it appears that the public welfare was not seriously endangered by reason of the fact that the employee in question apparently was qualified at the time of the violation and has since obtained a license. Accordingly, in the absence of any evidence of prior violations, it is considered that a written reprimand would constitute sufficient adverse action in this matter.

RECOMMENDATION

That a letter of reprimand be issued to the Respondent for violation of Section 477.02(6), Florida Statutes.

DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida.

THOMAS C. OLDHAM

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

(904) 488-9675

COPIES FURNISHED:

Ronald C. LaFace, Esquire

P.O. Box 1752 Tallahassee, Florida

Ms. Luddy Gene Kight 5011 N. Ocean Boulevard

Ocean Ridge, Florida 33444

Docket for Case No: 76-001051

Orders for Case No: 76-001051