STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF )

COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1052

) PATRICIA J. CANTRELL & SHARON ) RISELING d/b/a ARIES HOUSE OF ) BEAUTY, 9310 A1A ALTERNATE, ) LAKE PARK, 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: None

ISSUE PRESENTED

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

FINDINGS OF FACT

1. Respondent Corporation operates Aries House of Beauty, 9310 A1A Alternate, Lake Park, Florida, under Certificate of Registration to operate a cosmetology salon number 20754 issued by Petitioner on October 25, 1974.

   
   

2. Respondent was advised of the hearing and acknowledged receipt of notice of same. (Exhibit 2)

   
   

3. Petitioner's inspector visited Respondent's place of business on January 14, 1976, and observed Van Thi Nguyen giving a patron a shampoo and set on the premises. She acknowledged to the Inspector that she had no Florida state license to practice cosmetology. (Testimony of Padgett)

   
   

4. Respondents' Officers, Patricia J. Cantrell & Sharon J. Riseling, submitted a letter prior to the hearing in which it was conceded that they had employed a non-licensed beautician under the mistaken belief that she had a

   Florida license. The letter indicated that the employee had impressive credentials as a cosmetologist and had possessed an Illinois license. They did not see a Florida license. The employee now holds Florida license number 022943. (Exhibit 1)

   
   

   CONCLUSIONS OF LAW

   
   

5. Petitioner seeks to revoke Respondent's Certificate of Registration to operate a cosmetology salon for permitting Van Thi Nguyen to practice cosmetology in its salon without a state license on January 14, 1976, in violation of Section 477.02(6), Florida Statutes.

   
   

6. Section 477.02(6) makes it unlawful for any person, firm or corporation to hire or employ any person to engage in the practice of cosmetology unless such person holds a valid Florida Certificate of Registration to so practice or a work permit issued by Petitioner. The evidence establishes that Respondents' unlicensed employee engaged in the practice of cosmetology, i.e., shampooing and hair dressing, on January 14, 1976. Such acts constitute a violation of the statutory provision. Section 477.15(8) authorizes the Board to suspend or revoke a Certificate of Registration for commission of any of the offenses set forth in Section 477.27. That statutory provision provides that any violation of the provisions of Section 477.02 is an offense.

   
   

7. In view of the fact that the employee in question was qualified in cosmetology and Respondent honestly believed that she had a state license, it is considered that a written reprimand is sufficient to serve the ends of justice.

RECOMMENDATION

That Respondent be issued a written reprimand 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

Patricia J. Cantrell & Sharon Riseling

c/o Aries House of Beauty 9310 A1A Alternate

Lake Park, Florida

Docket for Case No: 76-001052

Orders for Case No: 76-001052