STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF )

COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1056

) THOMAS KEMP d/b/a KEMP'S BEAUTY ) SALON, 404 N.E. 10 STREET, )

BOYNTON BEACH, 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: Thomas Kemp

ISSUE PRESENTED

Respondent's alleged violations of Section 477.02(4) & 477.15, Florida Statutes.

FINDINGS OF FACT

1. Respondent operates Kemp's Beauty Salon, 404 N.E. 10th Street, Boynton Beach, Florida, under Certificate of Registration Number 16286 to operate a cosmetology salon issued by Petitioner on November 18, 1971. (Stipulation).

   
   

2. On May 22, 1975, Petitioner's inspector visited Respondent's salon and observed a man styling the hair of a patron. On May 23, the Inspector returned and observed the same man doing the same thing. He informed her that he did not have a state license. Respondent was not present on either occasion.

   (Testimony of Jennings)

   
   

3. Respondent testified at the hearing that he had had no idea that the individual in question, who was a patron of the shop, was going to work on customers. On May 23rd Respondent had left the shop to have lunch. (Testimony of Kemp).

   CONCLUSIONS OF LAW

   
   

4. Petitioner seeks to suspend or revoke Respondent's salon license for operating a beauty salon without the direct supervision of a master cosmetologist on May 23, 1975 in violation of Section 477.02(4), Florida Statutes. That provision states as follows:

   
   

   "(4) It shall be unlawful for any person, firm, or corporation to operate a cosmetology salon unless such salon at all times be under the direct supervision and management of a registered master cosmetologist."

   
   

   Although Respondent is a master cosmetologist, the facts establish that his salon was in operation at the time in question during his temporary absence by virtue of the fact that patrons were in the establishment at the time, one of whom was receiving hair dressing by an unlicensed person in the absence of a master cosmetologist. Although Respondent claims no knowledge of the above it was incumbent upon him to ensure that the shop was closed during his absence or that a qualified master cosmetologist was present. He did neither, and accordingly it is concluded that he violated Section 477.02(4).

   
   

5. Section 477.15(8) authorizes Petitioner to suspend or revoke a Certificate of Registration for the commission of any offense described in Section 477.27. Section 477.27(1) makes it an offense to violate any of the provisions of Section 477.02. Accordingly, the Board is authorized to suspend or revoke Respondent's license for his violation of Section 477.02(4).

   
   

6. Although only one offense was charged, the evidence reflects that it was not an isolated occurence. Accordingly, it is believed that suspension of Respondent's salon license for a reasonable period is warranted.

RECOMMENDATION

That Respondent's salon license 16286 be suspended for a period of 30 days. 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

Thomas Kemp

Kemp's Beauty Salon

404 N.E. 10 Street Boynton Beach, Florida

Docket for Case No: 76-001056

Orders for Case No: 76-001056