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BOARD OF COSMETOLOGY vs. LEON RIZZUTO, 76-001068 (1976)

Court: Division of Administrative Hearings, Florida Number: 76-001068 Visitors: 16
Judges: THOMAS C. OLDHAM
Agency: Department of Business and Professional Regulation
Latest Update: Oct. 06, 1977
Summary: Respondent's alleged violation of section 477.02(1), (3), (6), Florida Statutes. A copy of the Administrative Complaint and Notice of Hearing was received by Respondent, but he did not appear at the hearing. (Exhibit 1) At the commencement of the hearing, Petitioner's representative stated that Respondent's place of business, Jane's Beauty Salon, Fort Myers, Florida, is out of business and that Certificate of Registration to operate a beauty salon in that name No. 19330 issued by Petitioner in D
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76-1068.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


FLORIDA STATE BOARD OF )

COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1068

)

LEON RIZZUTO )

2351 East Mall, Apartment 103 ) Fort Myers, Florida 33901, )

)

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

Post Office Box 1752 Tallahassee, Florida


For Respondent: None


ISSUE PRESENTED


Respondent's alleged violation of section 477.02(1), (3), (6), Florida Statutes.


A copy of the Administrative Complaint and Notice of Hearing was received by Respondent, but he did not appear at the hearing. (Exhibit 1)


At the commencement of the hearing, Petitioner's representative stated that Respondent's place of business, Jane's Beauty Salon, Fort Myers, Florida, is out of business and that Certificate of Registration to operate a beauty salon in that name No. 19330 issued by Petitioner in December, 1973, is no longer valid. Accordingly, counsel for Petitioner interposed no objection to dismissal of the matter.


CONCLUSIONS OF LAW


  1. Petitioner seeks to revoke or suspend Respondent's Salon Certificate of Registration for his practice of cosmetology on November 13, 1974 without a Florida cosmetology license and permitting Susan A. Roberts to practice cosmetology in his salon with an expired license, in violation of Sections 477.02(1), (3) & (6), Florida Statutes.

  2. In view of the fact that Respondent no longer holds a valid Certificate of Registration to operate a cosmetology salon due to the fact that his establishment is out of business, the allegations should be dismissed.


RECOMMENDATION


The the allegations against Respondent be dismissed.


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



COPIES FURNISHED:


Ronald C. LaFace, Esquire

P.O. Box 1752 Tallahassee, Florida


Leon Rizzuto

2351 East Mall, Apartment 103 Fort Myers, Florida 33901

THOMAS C. OLDHAM

Hearing Officer

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


Docket for Case No: 76-001068
Issue Date Proceedings
Oct. 06, 1977 Final Order filed.
Jul. 28, 1976 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 76-001068
Issue Date Document Summary
Aug. 27, 1976 Agency Final Order
Jul. 28, 1976 Recommended Order Dismiss complaint because salon is now out of business.
Source:  Florida - Division of Administrative Hearings

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