STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1004

)

JENNIE L. TAYMAN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held in the above styled cause in Conference Room No. 205, Arlington Center, 6501 Arlington Expressway, Jacksonville, Florida, beginning at 2:20 P.M. on June 27, 1977, before Delphene

1. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.

   
   

   APPEARANCES

   
   

   For Petitioner: Ronald C. LaFace, Esquire

   LaFace & Baggett, P.A. Post Office Box 1752

   Tallahassee, Florida 32302

   
   

   For Respondent: Jennie L. Tayman, in proper person

   104 South Main Street Gainesville, Florida 32601

   
   

   ISSUE

   
   

   Whether the personal and salon license of Respondent should be revoked, annulled, withdrawn or suspended for having an employee with an expired license practicing cosmetology in the salon owned by Respondent and for failing to display a recognizable cosmetology sign that was clearly visible at the main entrance of the salon.

   
   

   FINDINGS OF FACT

   
   

   1. An Administrative Complaint was issued on May 31, 1977 against Jennie

      L. Tayman charging:

      
      

      "That you, said Jennie L. Tayman on October 22, 1976 did have an employee with an ex- pired license practicing Cosmetology in your salon, and you failed to display a recognized sign that was clearly visible at the main entrance at Zanadu, Gainesville, Florida."

   2. The Respondant, Jennie L. Taymam, on her "Election of Remedies" pled "no contest." However, she appeared at the hearing with the following explanation:

      
      

      1. That the employee who was practicing in her salon had informed her that he continually forgot to bring his license when he reported for work and that she presumed that he had a valid license without actually seeing it. She stated that after the inspection on October 22, 1976, he never returned to work in her salon.

         
         

      2. That she complied with the charge of failure to display a recognized sign after it was brought to her attention on October 22, 1976, and that she now has a clearly visible sign as required by Rule 21F-3.10, Florida Administrative Code.

         
         

         CONCLUSIONS OF LAW

         
         

   3. The Respondent was charged with violating Sections 477.27(1) and (2); 477.15(8) and 477.23(1)(d) and with the violation of Rule 21F-3.10, Florida Administrative Code.

      
      

   4. Section 477.27(1) and (2) provides:

      
      

      "Each of the following shall constitute a misdemeanor of the second degree punish- able as provided in s. 775.082 or s. 775.- 083:

      1. The violation of any of the provisions of s. 477.02.

      2. Permitting any person in one's employ, supervision or control to practice as a master cosmetologist, manicurist and pedi- curist, specialist, or as a cosmetologist, unless that person has a certificate of registration."

      
      

   5. The Respondent permitted a person in her employ to practice cosmetology without a current certificate of registration.

      
      

   6. Section 477.15(8) provides:

      
      

      "The board may either refuse to issue, or renew, or may suspend or revoke any certificate of registration for any of the following causes:

      (8) The commission of any of the offenses described in a. 477.27;"

      
      

   7. The Respondent violated the provision of the foregoing statute.

   8. Section 477.23(1)(d) provides: "(1) It is unlawful:

      (d) To own, manage or control or operate

      any cosmetology salon unless there is dis- played a recognized sign indicating that it is a cosmetology salon, which said sign shall

      be clearly visible at the main entrance of said salon."

      
      

   9. Respondent violated the foregoing statute but is now in compliance with said statute.

   10. Chapter 21F-3.10, Florida Administrative Code, provides: "Salons shall display recognized signs.

       Each cosmetology salon shall display a

       sign clearly visible at the maim entrance of each salon which shall include one of the following:

       1. 'Beauty' or 'Cosmetology' in the salon name.

       2. The words 'A cosmetology salon'

       
       

   11. The Respondent violated the foregoing rule but is now in compliance with said rule.

       
       

       RECOMMENDATION

       
       

   12. Suspend the license of Respondent for not more than thirty (30) days.

DONE and ORDERED this 23rd day of September, 1977, 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 LaFace & Baggett, P.A. Post Office Box 1752

Tallahassee, Florida 32302

Jennie L. Tayman

104 South Main Street Gainesville, Florida 32601

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA STATE BOARD OF COSMETOLOGY

STATE BOARD OF COSMETOLOGY,

Petitioner,

vs. CASE NO. 77-1004

License No. MC 66,983

JENNIE L. TAYMAN, Salon REGISTRATION 21491

Respondent.

/

AGENCY FINAL ORDER

The Florida State Board of Cosmetology adopts as part of the Agency's Final Order the conclusions of law, interpretation of administrative rules and findings of fact dated September 23, 1977, a copy of which is attached hereto and incorporated herein by reference.

The State Board of Cosmetology, having reviewed the recommended penalty of the Hearing Examiner, and considering the circumstances surrounding the violation feels that the implementation of the recommended penalty may be unduly harsh therefore abates the thirty (30) day suspension and places the Respondent upon probation for an indeterminate period of time conditioned upon the Respondent receiving no individual or salon violation in the future, failing which the thirty (30) day suspension period will immediately become effective as to both the salon license and the individual license.

A copy of this Final Agency Order, shall become a part of the Respondent's permanent files.

ENTERED this 25th day of October, 1977.

Virginia McKown, Chairman

Florida State Board of Cosmetology

Copies to:

Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302

Jennie L Tayman

104 South Main Street Gainesville, Florida 32601

Docket for Case No: 77-001004

Orders for Case No: 77-001004