STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1005

) SALON LICENSE NO. 11498

JOEL GARBER, )

)

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

   
   

   In Proper Person: Joel Garber

   5660 University Boulevard, West Jacksonville, Florida 32216

   
   

   ISSUE

   
   

   Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for allowing an unlicensed person to practice cosmetology in his salon.

   
   

   FINDINGS OF FACT

   
   

   1. An Administrative Complaint was filed on May 31, 1977 against Joel Garber charging:

      
      

      "That you, said JOEL GARBER on February 4, 1976 did allow an unlicensed person to

      practice Cosmetology in your salon at House of Glamour, Jacksonville, Florida."

      
      

   2. At the hearing the Respondent pled "no contest" but made the following statement:

      
      

      "There was a young man that worked in the area for some time, I think. It's been

      over a year and a half ago, so the exact times may not be familiar to me. But he worked there for about seven months un- licensed.

      
      

      He came to me and said, 'I would like to work for you.'

      
      

      I said, 'You get a license first.'

      
      

      He told me he made application for license and came to work for me, and in fact he did work and I could be mistaken, it may

      be on the violation notice, how long he did work, but he did in fact work for me two or three days without a license, and then at which time he went and took his exam, came back, waited until he received license, and continued to work for me. He is at this time licensed.

      
      

      All I can ask is I guess the Court's mercy that I did in fact violate the law, but it has since been remedied and corrected."

      
      

   3. The Respondent allowed an unlicensed person to practice in his salon for a short time.

      
      

      CONCLUSIONS OF LAW

      
      

   4. Section 477.02(7), Florida Statutes, provides among other things that it is unlawful for a person, firm or corporation to hire or employ any person to engage in the practice of cosmetology unless such person holds a valid, unexpired, unrevoked certificate of registration to practice cosmetology.

      
      

   5. The Respondent was responsible for the employees in his beauty shop, House of Glamour. He allowed a person to practice in his salon without first being certified by the State Board of Cosmetology, in violation of the foregoing statute.

RECOMMENDATION

Send a letter of reprimand to Respondent for violating Section 477.02(7), Florida Statutes.

DONE and ORDERED this 27th 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

Joel Garber

5660 University Boulevard, West Jacksonville, Florida 32216

Docket for Case No: 77-001005

Orders for Case No: 77-001005