STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1007

) SALON LICENSE NO. 24170

JOHN S. KUBIE, President, )

SELIGMAN & LATZ, INC., )

)

Respondent. )

) STATE BOARD OF COSMETOLOGY )

)

Petitioner, )

)

vs. ) CASE NO. 77-1008

) SALON LICENSE NO. 24170

MAY COHEN'S SOUL SISSORS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held on the above styled cases at Conference Room No. 205, Arlington Center, 6501 Arlington Expressway, Jacksonville, Florida, beginning at 1:00 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

   101 East College Avenue Post Office Box 1752 Tallahassee, Florida 32302

   
   

   For Respondent: Charles A. Sorenson, Esquire

   Forbes and Meide

   400 Guaranty Life Building

   137 East Forsyth Street Jacksonville, Florida 32202

   
   

   ISSUE

   
   

   Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for allowing two unlicensed persons to practice cosmetology in the beauty salon licensed as May Cohen's Soul Sissors.

   FINDINGS OF FACT

   
   

   1. A joint motion to consolidate the above styled cases was made for the reason that the charges grew out of the same incident. The motion was granted.

      
      

   2. A motion was made requesting permission for the Respondent to file affidavits late and the permissions was granted without objection by the Petitioner but with a reservation to file objections when the affidavits were filed. The affidavits were filed July 26, 1977 and are a part of the record. No objection has been filed by Petitioner and the thirty days from date of hearing allotted by the Hearing Officer has expired. The statements in the

      affidavit are consistent with the evidence and testimony at the hearing and with the findings of facts herein.

      
      

   3. The Administrative Complaints were issued on May 31, 1977 against John

      S. Kubie, President of Seligman & Latz, Inc., and against the salon May Cohen's Soul Sinners charging:

      
      

      "That you, said SELIGMAN & LATZ, INC. d/b/a May Cohen's Soul Sissors on January 7, 1977 did allow two unlicensed persons to practice in your salon, at May Cohen's Soul Sissors, Jacksonville, Florida."

      
      

   4. On January 7, 1977, the inspector for the Board entered the May Cohen's Soul Sinners Beauty Shop and found therein two unlicensed persons.

      
      

   5. One person, Willie Dock, who is an employee of Nay Cohen's Soul Sinners, had not secured a Florida license and was working without a license in the subject salon and without a license or permit posted as required. He had not informed the manager that his permit had expired on December 30, 1976. The other person, Margaret Florence, was working although her license had been altered to appear as if it were current. It was of a different color than the current licenses of other cosmetologists in the shop and in fact it had expired.

      
      

   6. The manager should have ascertained whether these people were duly licensed and knew or should have known they were not properly licensed.

      
      

      CONCLUSIONS OF LAW

      
      

   7. Section 477.02(6), Florida Statutes, before it was amended effective October 1, 1976, provided:

      
      

      "It is unlawful for any person, firm, or corporation to hire or employ any person to engage in the practice of cosmetology as hereinafter defined, unless such person holds a valid, unexpired, and unrevoked certificate of registration to practice

      cosmetology or a certificate of registration as a registered master cosmetologist, regis- tered cosmetologist, registered manicurist and pedicurist, or specialist or a permit

      to work issued by the board to graduates

      of Florida cosmetology schools after require- ments for examination have been filed with the board. Such permit will be issued until

      the next examination given by the board and shall not be extended should the applicant fail to appear for the examination or fail any portion of the examination."

      
      

   8. The foregoing statute is now cited as Section 477.02(7), Florida Statutes, and the complaint should have so cited the statute. No objection was made to the citation and the parties had notice that the complaint was for violation of the statute requiring a valid unexpired and unrevoked license or work permit.

      
      

   9. The Respondents have violated the foregoing statute by allowing two persons to work in May Cohen's Soul Sissors without having a current Florida cosmetology certificate of registration or permit to work.

RECOMMENDATION

Suspend the license of May Cohen's Soul Sissors for a period of seven (7) days.

DONE and ORDERED this 26th day of August, 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

Charles A. Sorenson, Esquire Forbes and Meide

400 Guaranty Life Building

137 East Forsyth Street Jacksonville, Florida 32202

Docket for Case No: 77-001007

Orders for Case No: 77-001007