Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.
For Petitioner: Ronald C. LaFace, Esquire
LaFace & Baggett, P.A. Post Office Box 1752
For Respondent: John H. P. Helms, Esquire
Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for permitting an unlicensed person to practice cosmetology in the American Beauty Salon owned by Respondent, Dorothy Canfield.
An Administrative Complaint was issued on May 31, 1977 against Dorothy Canfield, d/b/a American Beauty Salon charging:
That you, said DOROTHY CANFIELD on June 18, 1976 did allow a non-licensed
person to practice Cosmetology in your salon; at American Beauty Salon, Atlantic Beach, Florida."
Dorothy Canfield, the Respondent and owner of the American Beauty Salon, had intended to take a day off work but was called to return to her shop.
When she arrived her receptionist, an unlicensed person, had been practicing cosmetology in the salon.
Respondent immediately instructed the receptionist to discontinue work permitted to be done only by licensed cosmetologist and to return to her work as receptionist.
When the Petitioner Board made an inspection on June 18, 1976 after receiving reports that an unlicensed person was practicing cosmetology in the salon operated by Respondent, the receptionist, Mrs. Carol Nixon, admitted that she had, in the absence of Respondent, Canfield, and without her knowledge engaged in activities for which she was not licensed to perform.
The Hearing Officer finds that the activities of the unlicensed person practicing cosmetology in the salon of Respondent, in her absence were without her knowledge and when she became aware of the violation immediately caused the person to cease working.
CONCLUSIONS OF LAW
The Respondent was charged with violating Section 477.02(6), Section 477.27(1) and (2) and Section 477.15(8), Florida Statutes.
Section 477.02(6) 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, registered cosmetologist, registered manicurist and pedicurist, or specialist or a permit to work issued by the board to graduates of Florida cosmetology schools after requirements 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.
Effective October 1, 1976 the above provisions were cited as Section 477.02(7). Respondent had notice of subject violations under the statute as cited.
The Respondent did employ the person who admitted violating the foregoing statute but such person was employed to act as a receptionist.
Section 477.27(1) and (2) provides:
Each of the following shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.-083:
The violation of any of the provisions of
s. 477.02.
Permitting any person in one's employ, supervision or control to practiced as a master cosmetologist, manicurist and pedicurist, specialist, or as a cosmetologist, unless that person has a certificate of registration.
The Respondent did not permit the receptionist to practice cosmetology and required her to cease work upon discovering the violation.
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 s. 47727.
The Respondent did not violate the provisions of the foregoing statute.
