STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1011

) LICENSE NO. MC 0014629

ALICE M. GASKIN, Owner ) SALON NO. 9967

SOUTHSIDE BEAUTY SALON, )

)

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 2:30 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: No appearance

   ISSUE

   
   

   Whether the license of the Respondent should be revoked, annulled, withdrawn or suspended for allowing a cosmetologist to practice cosmetology without the supervision of a master cosmetologist.

   
   

   FINDINGS OF FACT

   
   

   1. An Administrative Complaint was filed against Licensee Alice M. Gaskin on May 31, 1976, charging:

      
      

      "That you, said ALICE M. GASKIN on October

      5, 1976 did allow a cosmetologist to practice Cosmetology without the supervision of a master cosmetologist at Southside Beauty Salon, Gainesville, Florida."

      
      

   2. At the time of the inspection a cosmetologist, White Demarional, was practicing the art of cosmetology without being under the supervision of a master cosmetologist. The owner of the shop was the Respondent, Alice M. Gaskin.

      CONCLUSIONS OF LAW

   3. Section 477.02(4) provides in part: "It shall be unlawful for any person,

      firm or corporation to operate a cosme- tology salon without first obtaining a license from the board. The board shall cause a salon to be inspected from time to time to ascertain the degree of com- pliance with this chapter and the rules

      pursuant thereto promulgated by the board. Each cosmetology salon shall be under the direct supervision of a registered master cosmetologist who shall be present in such salon at all reasonable times . . ."

      
      

   4. Respondent allowed a person to practice cosmetology in her beauty salon, Southside Beauty Salon, when a registered master cosmetologist was not present. There is no showing that it was not reasonable for a master cosmetologist to have been present.

RECOMMENDATION

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 Post Office Box 1752 Tallahassee, Florida 32302

Alice M. Gaskin

1418 S.E. 4th Avenue Gainesville, Florida 32601

Docket for Case No: 77-001011

Orders for Case No: 77-001011