STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1013

) LICENSE NO. MC 82697

JACK DIFTLER, Owner ) SALON LICENSE NO. 24282

THE HAIRCUTTERY, )

)

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 2:40 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: Jack Diftler, Owner

   The Haircuttery

   52 Spanish Street

   St. Augustine, Florida 32084 ISSUE

   Whether the license of Respondent should be suspended, withdrawn, revoked or annulled for the reason that Respondent allowed a cosmetologist to practice in his salon without the supervision of a master cosmetologist.

   
   

   FINDINGS OF FACT

   
   

   1. An Administrative Complaint was filed May 31, 1977, against Jack Diftler, owner of the Haircuttery, charging:

      
      

      "That you, said Jack Diftler on March 25, 1977 did allow a cosmetologist to practice in your salon without the supervision of a master cosmetologist at The Haircuttery, St. Augustine, Florida."

      
      

   2. The Respondent, Jack Diftler, is a master cosmetologist who had left the beauty shop he owned to make an emergency trip to Miami. The cosmetologist

      who works in his shop and who is not a master cosmetologist failed to obey his instructions which were to cease his cosmetology work and work repairing the shop while he, the master cosmetologist, was absent. The cosmetologist, Michael Diamond, failed to obey instructions and did perform cosmetology work in the absence of the master cosmetologist.

      
      

      CONCLUSIONS OF LAW

   3. Section 477.02(4), Florida Statutes, provides: "It shall be unlawful for any person, firm

      or corporation to operate a cosmetology salon without first obtaining a license from the board. The board shall cause each salon to be inspected from time to time to ascertain the degree of compliance 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 reason- able times . . ."

      
      

   4. The Respondent, Jack Diftler, violated the foregoing statute. His shop should have been closed when the Respondent owner was absent from the city inasmuch as there would be no master cosmetologist in the shop.

RECOMMENDATION

Send a letter of reprimand to the Respondent. The disobedience of an employee is an extenuating circumstance.

DONE and ORDERED this 27th day of September, 1977, in Tallahassee, Florida.

COPIES FURNISHED:

Ronald C. LaFace, Esquire LaFace & Baggett, P.A. Post Office Box 1752

Tallahassee, Florida 32302

Jack Diftler, Owner The Haircuttery

52 Spanish Street

St. Augustine, Florida 32084

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Docket for Case No: 77-001013

Orders for Case No: 77-001013