STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1019

) LICENSE NO. SALON 16888

ROSIE L. TILLMAN and SARAH ) FLANDERS, d/b/a FLANDERS & ) TILLMAN BEAUTY SALON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held in the above styled cause in Room 465, Deposition Room, Orange County Courthouse, 65 East Central Avenue, Orlando, Florida, beginning at 11:34 A.M. before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, on June 24, 1977.

APPEARANCES

For Petitioner: Clifford L. Davis, Esquire

LaFace & Baggett, P.A. Post Office Box 1752

Tallahassee, Florida 32302

For Respondent: Rosie L. Tillman, in proper person

955-F University Boulevard Melbourne, Florida 32901

ISSUE

Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for the reason that Respondent's beauty salon was operated in an unsanitary manner.

FINDINGS OF FACT

1. An Administrative Complaint was filed on May 31, 1977, against Rosie L. Tillman and Sarah Flanders citing the licensees for operating Flanders & Tillman Beauty Salon:

   
   

   "That you, said ROSIE L. TILLMAN AND SARAH

   FLANDERS d/b/a Flanders & Tillman Beauty Salon on April 28, 1977 did after numerous warnings, operate with combs and brushes full of hair; with hair and dust all over floors, inside drawers and in roller trays. Personal equipment was not sanitized."

2. Respondent, Rosie L. Tillman, filed an election of remedies pleading "not guilty."

   
   

3. The inspector for the Board had inspected subject shop on numerous occasions and had given verbal warning to keep a clean salon.

   
   

4. On the date of the last inspection hair was found in the drawer, cloths were dirty, dirty brushes were left near clean brushes, brushes were inside the roller trays, and dust was on the floor. The Board's inspector requested the Respondent to correct the unsanitary conditions and returned for a second inspection in ten days. The salon had not been cleaned and the unsanitary conditions had not been corrected.

   
   

5. Respondent contended that there was no way to keep the cited conditions from occuring in a beauty salon.

   
   

   CONCLUSIONS OF LAW

   
   

6. Section 447.15, Florida Statutes, Suspension or revocation of certificate grounds.-, provides in part:

   
   

   "The board may either refuse to issue, or renew, or may suspend or revoke any certi- ficate of registration for any of the follow- ing causes:

   (9) The violation of any of the rules and regulations provided by s. 477.23;"

7. Rule 21F-3.02, Florida Administrative Code, provides: "Ventilation and Cleanliness. Each cos-

   metology salon shall be kept well venti-

   lated. The walls, ceilings, furniture

   and equipment shall be kept clean and free from dust. Hair must be removed from the floor as soon as practicable and deposited in a closed container."

   
   

8. Respondents failed to keep equipment clean.

9. Rule 21F-3 .04, Florida Administrative Code, provides "Linens. Each cosmetology salon and cos-

   metology school shall keep clean linens in

   closed, dust proof cabinets. All soiled linens must be kept in a closed receptacle. Soiled linens may be kept in open containers if entirely separated from the area in which cosmetology services are rendered to the public. A sanitary towel or neck strip should be placed around the patron's neck

   to avoid direct contact of the shampoo cape with a patron's skin."

   
   

10. Linens used to clean hot combs were left unclean and in the drawers.

RECOMMENDATION

Suspend Respondents' licenses for not less than thirty (30) days.

DONE and ORDERED this 22nd 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:

Clifford L. Davis, Esquire LaFace & Baggett, P.A. Post Office Box 1752

Tallahassee, Florida 32302

Rosie L. Tillman

Flanders & Tillman Beauty Salon 955-F University Boulevard Melbourne, Florida 32901

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA STATE BOARD OF COSMETOLOGY

STATE BOARD OF COSMETOLOGY,

Petitioner,

vs. CASE NO. 77-1019

LICENSE NO. SALON 16888

ROSIE L. TILLMAN and SARAH FLANDERS, d/b/a FLANDERS & TILLMAN BEAUTY SALON,

Respondent.

/

AGENCY FINAL ORDER

The Florida State Board of Cosmetology adopts as part of the Agency's Final Order the conclusions of law, interpretation of administrative rules and

findings of fact dated August 22, 1977, a copy of which is attached hereto and incorporated herein by reference.

The State Board of Cosmetology, having reviewed the recommended penalty of the Hearing Examiner, and considering the circumstances surrounding the violation feels that the implementation of the recommended penalty may be unduly harsh therefore abates the thirty (30) day suspension and places the Respondents upon probation for an indeterminate period of time conditioned upon the Respondents receiving no sanitary violations in the future or any failing marks on any sanitary inspection, failing which the thirty (30) days suspension period will immediately become effective.

A copy of this Final Agency Order, shall become a part of the Respondents' permanent files.

ENTERED this 30th day of September, 1977.

Virginia McKown, Chairman

Florida State Board of Cosmetology

Copies to:

Clifford L. Davis, Esquire Post Office Box 1752 Tallahassee, Florida 32302

Rosie L. Tillman

955-F University Boulevard Melbourne, Florida 32901

Docket for Case No: 77-001019

Orders for Case No: 77-001019