STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1022

) LICENSE NO. MC 25344 BERNICE B. ROBERSON d/b/a ) SALON LICENSE NO. (Expired) MODERN HOUSE OF BEAUTY, ) 20215

)

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 12:12 P.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

In Proper Person: Bernice B. Roberson

Modern House of Beauty 856 Mason Avenue

Daytona, Florida 32018 ISSUE

Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for operating a salon without a current certificate of registration, for failure to post an inspection report and for using unsanitized personal equipment.

FINDINGS OF FACT

1. An Administrative Complaint was filed on May 31, 1977 by the Petitioner charging:

   
   

   "That you, said BERNICE B. ROBERSON d/b/a Modern House of Beauty on April 27, 1977 did operate a salon without a current certificate of registration, and with unsanitary sterilizers and personal equipment; failed to post inspection

   reports at Modern House of Beauty, Day- tona, Florida."

   
   

2. At the time of the inspection the salon license of the Modern House of Beauty had expired. At the time of the hearing the Respondent said that she still had not renewed the salon license although she has sent the licenses in to the State Board. The license posted was not a current license at the time of the violation notice.

   
   

3. The Respondent had sterilizers but they were not activated at the time of the inspection.

   
   

4. The inspection reports are required to be posted so that the inspectors may check the previous reports as they make their inspection tours. The reports were not posted by the Respondent. The Respondent contended that they were constantly blown off the walls where she would post them and that she could not drive a nail in the concrete wall.

   
   

   CONCLUSIONS OF LAW

5. Section 477.02(4), Florida Statutes, provides in part: "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 there to promulgated by the board. "

   
   

6. The salon license of Bernice B. Roberson, the Respondent, had expired and has not been renewed.

   
   

7. Rule 21F-3.01 Certificate to operate cosmetology salon.-Florida Administrative Code, states in part:

   
   

   "(A) A certificate of registration will be issued for a fee of Thirty Five Dollars ($35.00) or such other amount as prescribed by statute when all requirements of the law have been met."

8. Rule 21F-3.07, Florida Administrative Code, provides: "The use of a brush, comb or other

   article on more than one patron without being sanitized is prohibited. Each cosmetology salon is required to have sufficient combs, brushes and imple- ments to allow for adequate sanitizing practices "

9. Rule 21F-3.08, Florida Administrative Code, provides:

   
   

   "All cosmetology salons shall be equipped with wet and dry sterilizers, sufficient to allow for sanitizing practices."

10. Rule 21F-3.09, Florida Administrative Code, provides: "The last four inspection rating sheets,

    issued by the State Board of Cosmetology,

    must be posted in each cosmetology salon in a conspicuous location readily observ- able by any patron of the salon."

    
    

11. The Respondent has violated the foregoing statutes and rules by failing to have a current salon registration certificate posted, by failing to have sterilizers activated so that the equipment would be sanitized and for failure to post inspection reports.

RECOMMENDATION

Suspend the license of Respondent for a period of not less than thirty (30) days for failing to have sterilizers activated and for failure to maintain a current salon license and for failure to post inspection reports.

DONE and ORDERED this 5th day of October, 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

Bernice B. Roberson Modern House of Beauty 856 Mason Avenue

Daytona, Florida 32018

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

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

STATE OF FLORIDA STATE BOARD OF COSMETOLOGY

STATE BOARD OF COSMETOLOGY,

Petitioner,

vs. CASE NO. 77-1022

LICENSE NO. MC 25344 BERNICE B. ROBERSON d/b/a SALON LICENSE NO. (Expired) MODERN HOUSE OF BEAUTY, 20215

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 October 5, 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 Officer, and considering the circumstances of this case, feels that the recommended penalty as to the Respondent's individual license is appropriate and therefore adopts the recommended penalty as it pertains to the individual license and imposes a suspension of the individual license of the Respondent for a period of thirty (30) days.

That the suspension of the Respondent's individual license beginning November 15, 1977 through December 15, 1977.

The State Board of Cosmetology, having reviewed the recommended penalty of the Hearing Examiner relative to the salon license and considering the circumstances surrounding the violation feels that the implementation of the recommended penalty as it relates to the salon license may be unduly harsh and therefore abates the thirty (30) day suspension and places the Respondent upon probation for an indeterminate period of time conditioned upon the Respondent receiving no sanitary or other violation issued to the salon in the future failing which the thirty (30) days suspension period will immediately become effective.

That the Respondent shall deliver the license number MC 25344 covered by this suspension by certified mail, return receipt requested, prior to the effective date of the suspension and said license shall be available for redelivery to the Respondent at the State Board Administrative Office, 308 Avenue A, SW, Winter Haven, Florida or will either be mailed at the option of the Respondent on the last day of the suspension period.

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

ENTERED this 25th day of October, 1977.

Virgnia McKown, Chairman

Florida State Board of Cosmetology

Copies to:

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

Bernice B. Roberson Modern House of Beauty 856 Mason Avenue

Daytona, Florida 32018

Docket for Case No: 77-001022

Orders for Case No: 77-001022