STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1023

) SALON LICENSE NO. 21405

BARBARA HAGAN d/b/a HAIR ) FASHION WIG CRAFT BY B & B, )

)

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 12:30 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: Barbara Hagan

Hair Fashion Wig Craft by B & B 1336 North Florida Avenue Lakeland, Florida 33802

ISSUE

Whether the license of the Respondent should be revoked, annulled, withdrawn or suspended for operating a cosmetology salon not under the direct supervision of a master cosmetologist.

FINDINGS OF FACT

1. An Administrative Complaint was filed on May 31, 1977, against Barbara Hagan d/b/a Hair Fashion Wig Craft by B & B charging:

   
   

   "That you, said BARBARA HAGAN d/b/a Hair Fashion Wig Craft by B & B on January 11, 1977 did operate a cosmetology salon without the direct supervision of a master cosme- tologist; at Hair Fashion Wig Craft by B & B, Lakeland, Florida."

2. The Respondent, Barbara Hagan, is a master cosmetologist who had left the beauty shop she operated to make a trip to the hospital. The cosmetologist who works in Respondent's shop and who was working at the time of the notice of violation had finished school but was not a master cosmetologist at the time of the violation. The Respondent admitted that he did not have a master cosmetologist license at the time of the violation but asserts that he now is a 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, Barbara Hagan, violated the foregoing statute. Her shop should have been closed when the Respondent owner was absent from the salon or there should have been firm instructions that no cosmetology work would be done in the absence of the master cosmetologist.

RECOMMENDATION

Suspend the license of the Respondent for a period of not more than thirty

(30) days inasmuch as this was the second time the statute was violated. The first time no written violation notice was entered but the inspector orally warned the Respondent of the violation.

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

Barbara Hagan

Hair Fashion Wig Craft by B & B 1336 North Florida Avenue Lakeland, Florida 33802

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

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY,

Petitioner,

vs. CASE NO. 77-1023

BARBARA HAGAN d/b/a HAIR FASHION WIG CRAFT BY B&B,

Respondent.

/

FINAL AGENCY 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 Examiner, and considering the circumstances of this case, feels that the recommended penalty may be unduly harsh and therefore reduces the recommended penalty to a period of suspension of fifteen (15) days.

That the suspension shall be effective beginning on November 15, 1977 through November 30, 1977.

That the Respondent shall deliver the license number 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.

Virginia McKown, Chairman

Florida State Board of Cosmetology

COPIES FURNISHED:

Clifford L. Davis, Esquire Barbara Hagan

Post Office Pox 1752 Hair Fashion Wig Craft by B&B Tallahassee, Florida 32302 and 1336 North Florida Avenue

Lakeland, Florida 33802

Docket for Case No: 77-001023

Orders for Case No: 77-001023