STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1024

) LICENSE NO. MC 55,002

CATHERINE BIRDSALL, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice the above styled cause was heard before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, at Room 821, Broward County Courthouse, Fort Lauderdale, Florida, on June 23, 1977, commencing at 2:00 P.M.

APPEARANCES

For Petitioner: Clifford L. Davis, Esquire

LaFace and Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302

For Respondent: Catherine Birdsall, in proper person

5702 Cadillac

Lake Worth, Florida 33460

ISSUE

Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for operation of a beauty salon in her home without a license in violation of Section 477.15(9), F.S., and Rule 21F-3.O1, F.A.C.

FINDINGS OF FACT

1. The Respondent, Catherine Birdsall, was cited on September 10, 1976, for operating a beauty salon in her home without a salon license by Inspector Geraldine Padgett.

   
   

2. The Respondent, Birdsall, had a beauty salon set up in her home which could have been eligible for licensing by the Petitioner had her home been in a properly zoned area.

   
   

3. Mrs. Birdsall was in fact operating a beauty salon although she was not charging her customers in money. It was a situation in which Mrs. Birdsall was practicing cosmetology so that she could be employed in another beauty salon as a cosmetologist. The patrons of Mrs. Birdsall repaid her for her cosmetology efforts by paying her for supplies and by doing other work for her on a barter- type arrangement.

4. The Respondent is not now operating a beauty salon in her home and is now employed elsewhere.

   
   

   CONCLUSIONS OF LAW

   
   

5. Rule 21F-3.01, Florida Administrative Code, requires a beauty salon to be licensed by the Petitioner. Section 477.15(9), Florida Statutes, provides that a license may be revoked, suspended, withdrawn or annulled for violation of Chapter 477, Florida Statutes, and the rules and regulations promulgated thereunder.

   
   

6. The Respondent violated Section 477.15(9), Florida Statutes, and Rule 21F-3.01, Florida Administrative Code, by operating a beauty salon in her home without a license.

RECOMMENDATION

Send a Respondent a written reprimand for violation of the statutes and rules.

DONE and ORDERED this 5th 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 and Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302

Catherine Birdsall 5702 Cadillac

Lake Worth, Florida 33460

Docket for Case No: 77-001024

Orders for Case No: 77-001024