STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY )

)

Petitioner, )

)

vs. ) CASE NO. 77-1030

) LICENSE NO. MC 0072754

ALAN FINKELSTEIN, )

)

Respondent. )

) STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1031

) LICENSE NO. 130-063

ALAN FINKELSTEIN, OWNER ) PAN AMERICAN BEAUTY SCHOOL, INC.,)

)

Respondent. )

)

RECOMMENDED ORDER

This administrative hearing was heard on the 23rd day of June, 1977, commencing at 2:15 P.M. in Room 821, Broward County Courthouse, Fort Lauderdale, Broward County, Florida, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Clifford L. Davis, Esquire

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

Tallahassee, Florida 32302 For Respondent: No appearance

ISSUE

Whether the license of Respondent should be revoked, suspended, annulled or withdrawn for allowing a student to enroll in the Pan American Beauty School, Inc., without requiring her to have a student permit or to fill out an enrollment application for student status.

FINDINGS OF FACT

1. The Respondent, Alan Finkelstein, on behalf of himself and on behalf of the school he owned, plead guilty on the election of remedies and stated that he would not attend the subject hearing.

2. Each student enrolled in a beauty school in required to fill out an application form that is issued by the State Board of Cosmetology. A blood test is taken. Their picture is placed on the application on the school contract and sent together with a $5.00 money order to the Board. The permit is then sent to the school so that the students can get credit for hours toward their cosmetology training. No such application had been made at the time of inspection and no permit was issued to a female student, Sabina Morrell, participating in the instruction at the Pan American Beauty School, Inc.

   
   

3. The Respondent allowed the student to attend the school although she did not submit to him a photograph and money order until she later received approval as a foreign student from the immigration department.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 477.08(2), Florida Statutes, requires a school of cosmetology to refrain from admitting or enrolling any student into the school until a student permit from the State Board has been issued to the student upon verified application.

   
   

5. The Respondent school admitted Sabina Morrell who had no permit from the Petitioner.

   
   

6. Rule 21F-2.06(d), Florida Administrative Code, requires an enrollment permit to be posted for ,each student. No enrollment permit was issued for Sabina Morell, no application executed and the student was not eligible for credit although she had attended Pan American Beauty School for three (3) months.

RECOMMENDATION

Suspend tie license of the Respondent, Alan Finkelstein, for a period of fifteen (15) days. Suspend the license of the Pan American Beauty School, Inc., for a period of thirty (30) days.

DONE and ORDERED this 8th 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

Alan Finkelstein

1720 S. W. 8th Street Miami, Florida 33135

Docket for Case No: 77-001030

Orders for Case No: 77-001030