STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1065

)

CARMELINA DENUR, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, at Room 821, Broward County Courthouse, Fort Lauderdale, Broward County, Florida, 00 the 23rd day of June, 1977, beginning at 4:15 p.m.

APPEARANCES

For Petitioner: Clifford L. Davis, Esquire

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

Tallahassee, Florida 32302

For Respondent: Carmelina Denur

5295 Southwest 8th Court Margate, Florida 33063

ISSUE

Whether the license of the Respondent, Carmelina Denur, should be revoked, annulled, withdrawn or suspended for operating a cosmetology salon without a salon registration certificate.

FINDINGS OF FACT

1. The inspector for the Petitioner, State Board of Cosmetology, entered a large utility room at the home of Respondent and found therein a cosmetology station with the usual mirrors, chairs , desks and cosmetology supplies, including an appointment book near the telephone. At the time of the visit of the inspector on May 27. 1977, the Respondent, Carmelina Debur, was doing a comb-out. Another woman was sitting in a chair in the area. The inspector determined that the Respondent was operating a beauty salon in her home without a registration and wrote a violation notice.

   
   

2. The Respondent contended: that she had been retired six months from her job as a cosmetologist and that the furnishings for a salon in her home were for the benefit of her relatives and close friends and that she was not operating a beauty salon in her home. She stated that the area was a residential area and that her uncle gave her the salon equipment when he remodeled his store, and

   that she bought the cosmetology supplies inasmuch as she had a license and could buy it for personal use. She testified that she received no money from anyone and was not conducting a business in the beauty salon area of her home.

   
   

3. There was no testimony or other evidence to show that the Respondent was in fact operating a beauty salon in her home.

   
   

   CONCLUSIONS OF LAW

   
   

4. Respondent was charged with the violation of Section 477.02(4), Florida Statutes, which states:

"It shall be unlawful for any person, firm, or corporation to operate a cosme- tology 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 reasonable times. Registered cosmetologist may be employed in such salons, on the condition that no more than five registered cosme- tologists may be so employed under the supervision of any one registered master cosmetologist. If more than one registered master cosmetologist is employed in a particular salon, each registered master cosmetologist may directly supervise no more than five registered cosmetologists."

Respondent was not operating a beauty salon.

Respondent is charged with violation of Regulation 22F-3.01, Florida Administrative Code, which requires a certificate to operate a beauty salon.

The evidence does not show that the Respondent was in fact operating a beauty salon and therefore needed no certificate.

RECOMMENDATION

Dismiss the complaint.

DONE and ORDERED this 17th 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

Carmelina Denur

5295 S.W. 8th Court Margate, Florida 33063

Docket for Case No: 77-001065

Orders for Case No: 77-001065