STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NOS. 78-462

) 78-668

NORMA BERTHA RUIZ de HIDALGO, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Coral Gables, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Robert T. Benton, II, on June 5, 1978.

APPEARANCES

For Petitioner: Daniel J. Wiser, Esquire

Post Office Pox 1752 Tallahassee, Florida 32302

For Respondent: Norma Bertha Ruiz de Hidalgo and Her

husband who spoke on her behalf at the hearing and helped translate portions

of the proceedings from English to Spanish.

By administrative Complaint dated March 10, 1978 (No. 78-462), and again by adminisirative complaint dated April 3, 1978 (No. 78-668), petitioner alleged that respondent "on December 22, 1977, did practice cosmetology without a license by the act of manicuring a patron at the Hallmark Beauty Salon . . ."

FINDINGS OF FACT

1. On December 22, 1977, respondent manicured a patron at the Hallmark Beauty Salon, without having been licensed by or registered with petitioner. Jacob Rubin, an investigator employed by petitioner, observed respondent at the time and asked her to produce her license. She said she had left it at home and ostensibly went to get it, but did not return before Mr. Rubin left. Mr. Rubin became suspicious and caused a search of petitioner's records to be made.

   
   

2. On February 22, 1978, Petitioner licensed respondent as a manicuring, pedicuring, and shampooing specialist.

   
   

   CONCLUSIONS OF LAW

   
   

3. By reference to other provisions of the Florida Cosmetology Law, Section 477.15(8), Florida Statutes (1977) makes the practice of cosmetology without a license, of which respondent was shown to be guilty, one of the causes for which petitioner "may either refuse to issue . . . or suspend or revoke any

certificate of registration . . ." This language should be understood as authorizing suspension or revocation on any of the stated grounds only for conduct that occur after licensure. Conduct that occurs before a license or certificate is issued may give rise to grounds for refusal to issue a license, but once a license is issued, petitioner is without authority to suspend or revoke it on account of conduct which occurred before its issuance and of which petitioner was aware at tie time of issuance.

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That petitioner dismiss the administrative complaint.

DONE and ENTERED this 30th day of June, 1978, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Daniel Wiser, Esquire Post Office Box 1752

Tallahassee, Florida 32302

Norma Bertha Ruiz de Hidalgo c/o Hallmark Beauty Salon 3800 South Ocean Drive Hollywood, Florida

Docket for Case No: 78-000462

Orders for Case No: 78-000462