STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

THE STATE BOARD OF INDEPENDENT ) POST-SECONDARY VOCATIONAL, ) TECHNICAL, TRADE AND BUSINESS ) SCHOOLS, )

)

Petitioner, )

)

vs. ) CASE NO. 78-672

) CORAL GABLES DANCE STUDIO, INC., ) d/b/a CINDERELLA MODELING AND ) FINISHING SCHOOL, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly- designated Hearing Officer, James E. Bradwell, held a public hearing in this case on July 12, 1978, in Miami, Florida.

APPEARANCES

For Petitioner: Gene Sellers, Esquire

Office of the General Counsel Board of Education

Knott Building Tallahassee, Florida 32304

For Respondent: Did not appear by counsel or otherwise,

although properly noticed. A late-filed Motion for Continuance was received post- hearing.

STATEMENT OF THE ISSUE

The issue posed for decision herein is whether or not the Petitioner, State Board of Independent Post-Secondary Vocational, Technical, Trade and Business Schools (Petitioner or Board), properly denied issuance of a license to Respondent to operate a school, as defined in Subsections 246.201-246.231, Florida Statutes.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying and the entire record compiled herein, the following relevant facts are found:

1. The Board is an agency of the State of Florida charged with the administration and processing of licenses for schools falling within the guidelines of Subsection 246.215(1), Florida Statutes.

   
   

2. On February 14, 1978, Earl R. Edwards, Executive Director of the Board issued a report on Respondent's license application for licensure, and the Board recommended denial of such based upon, inter alia, the fact that the Respondent failed to provide certain information, as required by Chapter 6F-5.01(1)(g)4,A-

1. Specifically, the Petitioner's curriculum catalog failed to contain information relative to:

   
   

   1. A school calendar, including legal holidays, and beginning dates for courses. Chapter 6F-5.01 (1)(g)4c, Florida Administrative Code.

      
      

   2. A school policy relative to a record of progress kept by the school and available to the student. (Chapter 6F-5.01(1)(g)4f, Florida Administrative Code.)

      
      

   3. The school's refund policy, Chapter 6F-5.01 (1)(g)4, (i). As such, there is a stated failure to comply with the provisions of Chapter 6F-5.01(1) (f)11.

      
      

   4. The school's policy relative to the granting of credit for previous training as set forth in Chapter 6F-5.01(1)(g)4,1, Florida Administrative Code.

      
      

   5. The school's policy relative to granting

an award for successful completion of the course. (Chapter 6F-5.01(1)(g)4,m.)

1. Respecting the Respondent's failure to abide by a permissible refund policy, Karen Fishbaum, of Lauderhill, Florida, contacted Respondent at the subject school during December of 1977. Miss Fishbaum expressed interest in becoming a model. She was shown around the school by Mr. R.E. Denson, the school director and owner. Miss Fishbaum tendered to Mr. Denson a $75.00 check and signed a contact to enroll in the school. She was given a course outline, an introductory letter, and a receipt for the $75.00 enrollment fee. Within 72 hours, Miss Fishbaum advised the Respondent of her desire to cancel her enrollment, as provided for in the school's enrollment contact. This cancellation was effected a telephone call and a telegram to Mr. Denson prior to the expiration of the three-day grace period allowed for cancellation. Mr. Denson advised Miss Fishbaum that he was entitled to retain approximately $25.00 of the amount which she paid for tuition. Within a few days, Miss Fishbaum received a check drawn by Respondent in the amount of approximately $50.00, representing Respondent's refund of her tuition. According to Miss Fishbaum, the Respondent explained to her that her course of instruction would last approximately 30 hours. Miss Fishbaum later enrolled at the Gayle Carson Modeling School in Hollywood, Florida, during the spring of 1977.

   
   

2. Earl R. Edwards, the Board's Executive Director, is in charge of administering exams, analyzing and otherwise approving applications for licensure by the Board. Mr. Edwards first came in contact with the Respondent, Cinderella Modeling and Finishing School, during mid-February of 1976.

   Respondent was notified of its necessity to file an application and receive licensure by the Board. Respondent, at that time, was given a copy of the pertinent Florida Statutes and the rules and regulations relative to licensure requirements. Despite such notice, Respondent continued to operate with a license until he was enjoined by the Circuit Court in and For Dade County, Florida. (Petitioner's Exhibit No. 7). It was based on such acts and conduct that the Board, during its March, 1978 meeting, denied granting a license to Respondent.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

4. The parties were duly noticed, pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

5. The authority of the Petitioner is derived from Chapter 246.201-231, Florida Statutes.

   
   

6. Competent and substantial evidence was offered to sustain the action of the Petitioner, State Board of Independent Post-Secondary Vocational, Technical, Trade and Business Schools in denying licensure to the Respondent.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the action of the agency in denying licensure to the Respondent be sustained.

DONE and ENTERED this 29th day of September, 1978, at Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings

101 Collins Building

MAILING ADDRESS: 530 Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 29th day of September, 1978.

COPIES FURNISHED:

Gene T. Sellers, Esq.

Office of the General Counsel Knott Building

Tallahassee, FL 32304

R.E. Denson, School Director

Cinderella Modeling and Finishing Schools of Coral Gables

276 Miracle Mile

Coral Gables, FL 33134

Mr. Earl Edwards

Executive Director of the State

Board of Independent Post-Secondary Vocational, Technical, Trade and Business Schools

Knott Building Tallahassee, FL 32304

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AGENCY FINAL ORDER

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

STATE OF FLORIDA DEPARTMENT OF EDUCATION

STATE BOARD OF INDEPENDENT POST- SECONDARY VOCATIONAL, TECHNICAL, TRADE AND BUSINESS SCHOOLS,

Petitioner,

vs. DOAH CASE NO. 78-672

CORAL CABLE DANCE STUDIO, INC., d/b/a CINDERELLA MODELING AND FINISHING SCHOOL,

Respondent.

/

FINAL ORDER

This matter came on for consideration by the State Board of Independent Post-Secondary Vocational, Technical, Trade and Business Schools (Board) at its regularly scheduled public meeting held October 17, 1978, in Tampa, Florida, Collier Room, Host International Hotel, pursuant to a public notice and notice to all interested parties.

Before the Board was the September 29, 1978, Recommended Order issued by James E. Bradwell, Hearing Officer, Division of Administrative Hearings as a result of the administrative hearing held July 12, 1978, to determine whether or not cause exists to deny Coral Gable Dance Studio, Inc., d/b/a Cinderella Modeling and Finishing School's (Respondent) application for a license to be issued by the Board. Oral argument by counsel was heard.

The Board having before it the entire Record in this case and upon due examination and consideration does hereby adopt the September 29, 1978, Recommended Order as its own except that the Board specifically finds that the Respondent continued to operate without a license until enjoined by the Circuit Court in and for Dade County. Said Order is hereby incorporated by reference and made a part hereof.

The Board specifically states and concludes that based upon the Record, the Findings of Facts, and Conclusions of Law that Respondent has failed to comply with Sections 246.201-246.231, Florida Statutes, and violated Rules 6F-501 et seq., F.A.C., as specified in the Recommended Order and that such failure to comply and violations constitute "cause" for purposes of Section 246.221, Florida Statutes, to refuse application for a license and to deny issuance of a license to Respondent.

Wherefore, it is hereby Ordered and Adjudged that the application for a license filed by Coral Gable Dance Studio, Inc., d/b/a Cinderella Modeling and Finishing School is denied.

DONE AND ORDERED this 17th day of October, 1978.

STATE BOARD OF INDEPENDENT POST- SECONDARY VOCATIONAL, TECHNICAL, TRADE AND BUSINESS SCHOOLS

D. John Benati, Chairman

BRUCE J. WILLIAMSON JACK H. JONES

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to R. E. Denson, Director, Coral Gable Dance Studio, Inc., d/b/a Cinderella Modeling and Finishing School, 276 Miracle Mile, Coral Gables, Florida 33134; Gene F. Sellers, Esquire, State Board of Education, Knott Building, Tallahassee, Florida 32304, Attorney for Petitioner; and James E. Bradwell, Hearing Officer, Division of Administrative Hearings, Room 530, Carlton Building, Tallahassee, Florida 32304, by mail this 19th day of October, 1978.

STATE BOARD OF INDEPENDENT POST- SECONDARY VOCATIONAL, TECHNICAL, TRADE AND BUSINESS SCHOOLS

Libby P. Huggins Administrative Assistant

Earl R. Edwards Executive Director

Docket for Case No: 78-000672

Orders for Case No: 78-000672