STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT ) OF PROFESSIONAL REGULATION, ) BARBERS' BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 82-224

) ALBERT ACKERSTEIN and ALBERT'S ) BARBER SHOP, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Ft. Lauderdale, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R.

1. Carpenter, on April 8, 1982. The parties were represented by:

   
   

   APPEARANCES

   
   

   For Petitioner: Drucilla E. Bell, Esquire

   Assistant General Counsel

   Department of Professional Regulation

   130 North Monroe Street Tallahassee, Florida 32301

   
   

   For Respondents: Adam Kurlander, Esquire

   Zedeck and Kurlander Post Office Box 600429

   North Miami Beach, Florida 33162

   
   

   This matter arose on Petitioner's administrative complaint charging that Respondents employed an unlicensed person as a barber. The parties stipulated to the facts at issue and to Respondents' violations as charged.

   
   

   FINDINGS OF FACT

   
   

   1. Albert Ackerstein is a currently licensed barber holding license number BB 0009065, and was so licensed at all times relevant to this proceeding.

      
      

   2. Albert's Barber Shop is a currently licensed barber shop holding license number BS 0001976, and was so licensed at all times relevant.

      
      

   3. Mario Burchianti was hired by Albert Ackerstein as a barber in 1977 when he held a current valid barber license and continued to work as a barber in Albert's Barber Shop until November, 1980, when he was dismissed for not having a current valid barber license.

   4. Mario Burchianti's barber license expired in 1978 due to his failure to renew. In order to obtain a new barber's license, he took the barber exam in September, 1980 and passed said barber exam in December, 1980.

      
      

   5. A license check performed by the Department of Professional Regulation in July, 1980 revealed one violation: Mr. Burchianti was unlicensed.

      
      

   6. A follow up license check performed by the Department in September, 1980, revealed the same violation. Mr. Ackerstein, who was unaware of the violation, became aware of the problem through the Department in October or November, 1980 and thereupon dismissed Mr. Burchianti.

      
      

   7. Petitioner's follow up investigation conducted in August, 1981 revealed no violation of any kind.

      
      

      CONCLUSIONS OF LAW

      
      

   8. Counsel for both parties agreed at hearing that the facts set forth above establish violations of Sections 476.194(3) and 476.214 (1)(c), Florida Statutes, and that Respondents Albert Ackerstein and Albert's Barber Shop are guilty of these violations as charged in Counts I and II of the administrative complaint.

RECOMMENDATION

From the foregoing findings of fact and conclusions of law, it is RECOMMENDED:

That Petitioner enter a final order fining each Respondent one hundred dollars.

DONE and ENTERED this 28th day of April, 1982 at Tallahassee, Florida.

R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of April, 1982.

COPIES FURNISHED:

Drucilla E. Bell, Esquire Assistant General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Adam Kurlander, Esquire Zedeck and Kurlander Post Office Box 600429

North Miami Beach, Florida 33162

Samuel R. Shorstein Secretary

Old Courthouse Square Building

130 North Monroe Street Tallahassee, Florida 32301

Myrtle Aase Executive Director Board of Barbers

Old Courthouse Square Building

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-000224

Orders for Case No: 82-000224