STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, BARBERS' BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0056

)

MARIO PEREZ, d/b/a RONEY )

PLAZA BARBERSHOP, )

)

Respondent. )

)

RECOMMENDED ORDER

A final hearing was held in this case in Miami, Florida, on March 2, 1984.

The issue is whether Respondent, Mario Perez, d/b/a Roney Plaza Barbershop, should be disciplined for allegedly employing at his barbershop a person not licensed to practice barbering in the State of Florida.

APPEARANCES

For Petitioner: Theodore R. Gay, Esquire

Tallahassee, Florida

For Respondent: No appearance for Respondent

Although the final hearing was held pursuant to proper notice, neither Respondent nor his counsel appeared at the final hearing. Respondent's failure to have anyone appear on his behalf at the final hearing was not the fault of the Petitioner or the Division of Administrative Hearings.

At the final hearing, Petitioner presented one witness, Steve Granowitz. Petitioner also offered Petitioner's exhibits 1 through 6, all of which were received in evidence.

FINDINGS OF FACT

1. Except to the extent consistent with the following findings of fact, all proposed findings of fact are rejected as either not supported by competent substantial evidence, contrary to the greater weight of the evidence, or irrelevant.

   
   

2. At all times between August 4, 1983, and March 2, 1984, Respondent was licensed to practice barbering in the State of Florida, having been issued barber License Number BD 0019428. Respondent was also licensed to own and operate Roney Plaza Barbershop in Miami Beach, Florida, during the same time period, having been issued barbershop License Number BS 0004727. During this time period, Respondent owned and was operating this barbershop. Both licenses expire July 31, 1984.

3. On August 4 and 5, 1983, Respondent employed a person to engage in the practice of barbering at Roney Plaza Barbershop who did not hold a valid license as a barber or registered barber's assistant.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 476.194, Florida Statutes (1983), makes it unlawful for any person to "[h]ire or employ any person to engage in the practice of barbering unless such person holds a valid license as a barber or registered barber's assistant." Section 476.214 empowers the Barbers' Board to "revoke or suspend any license, registration, or certificate of registration issued pursuant to this act, or to reprimand, censure, deny subsequent licensure of, or otherwise discipline any holder of a license, registration, or certificate of registration" for "[c]ommission of any of the offenses described in s. 476.194." Respondent is subject to discipline under these two statutes.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Barbers' Board require Respondent to pay an administrative fine of three hundred dollars ($300.00).

DONE AND ENTERED this 28th day of March 1984 in Tallahassee, Florida.

J. LAWRENCE JOHNSTON Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of March 1984.

COPIES FURNISHED:

Theodore R. Gay, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Harold Rosen, Esquire

420 Lincoln Road, Suite 320 Miami Beach, Florida 33139

Myrtle S. Aase, Executive Director Barbers' Board

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Fred M. Roche, Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 84-000056

Orders for Case No: 84-000056