Judges: K. N. AYERS
Agency: Department of Business and Professional Regulation
Latest Update: Dec. 14, 1987
Summary: Working while awaiting license violates statute.
87-4763STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, )
)
Petitioner, )
)
vs. ) CASE NO. 87-4763
)
JANICE KESLER HUCKEBY, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled cause on December 1, 1987, at Clearwater, Florida.
APPEARANCES
For Petitioner: Charles F. Tunnicliff, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
For Respondent: Janice K. Huckeby, pro se
13500 Rodgers Avenue, No. 203
Largo, Florida 34641
By Administrative Complaint filed September 4, 1987, the Department of Professional Regulation, Petitioner, seeks to revoke, suspend, or otherwise discipline the license of Janice K. Huckeby, Respondent, as a cosmetologist. As grounds therefore it is alleged she practiced cosmetology before receiving a Florida license to so practice.
At the hearing Petitioner called one witness, Respondent testified in her own behalf and four exhibits were admitted into evidence. No transcript of these proceedings was ordered, and the parties waived the right to submit proposed findings to the Hearing Officer.
FINDINGS OF FACT
Janice L. Kesler was licensed by the State of Oklahoma as cosmetologist, and her license was in good standing when she moved to Florida in 1987.
When she inquired about licensure in Florida she was provided with a copy of Rule 21F-18.07, Florida Administrative Code (Exhibit 3) and complied with those provisions in submitting her application to the Florida Board of Cosmetology. Her application for licensure was dated August 9, 1987.
Between the time Respondent obtained confirmation that her Oklahoma license was active and in good standing on March 25, 1987 (Exhibit 1), she married Huckeby. When the application was submitted August 9, 1987, she crossed out Kesler as the applicant and replaced the name with Huckeby (Exhibit 1).
This led to a request from the Board for a copy of the marriage certificate to verify the name change. This was promptly submitted by Respondent.
Respondent honestly believed that upon the submission of her application she could work as a cosmetologist in Florida as she had complied with all of the conditions in Exhibit 3 which had been provided to her.
Respondent worked as a cosmetologist from the end of July until August 13, 1987 when she was discovered to be working without a license by an inspector from the Department of Professional Regulation. Upon being told that she could not work without a Florida license, Respondent ceased until she received the Board of Cosmetology letter of August 28, 1987 (Exhibit 1) advising her that she had been issued License No. CL 0156613 and could commence work immediately although her license would not be received by her for about six weeks.
During the period of approximately two weeks Respondent worked she earned $217.00.
Exhibit 2, which contains copies of the appointment book for the salon in which Respondent worked, shows appointments made for Respondent between August 13 and August 30, 1987. During this period, Respondent expected momentarily to receive her license, and appointments were made under her name but she did not serve those customers until after receipt of the Board's letter of August 28, 1987.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
Section 477.029(1), Florida Statutes, provides inter alia it is unlawful for a person to (a) hold himself out as a cosmetologist unless duly licensed by this state, and (h) to violate any provision of Section 477.0265. Section 477.0265 makes it unlawful inter alia for a person to engage in the practice of cosmetology without an active license.
Respondent, by working as a cosmetologist clearly violated the provisions of the statute above cited.
While Respondent may have some justification for believing she could legally work as a cosmetologist in Florida after she had submitted her completed application for licensure, by her own testimony she commenced working in late July 1987 and submitted her application August 9, 1987.
Respondent is undoubtedly a competent cosmetologist and, in this case, no harm to the public occurred as the result of her working as a cosmetologist before receiving her license. On the other hand, she was aware that it was unlawful for her to work as a cosmetologist before submitting her application for licensure.
From the foregoing, it is concluded that Respondent violated the provisions of Chapter 477, Florida Statutes, as alleged. It is
RECOMMENDED that Respondent be fined $200.00 and that her license be suspended for one year. It is further recommended that if the fine is paid within thirty (30) days of the issuance of the Final Order that the suspension be set aside.
ENTERED this 14th day of December, 1987, in Tallahassee, Florida.
K. N. AYERS 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 14th day of December, 1987.
COPIES FURNISHED:
Charles F. Tunnicliff Chief Attorney
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Janice Kesler Huckeby
13500 Rodgers Avenue, No. 203
Largo, Florida 34641
Tom Gallagher Secretary
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Docket for Case No: 87-004763
Orders for Case No: 87-004763
