Judges: DIANE D. TREMOR
Agency: Department of Business and Professional Regulation
Latest Update: Mar. 24, 1988
Summary: Respondent allowed unlicensed person to act as barber.
88-0282.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL )
REGULATION, BARBERS BOARD, )
)
Petitioner, )
)
vs. ) CASE NO. 88-0282
) DAVID F. PETRANO, d/b/a FAMILY ) HAIR CARE CENTER, )
)
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 March 9, 1988, at Tampa, Florida.
APPEARANCES
For Petitioner: Charles F. Tunnicliff, Esquire
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
For Respondent: David F. Petrano, pro se
150 Harborage Court Clearwater, Florida 33515
By Administrative Complaint filed November 10, 1987, the Department of Professional Regulation (DPR), Petitioner, seeks to revoke, suspend, or otherwise discipline the license of David F. Petrano to operate a barber shop. As grounds therefor, it is alleged that on or about August 3, 1987 Respondent employed an unlicensed person to practice barbering in violation of Section 476.194(1)(c), Florida Statutes.
At the hearing, Petitioner called one witness, Respondent called two witnesses, including himself, and seven exhibits were admitted into evidence. The parties waived the right to submit proposed recommended orders.
FINDINGS OF FACT
At all times relevant hereto Famiglia, Inc., of which David F. Petrano is president, doing business as Family Hair Care Center, held certificate of registration #BS 7401 to operate a barbershop. (Exhibit 1).
On August 3, 1987, an inspector from DPR visited the Family Hair Care Center for a routine inspection and observed Verious Benjamin Smith working as a barber. Smith held no valid barber's license in Florida. (Exhibit 3).
Respondent did not dispute the fact that Smith was operating as a barber without a current license, but contended that August 3, 1987 was the first day the shop had opened as Ebony Hair Style. A lot of promotional activities, including free services, was taking place, there was a lot of turmoil; reliance had been placed on Smith's assertion that he was licensed, and this was not verified before he was hired.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
Section 476.194, Florida Statutes, provides in pertinent part:
It is unlawful for any person to:
* * *
(c) Hire or employ any person to engage in the practice of barbering unless such person holds a valid license as a barber.
Section 476.204, Florida Statutes, also provides it is unlawful for any person to permit an employed person to practice barbering unless duly licensed in Florida, and for a violation of this provision a license may be revoked or suspended, reprimand a license issued, and/or an administrative fine of $500 may be imposed.
Section 476.204 authorizes the Board to revoke or suspend a license for the commission of any of the offenses described in Section 476.194.
From the evidence presented at the hearing, the Petitioner has proved by clear and convincing evidence that Respondent allowed an unlicensed person to operate as a barber at its licensed facility.
At the conclusion of Respondent's case, Petitioner presented two orders of the Barber's Board (Exhibits 6 and 7) dated January 24, 1988, and March 12, 1987, showing Respondent twice before had been found guilty of the same offense for which he is here charged. Thus, this is the third time Respondent has been found to be in violation of the statute proscribing allowing unlicensed persons to practice barbering.
Considering the mitigating circumstances surrounding the opening of a remodeled barbershop and the prior record of Respondent for similar violations to those here charged, it is
RECOMMENDED that the license of Famiglia, Inc., d/b/a Family Hair Care Center, be suspended for a period of one year and that an administrative fine of
$500 assessed. It is further
RECOMMENDED that, if the administrative fine is paid within 30 days of the issuance of the Final Order in this case, the execution of the suspension be stayed for a period not to exceed three years upon such terms and conditions as the Board may impose; and that unless the stay is sooner vacated for good cause shown within this 3 year period, that at the expiration of the 3 year period the suspension be set aside and Respondent restored to good standing.
ENTERED this 24th day of March, 1988, in Tallahassee, Florida.
K. N. AYERS 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 24th day of March, 1988.
COPIES FURNISHED:
Charles F. Tunnicliff, Esquire Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
David F. Petrano
150 Harborage Court Clearwater, Florida 33515
Myrtle Aase Executive Director Barbers Board
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Tom Gallagher Secretary
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
William O'Neil General Counsel
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Docket for Case No: 88-000282
Orders for Case No: 88-000282
