STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 88-0759

)

JOESPH LONGO, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the above matter was heard before the Division of Administrative Hearings by its duly designated Hearing Officer, Don W. Davis, on July 14, 1988 in Fort Lauderdale, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Charles F. Tunnicliff, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

For Respondent: No Appearance

BACKGROUND

This matter began when Petitioner issued an administrative complaint charging Respondent with practicing cosmetology without a license and seeking the imposition of an administrative fine. The Respondent requested a formal administrative hearing.

At hearing, Petitioner presented the testimony of one witness and one evidentiary exhibit. The Respondent was not present. The Petitioner waived submission of proposed findings of fact. No such findings were timely filed by Respondent and were not available at the time of the preparation of this recommended order.

Based upon all of the evidence, the following findings of fact are determined:

FINDINGS OF FACT

1. Petitioner is the state agency charged with regulating the practice of cosmetology pursuant to section 20.30, Florida Statutes, Chapter 455 and Chapter 477, Florida Statutes.

2. Respondent's last known address in Florida is 2832 N.E. 2nd Avenue, Boca Raton, Florida 33231.

   
   

3. Respondent is not licensed to practice cosmetology in the State of Florida.

   
   

4. Jo Oben was employed by Petitioner as an inspector on February 10, 1987. She has conducted in excess of 2,000 inspections of cosmetology salons.

   
   

5. In the course of an annual inspection of the premises of King's Point Hair Stylist, a cosmetology salon, Ms. Oben discovered Respondent and another person removing hair rollers from the hair of a female client seated in a chair. Respondent was checking the "spring" of the client's hair.

1. Respondent was unable to produce a license in response to Ms. Oben's request. Respondent also refused to sign a "cease and desist" agreement for Ms. Oben.

   
   

2. Respondent stated to Ms. Oben that he was merely observing and not actively serving the client.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

4. The proof establishes that Respondent did engage in the practice of cosmetology without a valid license. The Respondent is guilty of violation of sections 477.0265(1)(a) and 477.029(1)(h), Florida Statutes.

   
   

5. Petitioner's disciplinary guidelines in section 21F-30.001, Florida Administrative Code, recommend the imposition of an administrative fine in the amount of $500 for engaging in the practice of cosmetology without a license.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that an administrative fine of $500 be imposed upon Respondent. DONE AND RECOMMENDED this 11th day of August, 1988, in Tallahassee, Leon

County, Florida.

DON W. DAVIS

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 11th day of August, 1988.

COPIES FURNISHED:

Charles F. Tunnicliff, Esquire Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Joseph Longo

Route #2, Box 822, M-7 Coconut Creek, Florida 33073

William O'Neil, Esquire General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Myrtle Aase Executive Director

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 88-000759

Orders for Case No: 88-000759