STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF COSMETOLOGY, )

)

Petitioner, )

)

vs. ) CASE NO. 88-2397

)

GREAT EXPECTATIONS PRECISION )

HAIRCUTTERS, )

)

Respondent. )

)

RECOMMENDED ORDER

Final hearing in this matter was held in Melbourne, Florida on June 29, 1988, before Mary Clark, Hearing Officer of the Division of Administrative Hearings.

The parties were represented as follows:

For Petitioner: Ray Shope, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

For Respondent: Sharon Bross, Resident Agent

Twin Towers Hair Stylists, Inc.

Great Expectations Precision Haircutters 1525 West New Haven

West Melbourne, Florida 32904 BACKGROUND AND PROCEDURAL MATTERS

Petitioner's Amended Administrative Complaint dated March 6, 1988, alleges violations of Chapter 477, F.S., regulating the practice of cosmetology, by the operation of a cosmetology salon without a current license.

At the hearing, DPR presented the testimony of a single witness and five exhibits related to the Respondent corporation and its license.

Respondent's representative and resident agent presented her own testimony. No transcript was filed, nor were post-hearing written briefs submitted.

ISSUE

The issue for determination is whether the alleged violations occurred and, if so, what disciplinary action is appropriate.

FINDINGS OF FACT

1. Respondent, Great Expectations Precision Haircutters, is a cosmetology salon located in Melbourne, Florida. Its owner, Twin Towers Hair Stylists, Inc. is a New York corporation authorized to do business in Florida.

   
   

2. Sharon Bross manages the salon and is the corporate owner's resident agent in Florida. The amended administrative complaint in this proceeding was served, by certified mail, on Sharon Bross.

   
   

3. In August 1987, Sara Kimmig, an inspector for various boards within the Department of Professional Regulation, visited the Respondent salon in Melbourne.

   
   

   She found the salon open and conducting business, with three persons in the waiting area and four operators engaged in performing services.

   
   

   She found that the salon's license number CE 0038872 expired in October 1986.

   
   

4. The salon opened for business in April 1986. All licenses expire on October 31st of even-numbered years, therefore the license expired shortly after it was obtained.

   
   

5. Ms. Bross was informed of the violation and she immediately applied for and obtained a renewal license.

   
   

6. At the hearing, Ms. Bross conceded that the license had expired, but that she had not received a renewal notice and the expiration was an oversight. The license on its face, however, indicates the October 31, 1986, expiration date.

   
   

7. There was no evidence of past or other concurrent violations by this salon.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction in this proceeding pursuant to Sections 120.57(1), F.S. and 455.225(4) F.S.

   
   

9. The Sections of Chapter 477, F.S. with which Respondent is charged with violating provide as follows:

   
   

   477.0265 Prohibited acts.--

   1. It is unlawful for any person to:

      * * *

      1. Own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a cosmetology salon or specialty salon:

         1. Which is not licensed or registered under the provisions of this chapter;

      477.029 Penalty.--

      1. It is unlawful for any person to:

         * * *

         (b) Operate any school of cosmetology or cosmetology salon unless it has been

         duly licensed as provided in this chapter, except that nothing herein shall be construed to prevent the teaching of cosmetology within the public school system or through any other government- operated program in this state.

         * * *

         (h) Violate any provision of Section 477.0265, Section 477.028, or Section 455.227(1).

         * * *

      2. Any person who violates the provisions of this section shall be subject to one or more of the following penalties, as determined by the board:

         1. Revocation or suspension of any license or registration issued pursuant to this act.

         2. Issuance of a reprimand or censure.

         3. Imposition of an administrative fine not to exceed $500 for each count or separate offense.

      
      

      "Person" is defined in Section 1.01(3), F.S., to include corporations such as Respondent.

      
      

10. The violation clearly occurred, as the salon's license was allowed to expire.

    
    

11. In its disciplinary guidelines found in Rule 21F-30.001, F.A.C., the Board has established an administrative fine of $50.00 per month, up to a maximum of $500.00, for every month that a licensee fails to properly renew and continues to operate.

The fact that the violations here were neither willful nor repeated does not serve to mitigate the discipline, as "willful and repeated violations of chapter 477" is a separate offense, described in Subsection 477.0265(1)(c), F.S., which offense subjects an licensee to the additional penalty of suspension or revocation. See Rule 21F-30.001(2)(d), F.A.C.

RECOMMENDATION

Based on the foregoing, it is, hereby RECOMMENDED:

That Respondent be found guilty of the violations, as charged, and fined

$500.00

DONE and RECOMMENDED this 5th day of August, 1988, in Tallahassee, Florida.

MARY CLARK

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 5th day of August, 1988.

COPIES FURNISHED:

Charles Tunnicliff, Esquire Ray Shope, Esquire Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Sharon Bross, Resident Agent Twin Towers Hair Stylists, Inc. Great Expectations Precision Haircutters

1525 West New Haven

West Melbourne, Florida 32904

Myrtle Aase, Executive Director Board of Cosmetology

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

William O'Neil, Esquire General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 88-002397

Orders for Case No: 88-002397