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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF COSMETOLOGY vs CARLOS DI CARLOS, 01-003486PL (2001)

Court: Division of Administrative Hearings, Florida Number: 01-003486PL Visitors: 13
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF COSMETOLOGY
Respondent: CARLOS DI CARLOS
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Boca Raton, Florida
Filed: Sep. 06, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 1, 2001.

Latest Update: Sep. 30, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF COSMETOLOGY DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2001-01108 CARLOS DI CARLOS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Cosmetology, against CARLOS DI CARLOS, UeRespondent"), and says: - 1. Petitioner is the state agency charged with regulating the practice of cosmetology pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 477, Florida Statutes, and the rules promulgated thereto. 2. Respondent is, and has been at all times material hereto, a licensed cosmetology salon, in the State of Florida, having been issued license number CE 0060841. 3. Respondent's address of record is 193 E. Palmetto Park Road, Boca Raton, Florida 33432. 4. Respondent is the owner of Carlos Di Carlos salon. 5. On January 26, 2001 an inspection of the Respondent sm A A LA a EN ee es establishment was performed. 6. During the inspection, the Respondent establishment was open for business with various customers receiving cosmetology services for’ compensation. 7. The inspection revealed various document and sanitary violations within the establishment. 8. The inspection revealed that the most current inspection sheet was not conspicuously displayed in view of the front entrance. . 9. The inspection revealed that all the “cosmetologist /specialist Licenses were not conspicuously displayed with photograph. ) 10. The inspection revealed that the clean linens were not kept in a closed dustproof cabinet. 11. The inspection revealed that a sanitary towel or neck _strip was not placed around the neck of each patron. 12. The inspection revealed that all combs, brushes, and metallic implements which come in contact with blood or bodily fluids were not immersed in EPA registered tuberculocidal disinfectant. 13. The inspection revealed that all cleaned or disinfected equipment was not stored in clean closed cabinet or container separate from undisinfected articles. COUNT I 14. Petitioner realleges and incorporates the allegations set SERGE SL WL eee ER SL RTE RS, forth in paragraphs one through thirteen as though fully set forth herein. 15. Rule 61G5-20.002, Florida Administrative Code provides in relevant part that prior to opening a cosmetology salon, the owner shall meet the safety and sanitary requirements as listed in the “subsequent portions of this section, with said requirements to continue in full force and effect for the life of the salon. 16. Based on the foregoing, the Respondent is in violation of Rule 61G5-20.002, Florida Administrative Code, and is therefore subject to > disciplinary action by the Board of ‘Cosmetology purstiant ~ to Section 477.029(1 1) (a) and (2), Florida Statutes. COUNT IT 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. . is. Rule 61G65-20.004(1)(b), Florida Administrative Code provides in relevant part that all holders of a cosmetology or specialty salon license shall display a legible copy of the most recent inspection sheet within their salons, in a conspicuous place ; i which is clearly visible to the general public upon entering the salon. ~ 19. Based on the foregoing, the Respondent violated Rule 61G5-20.004(1) (b), Florida Administrative Code, and is therefore subject to disciplinary action by the Board of Cosmetology pursuant to Section 477.029(1) (h) and (2), Florida Statutes. : . COUNT III 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth herein. 21. Rule 61G5-20.004(2), Florida Administrative code provides — in relevant part that all holders of a cosmetology or specialty salon license shall require and ensure that all individuals engaged — 7 , in the practice of cosmetology display at the individual work “station ‘their current license or "registration with a photograph se Tess than two years old attached or affixed to the license at al times. 22. Based on the foregoing, the Respondent is in violation of Rule 61G5-20.004 (2), Florida Administrative Code, and is therefore subject to disciplinary action by the Board of Cosmetology pursuant ‘to Sections 477.029(1) (h) and (2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Cosmetology to enter an Order imposing one or more of the following penalties: imposition of an administrative fine, revocation or suspension of the Respondent's license, issuance of a reprimand, placement of the Respondent on probation, restriction of Respondent's practice, and/or any other relief which the Board deems appropriate. be SIGNED this IZ -day of , 2001. FILED Department of Bysiness and Professlonal Regulation ' DEPUTY CLERK cur Crardnl Mechel DATE T- | A-200 | By: Lead Professions Attorney COUNSEL FOR THE DEPARTMENT: | Erica D. Glover Assistant General Counsel Department of Business and Professional Regulation Suite 60 : 1940 North Monroe Street Tallahassee, Florida 32399-0792 (850) 922-4127 GH/EDG/1n Case No. 2001-01108 PC: JUN 2 zor

Docket for Case No: 01-003486PL
Source:  Florida - Division of Administrative Hearings

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