STATE OF FLORIDA cm DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION|* COSMETOLOGY BOARD 1G HAY -2 P 4:39 DEPARTMENT OF BUSINESS AND ONASION OF PROFESSIONAL REGULATION, ATIVE HEARINGS Petitioner, vs. Case No. 2004-033156 an 4 TAMARA D. THOMAS, (- [S59 Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against TAMARA D. THOMAS (“Respondent”), 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’s address of record is 210 Stillwell Avenue, Palatka, Florida 32177. 3. At all times material hereto, Respondent was unlicensed as a cosmetologist by the State of Florida and was operating an unlicensed salon. 4. On August 4, 2004 Petitioner Inspector, Richard Ward, conducted an inspection of Respondent’s house predicated upon receipt of a complaint alleging that Respondent was unlicensed as a cosmetologist and operating an unlicensed salon in a building behind Respondent’s house. 5. During the inspection, Petitioner Inspector observed a worn pathway leading to a building behind Respondent’s house. 6. During the inspection, Petitioner Inspector observed the Respondent either adding hair to or removing hair from client Cynthia Moore’s head, there was hair hanging sideways down Moore’s back. 7. During the inspection, Department of Business and Professional Regulation records revealed that Respondent was unlicensed in the State of Florida as a cosmetologist. 8. During the inspection, Department of Business and Professional Regulation records further revealed that Respondent’s salon was unlicensed in the State of Florida. 9. Before the citations could be given to the Respondent, Respondent’s husband came into the full service salon and stiffened two fingers on his right hand and started jabbing and pushing the inspector in the chest until he reached the road. 10. Two citations and two “Notice and Order to Cease and Desist” were sent to the Respondent Certified Mail, but Respondent refused to accept the Certified Mail and it was returned. 11. On December 3, 2005, two Deputy Sheriffs with the Putnam County Sheriffs Department assisted in delivering the two citations and the two “Notice and Order to Cease and Desist” documents to the Respondent at her residence. 12. A specialist and the specialty practice is defined in sections 477.013(5) and 477.013(6)(a), Florida Statutes, which states in pertinent part: (1) “Specialist” means any person holding a specialty registration in one or more of the specialties registered under [Chapter 477.013]. (2) “Specialty” means, in pertinent part, the manicuring, or the cutting, polishing, tinting, coloring, cleansing, adding, or extending of the nails. COUNT ONE 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve (12) as though fully set forth herein. 14. Section 477.0265(1)(a), Florida Statutes, states that it is unlawful to [eIngage in the practice of cosmetology or a specialty without an active license. 15. Based on the foregoing, Respondent violated section 477.0265(1)(a), Florida Statutes by practicing cosmetology without having a cosmetology license, and is thereby subject to discipline pursuant to Sections 477.029(1)(h) and (2), F lorida Statutes. COUNT TWO 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve (12) as though fully set forth herein. 17. Section 477.0265(1)(b)1, Florida Statutes, states that it is unlawful to “To}wn, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a cosmetology salon or specialty salon: which is not licensed.” 18. Based on the foregoing, Respondent violated section 477.0265(1)(b)1, Florida Statutes by operating a cosmetology salon that was unlicensed, and is thereby subject to discipline pursuant to sections 477.029(1)(h) and (2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Cosmetology enter a Final 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. SIGNED this 304 day of Debra , 2005. Attorney for Petitioner: Charles F. Tunnicliff Chief Professions Attorney Florida Bar No. 153831 Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Phone: (850) 487-9656 Facsimile: (850) 414-6749 CFT/bm January 28, 2005 Case # 2004-033156 LCC 2-3-5” Charles F. Tunnicliff . Chief Professions Attorney FILED Department of Business and Professional Regulatian AGENCY CLERK CLERK Sop L-. Wewhom oat__Z “24-2005

Docket for Case No: 05-001555