STATE OF FLORIDA - ii DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION COSMETOLOGY BOARD 2005 1, IY Way DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2004-011116 Spo a JEFFERY PENNINGTON, C > (7 SS Respondent. / oe ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against JEFFERY PENNINGTON (“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 1115 Montego Bay Drive, Merritt Island, Florida 32953. 3. At all times material hereto, Respondent was unlicensed as a cosmetologist in the State of Florida. 4, On or about February 24, 2004, Petitioner Inspector, Pat Hasley, conducted a routine inspection of A Total Look Beauty Salon. 5. At all times material hereto, A Total Look Beauty Salon was licensed as a cosmetology salon, holding license number CE 72426. 6. During the inspection, Petitioner Inspector observed Respondent cutting and styling a customer’s hair for compensation. 7. During the inspection, Department of Business and Professional Regulation records revealed that Respondent was unlicensed to practice as a cosmetologist. 8. A cosmetologist and the practice of cosmetology is defined in sections 477,013(3) and 477.013(4), Florida Statutes, which states in pertinent part: (1) “Cosmetologist” means a person who is licensed to engage in the practice of cosmetology. (2) “Cosmetology” means the mechanical or chemical treatment of the head, face, and scalp for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair arranging, hair coloring, permanent waving, and hair relaxing for compensation. 9. Section 477.0265(1)(a), Florida Statutes, states that it is unlawful to “Te}ngage in the practice of cosmetology or a specialty without an active license.” 10. Based on the foregoing, Respondent violated section 477.0265(1)(a), Florida Statutes, by practicing cosmetology without a license, 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 ofa reprimand, placement of the Respondent on probation, restriction of Respondent's practice, and or any other relief which the Board deems appropriate. SIGNED this /7 Bay of Wa beck 2005. - Chui) Bano2 Charles F. Tunnicliff Chief Professions Attorney Attorney for Petitioner: Charles F. Tunnicliff Chief Professions Attorney F | Florida Bar No. 153831 nesatment of Busnes and Professional Regulation Department of Business and ‘ Professional Regulation AGENCY CLERK 1940 North Monroe Street Tallahassee, Florida 32399-2202 Phone: (850) 487-9656 CLERK So ra fp. \J | AM ory Facsimile: (850) 414-6749 wate, UL = ZOOS ZOO CFT/jbm February 24, 2005 Case # 2004-011116 Pa. oet 319-8

Docket for Case No: 05-001985