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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs BEST CUT BARBERSHOP, 05-003775 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-003775 Visitors: 37
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: BEST CUT BARBERSHOP
Judges: PATRICIA M. HART
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Oct. 12, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 9, 2005.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA BARBERS’ BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION oa ee es =m Bre za. BE Petitioner, a vs. Case No. 2004-027507 BEST CUT BARBERSHOP, Respondent. OS - 3TIS / Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Barbers’ Board, against BEST CUT BARBERSHOP (“Respondent”), and says: 1. rules promulgated thereto. Petitioner is the state agency charged with regulating the practice of barbering pursuant to section 20.165, Florida Statutes, and Chapters 455 and 476, Florida Statutes, and the 2. 33314. Respondent’s address of record is 189 South Gate Boulevard, Margate, Florida 3. 4, At all times material hereto, Respondent has been licensed as a barbershop in the State of Florida, holding license number BS 12982. Margate, Florida 33314. On or about April 23, 2004, Petitioner Investigator, Cheryl McDonnough, conducted a routine inspection of Respondent barbershop located at 189 South Gate Boulevard, EXHIBIT A 5. During the inspection, Petitioner Inspector observed Respondent barbershop had expanded into the space next door to barbershop. 6. During the inspection, Petitioner Inspector observed Respondent barbershop had eighteen chairs and one sink. (See Petitioner’s Exhibit 1.) 7. Rule 61G3-19.011(6), Florida Administrative Code, provides that each barbershop “must have one sink for each two barber chairs.” 8. During the inspection, Department of Business and Professional Regulation records revealed that Respondent barbershop’s application alleged that Respondent barbershop would have six chairs and three sinks. (See Petitioner’s Exhibit 1.) COUNT ONE 9. Petitioner realleges and incorporates the allegations set forth in paragraph one through eight (8) as though fully set forth herein. . 10. = Section 476.204(1)(i), Florida Statutes, states that it is unlawful for any person to “Tyjiolate or refuse to comply with any provisions of [Chapter 476] or Chapter 455 or arule or final order of the Board.” 11.‘ Based on the foregoing, Respondent violated section 476.204(1)(i), Florida Statutes, by violating a sanitary rule and is therefore subject to disciplinary action by the Barbers’ Board pursuant to section 476.204(2), Florida Statutes COUNT TWO 12. __‘ Petitioner realleges and incorporates the allegations set forth in paragraph one through eight (8) as though fully set forth herein. 13. Section 476.204(1)(e), Florida Statutes, states that it is unlawful for any person to “olive false or forged evidence to the Department in obtaining any license provided for in [Chapter 476].” ' 14. Based on the foregoing, Respondent violated section 476.204(1)(e), Florida Statutes, by giving fraudulent information to the Department of Business and Professional Regulation when applying for licensure and is therefore subject to disciplinary action by the Barbers’ Board pursuant to section 476.204(2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Barbers’ Board 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_2__ day of , 2004. Susan Wilkinson Assistant General Counsel FILED | Regulation Attorney for Petitioner: Department of is eT el id Susan Wilkinson EPUTY Florida Bar No. 0686743 Assistant General Counsel 4 ., egal Office of the General Counsel CLERK ‘S-20- AO dean Department of Business and Professional Regulation one Dr AOA S 1940 North Monroe Street Tallahassee, Florida, 32399-2202 Phone: (850) 487-8435 Facsimile: (850) 414-6749 SWhah July 12, 2004 Case Number: 2004-027507 PLP Cate Quoust 4,200 CET

Docket for Case No: 05-003775
Source:  Florida - Division of Administrative Hearings

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