STATE OF FLORIDA eS Lfop i E t, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ! 4, f= 74 COSMETOLOGY BOARD 5° Noy > ~~ “Pity, DEPARTMENT OF BUSINESS AND Hel S Tp OF PROFESSIONAL REGULATION, CARLY all VE Petitioner, vs. Case No. 2005-02943 1 BARBARA A. MURRAY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against BARBARA A. MURRAY (“Respondent”), and says: 1, Petitioner is the state agency charged: with regulating the practice of cosmetology pursuant to Section 20.165, Florida Statute, and Chapters 455 and 477, Florida Statutes, and the rules promulgated thereto. 2. At all times material hereto, Respondent was a licensed Cosmetologist in the State of Florida, license number CL 223614. 3. At all times material hereto, Respondent was unlicensed in the State of Florida to operate a cosmetology salon. 4. Respondent’s address of record is 1895 Raymond Drive, St. Cloud, Florida 34772. 5. On or about May 6, 2005, Petitioner Inspector observed that Respondent was operating a salon at the OSCEOLA COUNTY FARMER’S MARKET. 6. At all times material hereto, Respondent was the owner and operator of the salon. 7. Complainant observed and took photographs of Respondent's salon, price list, workstation, and cosmetologist license. 8. During the investigation, Department of Business and Professional Regulation records revealed that Respondent was unlicensed in the State of Florida to operate a cosmetology establishment. 9. During the inspection, Department of Business and Professional Regulation records further revealed Respondent has a non-compliance history; specifically, Respondent was investigated for operating an unlicensed salon. (See Petitioner’s Citation #2005-028618, which is attached hereto and made a part hereof.) COUNT ONE 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine (9) as though fully set forth herein. 11. Section 477.0265(1)(b)(1), Florida Statutes, in pertinent part states that it is unlawful for any person to own or operate a salon “[w]hich is not licensed under the provisions of this chapter [Chapter 477].” 12. Based on the foregoing, Respondent violated Section 477.0265(1)(b)(1), Florida Statutes, by operating a salon without a cosmetology license, and is thereby subject to discipline pursuant to Sections 477.029(1)(h) and (2), Florida Statutes. COUNT TWO 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine (9) as though fully set forth herein. 14. Section 477.0265(1)(c), Florida Statutes, in pertinent part states that it is unlawful for any person to “[e]ngage in willful or repeated violations of this chapter or of any rule adopted by the board.” 15. Based on the foregoing, Respondent violated Section 477.0265(1)(c), Florida Statutes, by repeatedly operating a salon without a cosmetology 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 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_{S day of poplin, , 2005. ~~ — NED, ameron Dougherty Legal Intern Attorney for Petitioner: Cameron Dougherty Legal Intern Office of the General Counsel Department of Business and Professional Regulations 1940 North Monroe Street Phone: (850) 487-8435 Facsimile: (850) 414-6749 FIL lation CcCDid ‘ arimant p{ Business and Professional Regu July is, 2005 Part AGENCY CLERK Case # 2005-02943 1 a Aer pu @ +I CLERK Suan £. W DATE, as

Docket for Case No: 05-004101PL