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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs SOUTHLAND BARBER SHOP, 06-000135 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000135 Visitors: 9
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: SOUTHLAND BARBER SHOP
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Jan. 11, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 7, 2006.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, . BARBERS' BOARD om t, ~ G DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2005-024353 Ob-O| as SOUTHLAND BARBER SHOP, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION _ ("Department"), files this Administrative Complaint before the Barbers’ Board, against SOUTHLAND BARBER SHOP ("Respondent"), and says: 1. 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 rules promulgated thereto. 2. Respondent's address of record is 983 State Road 84, Fort Lauderdale, Florida 33152. 3. At all times pertinent, Respondent is currently licensed as a Barbershop in the State of Florida, with license number BS 9884. 4, On or about April 25, 2005, Petitioner Inspector, Cheryl McDonnough, conducted a routine inspection of Respondent barbershop. 5. During the inspection, Petitioner ‘Inspector observed only one (1) sink and four (4) barber chairs. 6. Rule 61G3-19.011(6), Florida Administrative Code, in pertinent part states that “[t]he barber shop must have one sink for each two barber chairs and such sink shall be installed in the most convenient place for the chairs. All such sinks must be adequate for the shampooing of hair.” 7. During the inspection, Petitioner Inspector observed an accumulation of hair in the workstation drawers and on the stored barbering tools. 8. Rule 61G3-19.011(15), Florida Administrative Code, in pertinent part states that “[s]tyling stations, styling bars, back bars, dresserettes, or working stations must be kept clean at all times to the sight and touch. All drawers and shelves of the above being used for the storage of rollers, brushes, combs, pins, nets, and equipment must have proper sanitation, and shall not be used for storage of nonrelated barbering equipment or supplies.” 9. During the inspection, Petitioner Inspector observed that unsanitized items were stored in drawers with clean items. 10. Rule 61G3-19.011(11)(d), Florida Administrative Code, in pertinent part states that all barbering tools used shall be free from hair, cleansed and “[tJhe razor, scissors, tweezers, combs, rubber discs or parts of vibrators shall then be placed and kept in a clean, closed cabinet or container until next ready for use. Storage in an ultraviolet ray sanitizing cabinet is preferred.” 11. Section 476.204(1)q), Florida Statutes, states that it is unlawful for any person to “[vjiolate or refuse to comply with any provision of this chapter or chapter 455 or a rule or final order of the board.” 12. Based on the foregoing, Respondent violated Section 476.204(1)(), Florida Statutes, by not having the proper sink to chair ration, by having an accumulations of hair in the workstation drawers and on stored barbering tools, and by storing unsanitized items with sanitized items, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to section 476.204(2). 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 for a period of time and subject to such reasonable conditions as the Board may specify, and or any other relief which the Board deems appropriate. SIGNED this 29 say of Qoclen ber , 2005. Onn DLR Cameron Dougherty Legal Intern -~FELED a Napariment of Business and Professional Regulation Attorney for Petitioner: - +. AGENCY CLERK Cameron Dougherty Legal Intern Office of the General Counsel Department of Business and Professional Regulations CLERK Su ra . (J ay er ay 1940 North Monroe Street i] - / -20 oO om Phone: (850) 487-8435 vate_l@ “/ (200) Facsimile: (850) 414-6749 CCD/dag September 16, 2005 Case Number: 2005-024353 PCO GET G-2S -05

Docket for Case No: 06-000135
Issue Date Proceedings
Jul. 07, 2006 CASE STATUS: Hearing Held.
Jul. 07, 2006 Order Closing File. CASE CLOSED.
Jul. 05, 2006 Order Allowing Matt Yeager to Appear as a Qualified Representative on Behalf of Petitioner.
Jun. 29, 2006 Affidavit of Matt Yeager filed.
Jun. 29, 2006 Petitioner`s Motion to Accept Qualified Representative filed.
Jun. 28, 2006 Petitioner`s Witness List filed.
Jun. 28, 2006 Petitioner`s Exhibit List filed.
May 19, 2006 Order Re-scheduling Hearing by Video Teleconference (video hearing set for Juy 7, 2006; 9:00 a.m.; Lauderdale, Lakes and Tallahassee, FL).
May 17, 2006 Response to Order Granting Continuance filed.
Mar. 20, 2006 Dates of Availability filed by Respondent.
Mar. 15, 2006 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by April 14, 2006).
Mar. 14, 2006 Petitioner`s Motion for Continuance filed.
Mar. 10, 2006 Petitioner`s Witness List filed.
Jan. 23, 2006 Notice of Hearing by Video Teleconference (video hearing set for March 15, 2006; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Jan. 18, 2006 Response to Initial Order filed by Petitioner.
Jan. 13, 2006 Response to Initial Order filed.
Jan. 11, 2006 Initial Order.
Jan. 11, 2006 Administrative Complaint filed.
Jan. 11, 2006 Election of Rights filed.
Jan. 11, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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