Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: CUT IT UP, INC.
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Mar. 22, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 25, 2006.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA Ny
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION) Dy
COSMETOLOGY BOARD lige
OILS
. “in, Pili
“tes 1,
DEPARTMENT OF BUSINESS AND “PL
PROFESSIONAL REGULATION,
Petitioner,
vs. Case No. 2004-055387
. er
CUT IT UP INC., Ole )/0>
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION (“Department”), files this Administrative Complaint before the Board of
Cosmetology, against CUT IT UP INC. (“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 7580 NW 186" Street, Suite 101+104,
Miami Lakes, Florida 33015.
3. At all times material hereto, Respondent was a licensed Cosmetology
Establishment in the State of Florida, license number CE 9954563.
4. On or about November 9, 2005, Petitioner’s inspector, Garry Joinville,
conducted an inspection of Respondent salon.
EXHIBIT A
5. During the inspection, Petitioner's inspector observed all of the
workstations occupied and clients being serviced. When Petitioner’s inspector identified
himself to the receptionist, three (3) of the individuals performing cosmetology services
to customers walked out the back of the establishment.
6. During the inspection, the owner of the establishment provided the names
and addresses of the three (3) individuals who left.
7. The three named individuals are:
a, JUAN COELLO, 4940 NW 183” Street, Miami, Florida 33055
b. MAXIMO MARTINEZ, 5875 West 72"! Street, Hialeah, Florida
33012
c. JEROME HENDERSON, address unavailable.
8. During the investigation, Department records revealed that. JUAN
COELLO, MAXIMO MARTINEZ, and JEROME HENDERSON are not licensed to
practice Cosmetology in the State of Florida.
9. Section 477.0265(1)(b)2, Florida Statutes, in pertinent part states that it is
unlawful to own or operate, a cosmetology salon or specialty salon “fijn which a person
not licensed or registered as a cosmetologist or a specialist is permitted to perform
cosmetology services or any specialty.”
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)(2), Florida Statutes, in pertinent part states that it
is unlawful to Own, operate, maintain, open, establish, conduct, or have charge of, either
alone or with another person or persons, a cosmetology salon or specialty salon “[ijn
which a person not licensed or registered as a cosmetologist or a specialist is permitted to
perform cosmetology services or any specialty.”
12, Based on the foregoing, Respondent violated Section 477.0265(1)(b)(2),
Florida Statutes, by permitting an unlicensed person, JUAN COELLO, to practice
cosmetology 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)(b)(2), Florida Statutes, in pertinent part states that it
is unlawful to Own, operate, maintain, open, establish, conduct, or have charge of, either
alone or with another person or persons, a cosmetology salon or specialty salon “[iJn
which a person not licensed or registered as a cosmetologist or a specialist is permitted to
perform cosmetology services or any specialty.”
15. Based on the foregoing, Respondent violated Section 477.0265(1)(b)(2),
Florida Statutes, by permitting an unlicensed person, MAXIMO MARTINEZ, to practice
cosmetology without a cosmetology license, and is thereby subject to discipline pursuant
to sections 477.029(1)(h) and (2), Florida Statutes.
COUNT THREE
16. Petitioner realleges and incorporates the allegations set forth in paragraphs
one through nine (9) as though fully set forth herein.
17.‘ Section 477.0265(1)(b)(2), Florida Statutes, in pertinent part states that it
is unlawful to Own, operate, maintain, open, establish, conduct, or have charge of, either
alone or with another person or persons, a cosmetology salon or specialty salon “[i]n
which a person not licensed or registered as a cosmetologist or a specialist is permitted to
perform cosmetology services or any specialty.”
18. Based on the foregoing, Respondent violated Section 477.0265(1)(b)(2),
Florida Statutes, by permitting an unlicensed person, JEROME HENDERSON, to
practice cosmetology 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 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 7" day of ams, 2006,
FIL -
i lation
Department of Business and Professional Regu! )
epal AGENCY CLERK ( vyneem at
CLERK
ware 1718 20C%
Cameron Dougherty
Legal Intern
datenkene-
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
CCD/dag
December 7, 2005
Case # 2004-055387
POP: | fu[dle CFT
Docket for Case No: 06-001032
Issue Date |
Proceedings |
May 25, 2006 |
Order Closing File. CASE CLOSED.
|
May 24, 2006 |
Petitioner`s Motion for Voluntary Dismissal of Charges and Cancellation of Hearing filed.
|
May 17, 2006 |
Amended Notice of Video Teleconference (hearing scheduled for May 26, 2006; 9:00 a.m.; Miami and Tallahassee, FL; amended as to Location of Tallahassee Site).
|
May 12, 2006 |
Petitioner`s Witness List filed.
|
May 12, 2006 |
Petitioner`s Exhibit List filed.
|
Apr. 17, 2006 |
Undeliverable envelope returned from the Post Office.
|
Apr. 17, 2006 |
Undeliverable envelope returned from the Post Office.
|
Apr. 04, 2006 |
Notice of Hearing by Video Teleconference (video hearing set for May 26, 2006; 9:00 a.m.; Miami and Tallahassee, FL).
|
Apr. 04, 2006 |
Undeliverable envelope returned from the Post Office.
|
Mar. 29, 2006 |
Response to Initial Order filed.
|
Mar. 22, 2006 |
Initial Order.
|
Mar. 22, 2006 |
Administrative Complaint filed.
|
Mar. 22, 2006 |
Election of Rights filed.
|
Mar. 22, 2006 |
Agency referral filed.
|