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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs LES SCISSORS UNISEX SALON, 06-002330 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-002330 Visitors: 16
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: LES SCISSORS UNISEX SALON
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jun. 30, 2006
Status: Closed
Recommended Order on Tuesday, October 10, 2006.

Latest Update: Jan. 29, 2007
Summary: As to DOAH Case 06-2329PL, whether Ms. Calix violated the provisions of Section 477.0265(1), Florida Statutes (2005),2 by engaging in the practice of cosmetology without an active license as alleged in the subject Administrative Complaint. As to DOAH Case 06-2330, whether Les Scissors Unisex Salon (Les Scissors) violated Section 477.0265(1)(b)2., Florida Statutes, by permitting an unlicensed person (Ms. Calix) perform cosmetology services as alleged in the subject Administrative Complaint.Petiti
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STATE OF FLORIDA f= | I EP DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION? &= f=! COSMETOLOGY BOARD . 20h JUN 30 A Il: 2b DEPARTMENT OF BUSINESS AND AHN re 4 Thar PROFESSIONAL REGULATION, atte 4 VE Petitioner, VS Case No. 2006-007940 ~~ “LES SCISSORS UNISEX SALON>~—---—-— —- mene een see Respondent. / - ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against LES SCISSORS UNISEX SALON (“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 2135 West Flagler Street, Miami, Florida 33135. 3. At all times material hereto, Respondent was licensed in the State of Florida as a cosmetology salon, having been issued license CE 9961882. 4, On or about February 8, 2006, Petitioner’s inspector, Idelmis Delrio, conducted a routine inspection of Respondent salon, 5. During the inspection, Petitioner’s inspector observed DANIA R. CALIX performing a manicure on a client for seven dollars. 6. During the inspection, Department of Business and Professional Regulation records revealed that CALIX was unlicensed as a cosmetologist in the State of Florida. 7 Section 477.0265(1)(b)2, Florida Statutes, states in pertinent part that it is _ unlawful | for any person 1 to ‘ ‘[o]wn, operate, maintain, 1, Open, establish, conduct, or have charge of, either alone or with another person or persons, a cosmetology salon or specialty salon: in which a person not licensed or registered as a cosmetologist or a specialist is permitted to perform cosmetology services or any specialty.” 8. Based on the foregoing, Respondent violated Section 477.029(1)(i), Florida Statutes, by allowing CALIX to practice 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 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 /¥. ~day of May, 2006. etal kiatmmwnin —— eghe LT Orr SBN Department of Business and Professional Regulation hes) - iNet: AGENCY CLERK Charles F. Tunnicliff Chief Professions Attorney CLERK Stak 2. Work oy DATE 5-23 “200% _

Docket for Case No: 06-002330
Issue Date Proceedings
Jan. 29, 2007 Final Order filed.
Oct. 10, 2006 Recommended Order (hearing held August 8, 2006). CASE CLOSED.
Oct. 10, 2006 Recommended Order cover letter identifying the hearing record referred to the Agency.
Oct. 09, 2006 Order of Consolidation (DOAH Case Nos. 06-2329PL and 06-2330).
Oct. 02, 2006 Petitioner`s Proposed Recommended Order filed.
Sep. 20, 2006 Transcript filed.
Aug. 08, 2006 CASE STATUS: Hearing Held.
Aug. 03, 2006 Amended Notice of Hearing (hearing set for August 8, 2006; 10:30 a.m.; Miami, FL; amended as to time of hearing).
Aug. 01, 2006 Petitioner`s Exhibit List filed.
Aug. 01, 2006 Petitioner`s Witness List filed.
Jul. 12, 2006 Order of Pre-hearing Instructions.
Jul. 12, 2006 Notice of Hearing (hearing set for August 8, 2006; 1:00 p.m.; Miami, FL).
Jul. 11, 2006 Response to Initial Order filed.
Jun. 30, 2006 Election of Rights filed.
Jun. 30, 2006 Administrative Complaint filed.
Jun. 30, 2006 Agency referral filed.
Jun. 30, 2006 Initial Order.

Orders for Case No: 06-002330
Issue Date Document Summary
Jan. 26, 2007 Agency Final Order
Oct. 10, 2006 Recommended Order Petitioner failed to prove that Respondent engaged in the unlicensed practice of cosmology.
Source:  Florida - Division of Administrative Hearings

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