STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION‘ COSMETOLOGY BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. ; Case No. 2005-064960 Ry “VAD GS , FESAL K SARI, (le: JTATPL Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against FESAL K SARI (“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 licensed as a Cosmetologist in the State of Florida, having been issued license CL 217947 and the owner of THE HAIR SPOT INC, having been issued license CE 70483. 3. Respondent’s address of record is 16601 Southwest 102 Avenue, Miami, Florida 33157. 4, On or about December 14, 2005, Petitioner’s inspector, Idelmis Delrio, conducted a routine inspection THE HAIR SPOT INC. EXHIBIT A 5. During the inspection, Petitioner's inspector observed that the most recent inspection sheet was not displayed within view of the front entrance of the salon. ) 6. Rule 61G5-20.004(1)(b), Florida Administrative Code, provides that “(alll holders of a cosmetology or specialty salon license shall display within their salons in a conspicuous place which is clearly visible to the general public upon entering the salon the following documents: a legible copy of the most recent inspection sheet for the salon.” 7. During the inspection, Petitioner’s inspector observed that all cosmetology licenses were not displayed at the workstations with proper photo graphs attached. 8. Rule 61G5-20,004(2), Florida Administrative Code, provides in pertinent part that all salons shall require all persons engaged in the practice of cosmetology or any specialty “display at the individual’s work station their current license or registration at all times when the individual is performing cosmetology, specialty, hair braiding, hair wrapping, or body wrapping services. A photograph of the individual whose name appears on the displayed license or registration certificate, which is approximately 2” by 2” and less than two years old, shall be permanently attached or affixed to all displayed licenses and registration certificates.” 9. During the inspection, Petitioner's inspector observed that the salon was dirty. 10. Rule 61G5-20.002(1)(c)1, Florida Administrative Code, provides that “Tt}he walls, ceilings, furniture and equipment shall be kept clean and free from dust. Hair must not be allowed to accumulate on the floor of the salon” 11. During the inspection, Petitioner's inspector observed that the lavatory facilities were not well maintained. 12. . Rule 61G5-20.002(1)(c)2, Florida Administrative Code, provides that each salon shall maintain adequate lavatory facilities, which shall include “at least one toilet and one sink with running water. Such facilities shall be equipped with toilet tissue, soap dispenser with soap or other hand cleaning material, sanitary towels or other hand-drying device such as a wall- mounted electric blow dryer, and waste receptacle.” 13. During the inspection, Petitioner’s inspector observed that all cleaned items were not stored separately from dirty items. 14. ‘Rule 61G5-20.002(2)(e), Florida Administrative Code, provides that “[a]fter cleaning and disinfecting, articles shall be stored in a clean, closed cabinet or container until used. Undisinfected articles such as pens, pencils, money, paper, mail, etc. shall not be kept in the same container or cabinet.” 15. Section 477.029(1)(i); Florida Statutes, provides that it is unlawful for any person to “[v]iolate or refuse to comply with any provision of [Chapter 477] or Chapter 455 or a rule or final order of the Board or the Department.” 16. Based on the foregoing, Respondent violated Section 477.029(1}{i), Florida Statutes, by not properly displaying the most recent inspection sheet, not properly displaying licenses at workstations, not properly maintaining the cleanliness of the salon, not properly maintaining the lavatory facilities, and by not properly storing sanitized items, 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 sey of Cpas , 2006. C ea be Desert. ° Charles Tunnicliff Chief Professions Attorney Attorney for Petitioner: E | | Charles Tunnicliff ‘ ; canal Regulation Chief Professions Attorney Department of Business and or Office of the General Counsel AGENCY CLER' Department of Business and Professional Regulations 1940 North Monroe Street Suite 42 . CLERK ous wh ?. (J A oy Tallahassee, Florida 32399-2202 Phone: (850) 487-9656 oare A 1 Z200l¢ Facsimile: (850) 414-6749 CFT /tah Case # 2005-064960 pe Chg ¢- Ye OG

Docket for Case No: 06-002739PL