STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION?) f= COSMETOLOGY BOARD BE Gems Ho 200 WE 18 A le 54 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, , fr Mt ; 4 ON F ADMINISTRATIVE Petitioner, HEARINGS vs. Case No. 2006-007739 VOGUE SALON, () ly . AO a Respondent. / ADMINISTRATIVE COMPLAINT. Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against VOGUE SALON (“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 Cosmetology Establishment in the State of Florida, having been issued license CE 81095. 3. Respondent's address of record is 2811 Penn Avenue, Marianna, Florida 32448. 4. On or about February 10, 2006, Petitioner’s inspector, Jami McClellan, conducted an inspection of Respondent salon. 5. During the inspection, Petitioner’s inspector observed that Respondent salon was open and conducting business. 6. During the inspection, Petitioner’s inspector observed that the Respondent salon was operating with an expired license. 7. Section 477.0265(1)(b)(1), Florida Statutes, states in pertinent part that “it is unlawful for any person to own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a cosmetology salon which is not licensed under the provisions of this chapter.” 8. During the inspection, Petitioner's inspector observed that the Respondent salon’s license was not properly displayed at the front of the salon. 9. Rule 61G5-20.004(1)(a), Florida Administrative Code, states in pertinent part that. | “all 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: the current salon license.” 10. During the inspection, Petitioner’s inspector observed that piles of hair had accumulated on the floor of Respondent salon. 11. Rule 61G5-20.002(1)(c)(1), Florida Administrative Code, states in pertinent part that “[hJair must not be allowed to accumulate on the floor of the salon. Hair must be deposited in a closed container.” 12. During the inspection, Petitioner’s inspector observed that Respondent salon did not have EPA approved tuberculocidal disinfectant in the salon. 13. Rule 61G5-20.002(2)(d), Florida Administrative Code, provides that each salon “shall be equipped with and utilize wet sanitizers with hospital level disinfectant or EPA approved disinfectant.” 14. During the inspection, Petitioner’s inspector observed that dirty hair cutting implements were stored with clean hair cutting implements. 15, Rule 61G5-20.002(2)(e), Florida Administrative Code, states in pertinent part that “lalfter 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.” 16. 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.” COUNT ONE 17. Petitioner re-alleges and incorporates paragraphs one through sixteen (16) as though fully set forth herein. 18. Section 477,0265(1)(b)(1), Florida Statutes, states in pertinent part that “‘it is unlawful for any person to own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a cosmetology salon which is not licensed under the provisions of this chapter.” 19, Based on the forgoing, Respondent violated Section 477.0265(1)(b)(1), Florida Statutes, by operating a salon without a valid license, and is thereby subject to discipline pursuant to Sections 477.029(1)(h) and (2), Florida Statutes. COUNT TWO 20. Petitioner re-alleges and incorporates paragraphs one through sixteen (16) as though fully set forth herein. 21. 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.” 22, Based on the forgoing, Respondent violated Section 477.029(1)(i), Florida Statutes, by not properly displaying a valid cosmetology license, and is thereby subject to discipline pursuant to Sections 477.029(1)(h) and (2), Florida Statutes. COUNT THREE 23. Petitioner re-alleges and incorporates paragraphs one through sixteen (16) as though fully set forth herein. 24, 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.” 25. Based on the forgoing, Respondent violated Section 477.029(1)(i), Florida Statutes, by leaving piles of hair on the floor, not having an EPA approved tuberculocidal disinfectant, and by mixing clean and dirty implements together, 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. jon SIGNED this Cony acd hey , 2006. ONY “- a professional Regulati F | pepartment of Business TN os epK — fy» - ° nen Cbaeg 7 Lexrchyp Charles F, Tunnicliff os nwa ' Chief Professions Attorney CLERK Seal soOw sate B ke? Attorney for Petitioner: Charles F. Tunnicliff Chief Professions Attomey Office of the General Counsel Department of Business and Professional Regulations 1940 North Monroe Street Suite 42 Tallahassee, Florida 32399-2202 Phone: (850) 487-9656 Facsimile: (850) 414-6749 CFT/jjc Case # 2006-007739 fe aFT 7-16-06

Docket for Case No: 06-003031