Dec 10 2008 13:14 12/18/2888 14:11 s584146749 DEPR OGA PAGE 18/34 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF COSMETOLOGY DEPARTMENT: OF - BUSINESS: AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2008-014718 BOLY SALL, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Business and Professional Regulation (“Department”), files this Administrative Complaint before the Board of Cosmetology against Boly Sall (“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 last known address of record was 11134 Indian Oaks Drive, Tampa, Florida 33625. 3. At all times material hereto, Respondent was licensed aS a hair braider in the State of Florida, with license number HB 1080. GAOGO Professions Boards\CosmstologvAC\RMW\Sall, Boly 2008-014718 .0265(1)(a) 455.227(1)(o)\AmendedAC.doc i Dec 10 2008 13:15 fad 12/18/2888 14:11 S584146749 DEPR OGA PAGE 19 — i 4. At all times material hereto, Respondent was not licensed as a cosmetologist in the State of Florida. 5. On or about February 22, 2008, Petitioner’s: inspector conducted an inspection of Motherland Hair Braiding located at 2249 34*" Street South, St. Petersburg, Florida 33711. 6. During the inspection, Petitioner’s inspector observed Respondent adding a natural or artificial substance, similar in appearance to hair, to a customer’s natural hair, thereby eatending the customer’s hair. 7. Section 477.013 (4), Florida Statutes, states: “‘Cosmetology’ means the mechanical or chemical treatment of the head, face, and scalp for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair arranging, hair coloring, permanent waving, and hair relaxing for compensation. This term also includes performing hair removal, including wax treatments, manicures, pedicures, and skin care services.” 8. Section 477.013(9}, Florida Statutes, states: “'Hair braiding’ means the weaving or interweaving of natural human hair for compensation without cutting, coloring, permanent waving, relaxing, xemoving, or chemical treatment and does not include the use of hair extensions or wefts.” GAOGC Professions Boarde\Cosmetology\AC\RMW\Sall, Boly 2008-14718 -0265(1 Xa) 455.227(1)(o)\AmendedAC.doc 2 Dec 10 2008 13:15 12/le/28ee 14:11 8584146749 DEPR OGA PAGE 28/34 9. A search of Department records has revealed that Respondent has a nen-compliance history (see DBPR case numbers 2006- 057675, 2006+057742; 2007-049076}. COUNT JT 10. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through nine (9) as though fully set forth herein. lL. Section 477.0265(1) (a), Florida Statutes, states that it is unlawful for any person to “engage in the practice of cosmetology or a specialty without an active license as a cosmetologist or registration as a specialist issued by the department pursuant to the provisions of this chapter.” 12. Based on the foregoing, Respondent violated Section 477,0265(1) (a), Florida Statutes, by practicing cosmetology without a license and is thereby subject to discipline pursuant to Sections 477.029(1) th) and (2), Florida Statutes. COUNT II 13. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through nine (9) as though fully set forth herein, 14, Section 455.227 (1) (0), Florida Statutes, states: “Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities GAOGC Professions Boards\Cosmetology\ACKRMW\Sall, Boly 2008-01471 8 .0265(1)(a) 455.227¢1)(o)\AAmendedAC.doe 3 Dec 10 2008 13:15 PAGE 21/34 12/le/28ee 14:11 8584146749 DEPR OGA the licensee knows, or has reason to know, the licensee is. not competent to perform.” 15. . Based -on -the foregoing, Respondent ' violated Section 455.227(1) (0), Florida Statutes, by practicing outside the scope of a hair braider license, and is thereby subject to discipline Pursuant to Sections 477.029(1)(h) and (2), Florida Statutes. COUNT TIT 16. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through nine (9) as though fully set forth herein, 17. Section 477,0265(1) (c), Florida Statutes, states that it is unlawful to “fej]ngage in willful or repeated violations of this chapter or of any rule adopted by the board.” 18. Based on the foregoing, Respondent violated Section 477.0265(1) (c), Florida Statutes, by repeatedly committing violations (see. DBPR case number 2006-057675, 2006~-057742, 2007- 049076), 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 ai reprimand, placement of the Respondent on probation, GAOGC\Profeesions Boards\Cosmetoiogy\AC\RMW\ gall, Boly 2008-014718 .0265(1\a) 488.227(1)(o)\AmendedAC.doe 4 Dec 10 2008 13:15 PAGE 22/34 12/le/28ee 14:11 8584146749 DEPR OGA restriction of Respondent's practice, and or any other relief which the Board deems appropriate. SIGNED this V4, of Mivember. , 2008. XY frances Do te, Philip #rancis Monte, III Assistant General Counsel Fla. Bar No.: 580406 Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2702 Telephone: (850) 488-0062 Facsimile: (850). 414-6749 PEM/ xmw GAOGC Professions Boards\Cosmetolagy\AC\RM WiSail, Boly 2008-014718 .0265(1 (a) 455,227(1)(o)\AmendedAC.doc 5

Docket for Case No: 08-006183PL