Dec 4 2009 14:05 12/63/2689 88:48 8584146749 DEPR OGA PAGE 4/11 FILED ve . Dapartmant, of Burinots ae Professional Rapulation 7 Deputy Agenoy Clerk TLERK Brandon Nichols Dnte 3/27/2009 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION COSMETOLOGY BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ' Petitioner, v. Case No. 2008-042891 NICOLE M. SCOTT, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against NICOLE M. SCOTT (“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 1994 Southwest gate Terrace, Miramar, Florida 33025. 3. At all times material hereto, Respondent was not duly licensed in the State of Florida to practice cosmetology. 4, On July 8, 2008, Respondent provided cosmetology servicas to Kristy Lynn Picornell (“Picornell”) at the Mercedes GADGC\Professions Hoards\Cosmetology\ACMLeChea Parson's Law Clerks\Cheei-ann Granston\geott, Nicole 2008-04289 NAC. doe Dec 4 2009 14:05 12/ag/28e89 8a:4e 8584146749 DEPR OGA PAGE 5/11 Place Unisex salon located at 32 Northwest 167°" street, Miami, Florida. 5. Respondent applied hair coler and extensions to Picornell’s hair. 6. Picornell paid Respondent $958 for the casmetology services provided, j. 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 af cosmetologist or registration as a specialist issued by the department pursuant to the provisions of this chapter.” 8. Based on the foregoing, Respondent violated Section 477.0265(1) (a), Florida Statutes, by providing cosmetology services to Kristy Lynn Picornell without a cosmetology license. WHEREFORE, Petitioner respectfully requests the Beard 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 Marcy , 2009. GAOGC\Professions Boards\Cosmetology\AC\LoChea Parson's Law Clerks\Cheri-ann Granston\Seotl, Nicole 2008-04289 1\AC.doc 2 Dec 4 2009 14:06 12/ag/28e89 8a:4e 8584146749 DEPR OGA PAGE 46/11 CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation Wyo. Lefhea Parson Assistant General Counsel Florida Bar No. 0016869 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 410-1537 Telephone (850) 414-6749 Facsimile By: PCP Date: 3ln los £ PCP Members: LP/cag GAOGC\Professions Boards\Cnsmetology\AC\LeChea Parson's Law Clerks\Cheti-ann Granston\Scott, Nicole 2008-04289 1\AC doc 3 Dec 4 2009 12/ag/28e89 8a:4e 8584146749 DEPR OGA PAGE 7/11 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, ox the Department when there is no Board, may assess cests related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. GAOGC\Professions Boards\Cosmetology\AC\LeChea Parson's Law Clerks\Cherl-ann Granston\Scott, Nicole 2008-04289 )\AC doc 4

Docket for Case No: 09-006625