Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BARBER`S BOARD
Respondent: ELISABET HERNANDEZ AND MASTERS BARBERSHOP
Judges: STUART M. LERNER
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Jul. 09, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 9, 2010.
Latest Update: Dec. 23, 2024
Jul 9 2010 10:09
arfa@e/28le @d:4g 8584146749 DEPR OGA PAGE 83/88
FILED
Department of Business and Professional Repulation
Deputy Agency Clerk
LEAK Brandon Niehals
Dae = 4211/2009
STATE OF FLORIDA a
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BARBERS’ BOARD
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vs. Case No. 2008-023993
2009-023987
MASTERS BARBER SHOP and
ELISABET HERNANDEZ
Respondents.
ADMINISTRATIVE COMPLAINT
Petitioner, Department of Business & Professional
Regulation (“Department”), files this Administrative Complaint
before the Barbers’ Board, against MASTERS BARBER SHOP and
ELISABET HERNANDEZ (“Respondents”), and says:
1. Petitioner is the state agency charged with regulating
the practice of barbering pursuant to Section 20.165, Florida
Statutes, and Chapters 455 and 476, Florida Statutes, and the
rules promulgated thereto.
2. Respondents’ addresses of record are: 260 Royal Palm
Beach Blvd, West Palm Beach, FL 33411 and 6674 Duval Ave, West
Palm Beach, FL 33411.
Document io Unnamed
Jul 9 2010 10:09
arfa@e/28le @d:4g 8584146749 DEPR OGA PAGE @4/ae
3. At all times material hereto, Respondents were
licensed as a Barber and a Barbershop in the State of Florida,
with license numbers BR 319 and BS 1077501, respectively.
4. On April 28, 2009, Petitioner’s inspector conducted an
inspection of Respondent barbershop located at 260 Royal Palm
Beach Blvd, West Palm Beach, FL 33411,
5. During the inspection, Petitioner’s inspector observed
THOMAS LEON-RIVERA performing barber services without a valid
license.
6, Additionally, Respondents committed three (3)
sanitation violations.
74 Further, Respondents have a history of permitting
unlicensed barbering activity: cases # 2006-047194, 2006-047197,
2006-047198, and 2006-047202,
COUNT ONE
a. Petitioner re-alleges and incorporates the allegations
set forth in paragraph ome (1) through seven (7) as though fully
set forth herein.
9. Section 476.204(1) (1), Florida Statutes, makes it
unlawful for any person to “[v]iolate or refuse to comply with
any provision of this chapter or chapter 455 or a rule or final
order of the board.”
10. Based on the foregoing, Respondents violated Section
A76.,204 (1) (i), Florida Statutes, by committing three (3)
Document in Unnamed
Jul 9 2010 10:09
arfa@e/28le @d:4g 8584146749 DEPR OGA PAGE @5/@8
sanitation violations: 6163 - 19.011(9), Florida Administrative
Code, for not sanitizing combs/brushes or other barbering tools
after each patron; 61G3-19.011(d), Florida Administrative Code,
for not storing all cleansed/sanitized equipment in clean and
Closed cabinets or containers; and 6163-19.011(15), Florida
Administrative Code, for not keeping workstations clean to sight
and touch.
COUNT TWO
lil. Petitioner re-alleges and incorporates the allegations
set forth in paragraph one (1) through seven (7) as though fully
set forth herein,
12. Seetion 476.194(1)(b), Flerida Statutes, makes it
unlawful for any person to “engage in willful or repeated
violations of this act or of any of the rules adopted by the
board.”
13. Based on the foregoing, Respondents violated Section
476,194(1) (6b), Florida Statutes, considering the history of
permitting unlicensed barbering activity: cases # 2006-047194,
2006-047197, 2006-047198, and 2006-047202.
COUNT THREE
14. Petitioner re-alleges and incorporates the allegations
set forth in paragraph one (1) through seven (7) as though fully
set forth herein.
Doctumant in Unnaried
Jul 9 2010 10:09
arfa@e/28le @d:4g 8584146749 DEPR OGA PAGE 86/88
15. Section 476.194(1) (b), Florida Statutes, makes it
unlawful for any person to, “hire or amploy any person to engage
in the practice of barbering unless such person holds a valid
license as a barber.”
16. Based on the foregoing, Respondents violated Section
476.194(1)(c), Florida Statutes, by permitting THOMAS LEON-
RIVERA to practice barbering without valid licenses.
WHEREFORE, Petitioner respectfully requests the Barbers’
Board enter a Final Order imposing one or more of the following
penalties: imposition of an administrative fine, revocation or
suspension of the Respondents’ licenses, issuance of a
reprimand, placement of the Respondents on probation,
restriction of Respondents’ practice, and or any other relief
which the Board deems appropriate.
SIGNED this lst day of December , 2009.
CHARLES W. DRAGO, Secretary
Department of Business and
Professional Regulation
By: Jason White
Jason White
Assistant General Counsel
Florida Bar No. 0048451
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
Document in Unnamed
Jul 9 2010 10:09
a7/@e/2616 a4:49 8584146749 DEPR OGA PAGE 87/88
PCP date: 12/1/2009
PCP members: aw
JW /imv
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 hig 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, or the Department when there is no Board, may assess
costs 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.
Document in Unnamed
Docket for Case No: 10-004983
Issue Date |
Proceedings |
Sep. 09, 2010 |
Order Closing File. CASE CLOSED.
|
Sep. 08, 2010 |
Motion to Relinquish Jurisdiction filed.
|
Jul. 19, 2010 |
Order Concerning Hearing Exhibits, Witnessess, and Dispute Resolution.
|
Jul. 19, 2010 |
Notice of Hearing by Video Teleconference (hearing set for September 14, 2010; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Jul. 15, 2010 |
Petitioner's Notice of Compliance with Court's Initial Order filed.
|
Jul. 09, 2010 |
Election of Rights filed.
|
Jul. 09, 2010 |
Administrative Complaint filed.
|
Jul. 09, 2010 |
Agency referral filed.
|
Jul. 09, 2010 |
Initial Order.
|