Findings Of Fact Respondent held a salon registration certificate at the time of this violation. The salon certificate of registration was not displayed inasmuch as the certificate was for a salon from which Respondent had moved and Respondent had not secured a certificate for the salon in which she was operating. Respondent has secured a certificate of registration to operate the beauty salon in which she is not operating. The Notice to appear, Complaint, and receipt for certified mail was entered into evidence as Composite Exhibit 1 without objection.
Recommendation Suspend the certificate of registration of the Respondent for a period of thirty (30) days or less. August 29, 1975 (date) Delphine C. Strickland Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302 Ms. Artie Leigh Mitchell 427 Roosevelt Avenue Merritt Island, Florida Ms. Bertha Stockton 1717-16th Street, South St. Petersburg, Florida 33712 Ms. Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087 Winter Haven, Florida 33880 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA FLORIDA STATE BOARD OF COSMETOLOGY STATE BOARD OF COSMETOLOGY, Complaintant, vs. CASE NO. 75-1013 BERTHA STOCKTON, Respondent. /
The Issue Whether the license of Respondent should be revoked, annulled, suspended or withdrawn for violating the statutes and rules pertaining to cosmetologists by operating a salon at her home without a Florida salon license.
Findings Of Fact The Respondent filed an election of remedies and plead "the facts as alleged are true but do not constitute a violation of law." The Respondent had established a beauty salon in her home prior to March 8, 1974 but was unable to receive a zoning variance to allow her to operate the salon. She was cited by Petitioner for operating a salon without a license which citation is the subject of this hearing. The Respondent is no longer operating a salon in her home and is now a duly licensed cosmetologist practicing in a licensed cosmetology salon. She has been so employed since 1974 and has complied with the laws, rules and regulations since that date.
Recommendation Send a letter of reprimand to Respondent for failure to abide by the statute and rules governing cosmetologists. DONE and ORDERED this 17th day of August, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Clifford L. Davis, Esquire LaFace & Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 Ursula Weber 9256 Martinique Drive Miami, Florida 33157
The Issue Respondent's alleged violation of Rule 21f-3.10, Florida Administrative Code. Receipt of the Administrative Complaint and the Notice of Hearing was acknowledged by the Respondent. (Exhibit 1) Counsel for the Petitioner announced at the commencement of the hearing that Respondent's cosmetology salon was out of business and that said Respondent possessed no personal Certificate of Registration as a cosmetologist. Petitioner therefore interposed no objection to dismissal of the allegation.
Recommendation That the allegation against Respondent be dismissed. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida Larry C. Wojtowicz c/o Nancy's Beauty Salon 2931 West Gate Avenue West Palm Beach, Florida
Findings Of Fact Respondent pleaded nolo contendere on the election of remedies furnished by the Petitioner; however, Respondent Dannie Richardson appeared in proper person at this hearing. As the result of a normal inspection trip by the State Board of Cosmetology's beauty salon inspector Ardie Smiley Collins found the Respondent Mrs. Richardson draping a patron for service in a non licensed beauty salon. The beauty salon did not have a proper sign as required by the rules and regulations of the State Board of Cosmetology. Subsequent to the inspection noted in Findings of Fact Number 2, Respondent Richardson secured and now holds a personal license number 0051868 and also holds a salon license number 21957. The administrative complaint filed by the Board notified the Respondent that the Board seeks to revoke, annul, suspend or withdraw the personal and salon license of Dannie Richardson. However, at the hearing a representative of the Board suggested that inasmuch as the offense of Respondent was a first offense, that in the opinion of the inspector a letter of reprimand would be sufficient to satisfy the objectives of the statutes, rules and regulations of the Board.
Recommendation Dismiss the present complaint and warn Respondent that a violation of the state laws and regulations governing cosmetologists could jeopardize her personal and salon license. DONE and ORDERED this 19th day of August, 1976, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald C. Laface, Esquire 101 East College Avenue Tallahassee, Florida Dannie Richardson 319 S. Childs Street Leesburg, Florida
Findings Of Fact Based upon the record evidence, the following Findings of Fact are made: Respondent is now, and has been at all times material to the instant case, a State of Florida-licensed cosmetologist (license number CL 0127356) and the owner and operator of Marie's Beauty Salon, a State of Florida-licensed cosmetology salon (license number CE 0040980) located in Fort Lauderdale. Leonard Baldwin is an inspector with the Department. Baldwin has conducted various inspections of Marie's Beauty Salon. His last inspection was conducted on April 24, 1992. 2/ Nancy Victor is not now, nor has she ever been, licensed to practice cosmetology, or any specialty area thereof, in the State of Florida. Victor was hired by Respondent to work as a shampooist in Respondent's salon. Her first day of work was April 24, 1992. At around noon on that day the mother of a young customer walked into the salon to pick up her daughter. The daughter, however, was not ready to leave. She still had rollers in her hair. The mother was in a hurry. She approached Victor and asked her to remove the rollers from her daughter's hair. Victor obliged the mother and began removing the rollers. Respondent, who was working on the hair of a customer seated in the chair next to the one in which the daughter was seated, overheard the discussion between the mother and Victor. Respondent was aware that it was unlawful for a person to practice cosmetology in the State of Florida without a license. Furthermore, she knew that Victor did not have a license to practice cosmetology in this state. Nonetheless, inasmuch as she was busy with another customer and Victor did not have any shampooing that she needed to do, Respondent allowed Victor to remove the rollers from the daughter's hair. As Victor was removing the roller's from the daughter's hair, Baldwin entered the salon to conduct a routine inspection. When Respondent saw Baldwin, she instructed Victor to stop what she was doing and leave the area. Victor did what she was told and went to the rear of the salon. Respondent then went over to the daughter and finished removing the rollers from her hair.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Board of Cosmetology enter a final order finding that Respondent violated Section 477.029(1)(c), Florida Statutes, as alleged in the Administrative Complaint, and fining her $75.00 for having committed said violation. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 15th day of September, 1992. STUART M. LERNER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of September, 1992.
The Issue Whether the Respondent did violate Section 477.02(6); 477.27(1) and Section 477.15(8), Florida Statutes, and the rules and regulations of the State Board of Cosmetology promulgated pursuant there to in that he did allow students to work in the La Marick Beauty Salon, a salon owned by licensee, prior to making application and/or renewing an application for such work from the Board of Cosmetology.
Findings Of Fact Respondent F. W. Lorick, Jr. received notice of this hearing and filed his election of remedies stating no contest and that he did not plan to attend this hearing. Respondent does not personally work in the La Marick Beauty Salon, therefore employs a manager to manage the salon although it is licensed in the company's name. The company of which Respondent is president is one of a chain of beauty salons. Mrs. Madge Edwards, inspector for the State Board of Cosmetology, on or about February 24, 1976 entered Respondent Lorick's beauty salon and found a student working as a cosmetologist. The student was a non-licensed person who held no permit to work in a beauty salon. The inspector wrote a violation which is the subject of this hearing.
Recommendation Advise the Respondent F. W. Lorick, Jr. that he is guilty of violating Chapter 477, Florida Statutes, and rules and regulations promulgated thereto and that if other violations occur, his license may be revoked, annulled, withdrawn or suspended. DONE and ORDERED this 19th day of August, 1976 in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire 101 East College Avenue Tallahassee, Florida Mr. F. W. Lorick, Jr., President La Marick Beauty Salon 2350 S. Ridgewood Avenue - Sunshine Mall South Daytona, Florida
The Issue Respondents' alleged violations of Section 477.02(6), 477.15(8), and 477.27, Florida Statutes.
Findings Of Fact Respondent Corporation operates Aries House of Beauty, 9310 A1A Alternate, Lake Park, Florida, under Certificate of Registration to operate a cosmetology salon number 20754 issued by Petitioner on October 25, 1974. Respondent was advised of the hearing and acknowledged receipt of notice of same. (Exhibit 2) Petitioner's inspector visited Respondent's place of business on January 14, 1976, and observed Van Thi Nguyen giving a patron a shampoo and set on the premises. She acknowledged to the Inspector that she had no Florida state license to practice cosmetology. (Testimony of Padgett) Respondents' Officers, Patricia J. Cantrell & Sharon J. Riseling, submitted a letter prior to the hearing in which it was conceded that they had employed a non-licensed beautician under the mistaken belief that she had a Florida license. The letter indicated that the employee had impressive credentials as a cosmetologist and had possessed an Illinois license. They did not see a Florida license. The employee now holds Florida license number 022943. (Exhibit 1)
Recommendation That Respondent be issued a written reprimand for violation of Section 477.02(6), Florida Statutes. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Patricia J. Cantrell & Sharon Riseling c/o Aries House of Beauty 9310 A1A Alternate Lake Park, Florida
Findings Of Fact Upon request of the attorney for the Complainant, the Complaint was amended to reflect that Hersam Beauty Salons, Inc., operates the Respondent salon, Grant's Beauty Salon. The Notice of Hearing was answered by letter from Hersam Beauty Salons, Inc., through its Secretary and Treasurer, Sam Friedman, by letter dated June 6, 1975. Said letter expressed amazement that the master cosmetologist employed by said Hersam Beauty Salons, Inc., who directs and supervises Grant's Beauty Salon, Tamps, Florida, was not on duty at the time the violation was written up and during the time the salon was open for the business of practicing the art of cosmetology. Grant's Beauty Salon was in operation and not under the direct supervision or management of a master cosmetologist.
Recommendation Suspend the registration of Grant's Beauty Salon for a period of thirty (30) days. DONE AND ENTERED this 29 day of August 1975 in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald G. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302 Ms. Gertie Campbell 7409 Huntley Avenue Tampa, Florida Grant's Beauty Salon 11311 N. Nebraska Avenue Tampa, Florida 33612 Hersam Beauty Salons, Inc. 142-144 N. 7th Street Allentown, Pennsylvania 18101 Ms. Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087 Winter Haven, Florida 33880 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA FLORIDA STATE BOARD OF COSMETOLOGY STATE BOARD OF COSMETOLOGY, Complainant, vs. CASE NO. 75-1018 GRANT'S BEAUTY SALON, Respondent. /
Findings Of Fact Respondent, Adelina Portuondo, is the holder of License Number CL 0089302 issued by Petitioner, Department of Professional Regulation, Florida State Board of Cosmetology. The license authorizes Respondent to perform cosmetology services. She has held the license since 1976. On or about December 24, 1982, a Department inspector visited the premises known as Delores Beauty Salon, located at 2214 Collins Avenue, Miami Beach, Florida. The visit was prompted by the fact that the Delores Beauty Salon was delinquent in renewing its license with Petitioner. While conducting the inspection, the inspector observed two apparent employees working with customers in chairs. Before the inspector was able to check the license of one of them, a Latin male, who was performing cosmetology services on a client, the Latin male quickly departed the premises. The inspector was told the male's name was either "Jorge" or "Jose," but that no other information regarding that individual was available. Respondent was not on the premises when the inspection was made, but, after being called from her other shop, she arrived a short time later. Portuondo advised the inspector that the male's name was "Jose," that he was there for a "tryout," had just arrived from Cuba and had been referred by someone at her other beauty salon. She also advised that she had just purchased the salon and was in the process of transferring ownership to her name. At the time the inspection was made, Delores Beauty Shop held no current licenses to provide either cosmetology or barber services to the public. The inspector then visited Respondent's other salon, Lena's of New York, and learned that the Latin male's name was actually Jose Bahamonde. Respondent told the inspector that Bahamonde was only a manager of the salon, whose duties included opening and closing the shop, cleaning and the like, but that he performed no professional services. Lena's of New York was apparently licensed by the Board as a cosmetology salon. On April 5, 1983, a Department inspector again visited the beauty salon operated by Respondent at 2214 Collins Avenue, Miami Beach. Respondent had signs indicating the business was now being operated as Lina Beauty Salon II, Inc. The inspector found Bahamonde on the premises and told him it was illegal to practice cosmetology and barbering without appropriate licenses. Bahamonde told the inspector he had taken the examination and was awaiting the results. The inspector returned the next day, April 6, and found Bahamonde cutting a customer's hair. The Respondent was not present on the premises. After being called by telephone, Respondent arrived shortly thereafter and denied that Bahamonde was providing professional services. Instead, she claimed he was working as a cashier and cleaning up the premises. At that time, she also produced records to show she had purchased the salon on October 5, 1982. Official Department records reflect that Bahamonde was issued cosmetology License No. CL 0141942 on July 26, 1983. Those records also reflect that as recent as October 20, 1983, Lina Beauty Salon II, Inc., held no active cosmetology or barbershop licenses. The records do indicate, however, that Respondent applied for a cosmetology salon license for the establishment in April, 1983, but the application was denied on May 9, 1983, on the ground it was incomplete. No license has been issued to Delores Beauty Salon, Inc., since its purchase by Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent be found guilty of violating Subsection 477.029(1)(b), Florida Statutes, in December, 1982, and April, 1983; violating Subsection 477.029(1)(c), Florida Statutes, in December, 1982; and violating Subsections 477.028(2)(b) and 477.029(1)(c), Florida Statutes, in April, 1983. It is further RECOMMENDED that a $250 administrative fine be imposed on Respondent for each violation, for a total of $1,000, and that such fine be paid within thirty (30) days of the date of the final order entered in this cause. RECOMMENDED this 9th day of November, 1983, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of November, 1983.
