The Issue Whether the license of Respondent William L. Hamilton should be revoked, annulled, withdrawn or suspended for violation of Section 477.27(5) and 477.17, Florida Statutes, and the rules and regulations promulgated pursuant thereto, to-wit: 21F-3.01 in that said Respondent was charged with operating a cosmetologist salon without a salon license.
Findings Of Fact Respondent William L. Hamilton received notice of this hearing and in his election of remedies stated that the violation notice did not constitute a violation of law and sent a letter of explanation as to the violation notice and stated that he would not attend this hearing. Inspector Madge Evans of the State Board of Cosmetology entered the salon operated by William L. Hamilton as Bill's Hair Shack in Palatka, Florida in which he was doing business without a salon license. Mrs. Evans notified the Respondent that he must apply for an obtain a salon license before operating a beauty salon and left an application form with Respondent. On several occasions the inspector for the Board entered a place of business in which William L. Hamilton was operating a beauty salon without a salon license. The salon license is not transferable from location to location and each location that is to be used as a beauty salon must be certified by the Board and a salon license issued. Respondent Hamilton is not now operating a beauty salon under a valid beauty salon license and salon license No. 22621, which Respondent holds is now invalid inasmuch as the location has burned. He holds personal license No. 62269 which entitles him to practice cosmetology in the State of Florida.
Recommendation Suspend the personal license No. 62269 of Respondent William L. Hamilton for a period of three months for violation of Section 477.15, Florida Statutes and 477.17(s). DONE and ORDERED this 23rd 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 William L. Hamilton Route 1, Box 30 East Palatka, Florida 32301 Mrs. Mary Alice Palmer Post Office Box 9087 Board of Cosmetology Winter Haven, Florida 33880 =================================================================
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following facts are found: At all times material to this proceeding, the Respondent has been licensed to practice cosmetology in the State of Florida, having been issued Florida cosmetology license, number CL 0057719. At all times material to this proceeding, the Respondent had been the owner of a cosmetology salon named Bikini Unisex Beauty Salon, located at 2500 East Hallandale Beach Boulevard, Hallandale, Florida, although at the time of the hearing Respondent had sold his interest in Bikini Unisex Beauty Salon. At all times material to this proceeding, the Respondent was licensed to operate the Bikini Unisex Beauty Salon as a cosmetology salon, having been issued Florida cosmetology salon license number, CE 0025617. On September 7, 1984, Alexa Aracha (Aracha), an inspector employed by Petitioner, conducted a routine inspection at Bikini Unisex Beauty Salon to check for compliance with sanitation and licensure requirements. At the time of the inspection, Mamie L. Thompson (Thompson) was shampooing the hair of a salon customer. Respondent has admitted that Thompson was employed by him, d/b/a Unisex Bikini Beauty Salon, as a cosmetologist the past fourteen (14) years. Thompson's cosmetology license, number CL 0031825, expired on June 30, 1984, and was not renewed until November 17, 1984. Although it appears that Thompson had completed the necessary hours of continuing education to have her license renewed, the record is clear that between July 1, 1984 and November 17, 1984 Thompson's cosmetology license, number CL 0031825, was in an inactive status. Respondent, due to Thompson's length of employment with him, did not check Thompson's license to see if it was current and was unaware that her license had expired. At the time of the inspection, Linda S. Marlowe (Marlowe) was present in the salon but was not working. Respondent's appointment book indicated that Marlowe had scheduled appointments for the afternoon of the day of the inspection. Respondent admitted that Marlowe was employed by him, d/b/a Bikini Unisex Beauty Salon, as a cosmetologist, and had worked a couple of days just prior to the inspection. The record is clear that Marlowe's cosmetology license, number CL 0057700, expired June 30, 1984, and was not renewed until January 16, 1985. Although it appears that Marlowe had completed the necessary hours of continuing education to have her license renewed the record is clear that between July 1, 1984 and January 16, 1985 Marlowe's cosmetology license, number CL 0057700, was in an inactive status. The record shows that there had been sickness in Marlowe's family and due to this sickness, she did not have the necessary funds to renew her license. Again, due to Marlowe's length of employment with Respondent, Respondent did not check Marlowe's license to see if it was current and was unaware that her license had expired. At all times material to this proceeding, Linda S. Marlowe and Mamie L. Thompson were not licensed to practice barbering in the State of Florida.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the charge of violating Section 477.0265(1)(b)2., (1)(d), Florida Statutes (1983) be dismissed. It is further RECOMMENDED that Respondent be found guilty of the violation of Section 477.029(1)(c), Florida Statues (1983). For such violation, considering the mitigating circumstances surrounding the violation, it is RECOMMENDED that the Board of Cosmetology issue a letter of Reprimand to the Respondent. Respectfully submitted and entered this 25th day of June, 1985, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 25th day of June, 1985. COPIES FURNISHED: Charles Tunnicliff, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Valentino Malloggi Pro se 2500 E. Hallandale Beach Boulevard Hallandale, Florida 33009 Ms. Myrtle Aase Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue The issue in this case is whether any disciplinary action should be taken against Respondent's cosmetology salon license.
Findings Of Fact Respondent is the owner and operator of a cosmetology salon known as "Reflections of You" located in Tallahassee, Florida. Respondent had purchased the salon from the previous owners. Randall Smith was an inspector for the Department of Business and Professional Regulation, whose duties included the inspections of cosmetology salons. On December 24, 1994, Inspector Randall Smith conducted a routine inspection of Reflections of You. The salon was open to the public, and employees were present. Respondent was present during the inspection. During the inspection Respondent admitted to having problems with the previous owners on the purchase of the salon and thought that her lawyer had taken care of all the necessary requirements to own the business. Respondent believed that the transfer included the proper transfer of the salon license. However, Respondent had not been issued a new salon license listing her as the new owner after her purchase. After concluding his discussion with a representative from the Cosmetology Board office, Inspector Randall Smith wrote a Uniform Citation and served it on the Respondent by hand delivery. The Uniform Citation served on the Respondent indicated a fine in the amount of five hundred (500.00) dollars for failure to have a proper salon license. Respondent neither paid the citation nor challenged the fine contained in the citation. The citation therefore became a Final Order of the Board of Cosmetology on February 1, 1995 by operation of law. In mitigation of her failure to transfer her license, Respondent applied and paid fifty-five (55) dollars for a new salon license on December 24, 1994, the day after the inspection by Randall Smith, and was issued a new salon license. Presumably, Respondent's cosmetologist license was current.
Recommendation Based upon the findings of fact and the conclusions of law, it is, RECOMMENDED: That the Board of Cosmetology enter a Final Order finding Respondent guilty of violating Section 477.029(1)(i), Florida Statutes and guilty of violating Section 477.025(7), Florida Statutes and imposing a fifty (50.00) dollar fine for the two violations. DONE and ENTERED this 26th day of August, 1996, in Tallahassee, Leon County, Florida. DIANNE CLEAVINGER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SUNCOM 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of August, 1996.
The Issue Whether Respondent practiced cosmetology in a salon in Florida without a cosmetologist license as required by Chapter 477, Florida Statutes. Whether the Board has jurisdiction over Respondent. Whether the Division of Administrative Hearings has jurisdiction over Respondent.
Findings Of Fact Respondent was practicing cosmetology by shampooing the hair of a customer of Bernice Benbow d/b/a Bernice's Beauty Salon at a time when Respondent, Carrie Shingles had no certificate to practice cosmetology. Respondent admitted she was not a registered cosmetologist; that she did shampoo the hair of a customer in Bernice's Beauty Salon; that she performed such work without the permission of Bernice Benbow, the owner of the salon; that she did not know said action was contrary to the Florida Statutes or the rules and regulations of the Board of Cosmetology. Notice of Service was entered without objection and marked Exhibit 1. The witnesses were duly sworn
Recommendation Dismiss the complaint. August 27, 1975 date DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ms. Bernice Benbow 702 Magnolia Street Cocoa, Florida Ms. Carrie Shingles 606 Poinsett Post Office Box 1752 Tallahassee, Florida 32302 Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302 Ms. Artie Leigh Mitchell 427 Roosevelt Avenue Merritt Island, Florida Ms. Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087 Winter Haven, Florida 33880
The Issue The issue presented for decision herein is whether or not Respondent's license should be disciplined because of allegations that he permitted an unlicensed employee to practice cosmetology in his shop.
Findings Of Fact Based on my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I make the following relevant factual findings. Respondent is licensed to operate a cosmetology salon in Florida having been issued license number CE0038205. At times material hereto, Respondent has been the owner and/or operator of a cosmetology salon named Palm Beauty Salon which is located at 5084 N. W. 2nd Avenue, Miami, Florida. On October 16, 1987, George Michael Hedley, an investigator for Petitioner, conducted a routine inspection of Respondent's Beauty Salon. While there, investigator Hedley got his hair cut and mustache trimmed and paid $10 for the service to a Mr. Joseph Oscal who was employed there. Upon completion of the services by Mr. Oscal, investigator Hedley introduced himself, determined that Joseph Oscal had been employed by Bernard Fanfan and had been so employed since approximately July, 1987. Joseph Oscal is not a licensed cosmetologist in Florida. He is been employed by Bernard Fanfan to work at the Palm Beauty Salon since July, 1987. (Testimony of Joseph Oscal).
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: Respondent's license to practice cosmetology be suspended for a period of one (1) year. 2/ RECOMMENDED this 8th day of June, 1988, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of June, 1988.
Findings Of Fact Respondent, Secret de Femme d/b/a Secret de Femme Hair Sculpture, operates a cosmetology salon at 65 Northwest 54th Street, Miami, Florida. It is the holder of cosmetology salon license number 0040317 issued by petitioner, Department of Professional Regulation, Board of Cosmetology (Board). Respondent, Gaston Eugene, does not hold any licenses issued by the Board. On or about November 5, 1987, a Board investigator, Frank Hautzinger, made a routine inspection of respondent's salon. 1/ When he entered the premises, he found a few persons in the salon, including one seated in a barber's chair. According to Hautzinger, respondent, Gaston Eugene, was "finishing up" the person seated in the chair. By this, Hautzinger meant that Eugene was brushing around the person's neck and collar as if he had just given that person a haircut. However, he did not actually see Eugene cutting hair, and Eugene received no compensation for his "services." Because Eugene speaks little or no English, Hautzinger was unable to carry on a meaningful dialogue with Eugene. He did learn that Eugene did not have a cosmetology license. A short time later, one of the owners, Amantha Jean-Joseph, returned to the salon. When questioned by Hautzinger about Eugene, she described Eugene as a temporary employee obtained through a local employment service. However, at hearing she denied making this statement. Both owners emphatically denied that Eugene was authorized to cut hair. Instead, they described his role as being limited to cleaning up the working area, cleaning barber tools, and opening and closing the shop. According to Amantha, on the day that Hautzinger visited the shop, Eugene had simply agreed to cut a nose hair of a friend and nothing more.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that all charges be DISMISSED. DONE AND ORDERED this 22nd day of April, 1988, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of April, 1988.
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
The Issue The issue presented herein is whether or not the Respondent operated a cosmetology salon without a current active salon license.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, a post- hearing memorandum, and the entire record compiled herein, I hereby make the following relevant findings of fact. Respondent, James F. Tobin, was at all times material herein licensed by the State of Florida to practice cosmetology and has been issued cosmetologist license number CL 0096393. (Petitioner's Exhibit 1) During December, 1980, Respondent purchased a cosmetologist salon then named Sisters Two which is located at 17036 W. Dixie Highway, North Miami Beach, Florida. Respondent thereafter renamed the salon "All About Hair" and at all times subsequent to December, 1980, owned and operated All About Hair as a cosmetologist salon. During July or August, 1981, Respondent submitted to the Petitioner an application for a cosmetology salon license for All About Hair enclosing therewith a check made payable to the Petitioner in the amount of $40. On August 13, 1981, Petitioner received the application and on the following day, August 14, 1981, Petitioner cashed the Respondent's $40 check. The Department did not approve the application and on August 19, 1981 returned the application to Respondent together with a cover letter stating the following three reasons: The application was not accompanied by a diagram of the salon, The lease was not in the Respondent's name, and The application failed to specify the type of dry sanitizer that Respondent was using in the salon. Upon receipt of the returned application from the Petitioner, the (Respondent) gave it to his mother for completion and for resubmittal to the Petitioner. A completed cosmetology salon license application form for All About Hair was not received by the Petitioner from Respondent until August 8, 1983. Upon receipt of the completed application, the Department issued its cosmetology salon license number CE 0035291 for All About Hair on September 10, 1983. (Petitioner's Exhibit 4) Respondent, by and through its business manager, acknowledged that it never received from the Petitioner a cosmetology salon license in the name of All About Hair prior to September 8, 1983. Although the Respondent assumed that his mother immediately re-submitted the returned application to the Petitioner, other than the finding herein that the returned application was re-submitted to Petitioner on August 8, 1983, there was no direct testimony offered in support of that assumption. On September 30, 1982, Petitioner's investigator and inspector, Dorsey Hayes, made a routine inspection of All About Hair. During the course of that inspection, inspector Hayes discovered a discrepancy between the salon named All About Hair and the license which it was operating under, Sisters Two. At no time prior to September 10, 1983, did the Respondent hold a valid current license for the cosmetology salon All About Hair.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED that the Respondent shall pay an administrative fine to the Petitioner in the amount of $250 within thirty days of the date of the Final Order herein. RECOMMENDED this 9th day of December, 1983, in Tallahassee, Florida. JAMES E. BRADWELL, 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 December, 1983.
The Issue The issues here concern an administrative complaint, DPR Case No. 91-11773, charging the Respondent with operating a cosmetology salon for which a license to operate had not been obtained. See Section 477.029(1)(b), Florida Statutes, (1989).
Findings Of Fact At all times relevant to the inquiry Respondent has held license CL 0121148, issued by the Board of Cosmetology. As late as September 25, 1991, a cosmetology salon license had never been issued to Sabrina's Beauty Salon at 1002 First Avenue, Jasper, Florida. At various times between June 26, 1991 and September 6, 1991, Respondent operated a cosmetology salon (Sabrina's Beauty Salon) at the 1002 First Avenue, Jasper, Florida address.
Recommendation Based upon the facts found and the conclusions of law reached, it is, RECOMMENDED: That a Final Order be entered which imposes a $500.00 fine for this violation. DONE and ENTERED this 5th day of March, 1992, in Tallahassee, Florida. CHARLES C. ADAMS, 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 5th day of March, 1992. APPENDIX TO RECOMMENDED ORDER The Petitioner's facts are subordinate to facts found with the exception of paragraphs (1) and (13) which are necessary to the resolution of the dispute. Copies furnished: Lois B. Lepp, Esquire Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Sabrina Leonard Post Office Box 500 Jasper, FL 32052 Myrtle Aase, Executive Director Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792