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. /
The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for allowing two unlicensed persons to practice cosmetology in the beauty salon licensed as May Cohen's Soul Sissors.
Findings Of Fact A joint motion to consolidate the above styled cases was made for the reason that the charges grew out of the same incident. The motion was granted. A motion was made requesting permission for the Respondent to file affidavits late and the permissions was granted without objection by the Petitioner but with a reservation to file objections when the affidavits were filed. The affidavits were filed July 26, 1977 and are a part of the record. No objection has been filed by Petitioner and the thirty days from date of hearing allotted by the Hearing Officer has expired. The statements in the affidavit are consistent with the evidence and testimony at the hearing and with the findings of facts herein. The Administrative Complaints were issued on May 31, 1977 against John S. Kubie, President of Seligman & Latz, Inc., and against the salon May Cohen's Soul Sinners charging: "That you, said SELIGMAN & LATZ, INC. d/b/a May Cohen's Soul Sissors on January 7, 1977 did allow two unlicensed persons to practice in your salon, at May Cohen's Soul Sissors, Jacksonville, Florida." On January 7, 1977, the inspector for the Board entered the May Cohen's Soul Sinners Beauty Shop and found therein two unlicensed persons. One person, Willie Dock, who is an employee of Nay Cohen's Soul Sinners, had not secured a Florida license and was working without a license in the subject salon and without a license or permit posted as required. He had not informed the manager that his permit had expired on December 30, 1976. The other person, Margaret Florence, was working although her license had been altered to appear as if it were current. It was of a different color than the current licenses of other cosmetologists in the shop and in fact it had expired. The manager should have ascertained whether these people were duly licensed and knew or should have known they were not properly licensed.
Recommendation Suspend the license of May Cohen's Soul Sissors for a period of seven (7) days. DONE and ORDERED this 26th 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: Ronald C. LaFace, Esquire LaFace & Baggett, P.A. Post Office Box 1752 Tallahassee,, Florida 32302 Charles A. Sorenson, Esquire Forbes and Meide 400 Guaranty Life Building 137 East Forsyth Street Jacksonville, Florida 32202
The Issue Whether Respondent Margrea Hudson allowed a nonlicensed person to practice cosmetology in her salon d/b/a Margrea's Beauty Salon in Lakeland, Florida.
Findings Of Fact A copy of the Administrative Complaint with Election of Remedies, Salon License No.l 6766, and the receipt for certified mail were received into evidence without objection and marked Composite Exhibit 1. Respondent admitted that she was guilty of the violation charged.
The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for employing a student without a permit to work who had not yet taken the state board examination for cosmetologists.
Findings Of Fact Elaine York is the owner and operator of the Act II Salon of Beauty. Mary Mainello, also called Kathy Mainello, is employed to work in he subject beauty salon. At the time of the inspection Miss Mainello had not yet obtained her work permit and had not taken the state board examination or been licensed to practice cosmetology. She told the inspector that she had been working doing shampoos and sets but that no damage was done. Therefore a violation notice was written against the owner of the salon. At the time of the inspection Miss Mainello was in the beauty shop of Respondent for the purpose of observing and was not on the payroll of the subject beauty salon. Although the inspector did not actually see her work, there was a station for her to work which . had been used at the time of the inspection. She said that she had been observing for a period of two (2) weeks. At the time of the inspection the owner, Mrs. York, was not in the shop, having gone to the bank. The Hearing Officer finds that the student, Mary Mainello, was in fact performing the duties of a cosmetologist, that is, shampooing and setting hair but without the knowledge or permission of the Respondent owner.
Recommendation Write a letter of reprimand for lack of close supervision of the student who should have learned the laws and rules pertaining to cosmetology. DONE and ORDERED this 19th 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 J. Kermit Coble, Esquire Coble, McKinnon, Reynolds, A Rothert, Bohner & Godbee, P.A. Post Office Drawer 9670 Daytona Beach, Florida 32020
The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for operation of a beauty salon in her home without a license in violation of Section 477.15(9), F.S., and Rule 21F-3.O1, F.A.C.
Findings Of Fact The Respondent, Catherine Birdsall, was cited on September 10, 1976, for operating a beauty salon in her home without a salon license by Inspector Geraldine Padgett. The Respondent, Birdsall, had a beauty salon set up in her home which could have been eligible for licensing by the Petitioner had her home been in a properly zoned area. Mrs. Birdsall was in fact operating a beauty salon although she was not charging her customers in money. It was a situation in which Mrs. Birdsall was practicing cosmetology so that she could be employed in another beauty salon as a cosmetologist. The patrons of Mrs. Birdsall repaid her for her cosmetology efforts by paying her for supplies and by doing other work for her on a barter- type arrangement. The Respondent is not now operating a beauty salon in her home and is now employed elsewhere.
Recommendation Send a Respondent a written reprimand for violation of the statutes and rules. DONE and ORDERED this 5th 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 and Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 Catherine Birdsall 5702 Cadillac Lake Worth, Florida 33460
Findings Of Fact At all times material to this proceeding, the Respondent was the owner of Palm Beauty Salon located at 5084 N.E. 2nd Avenue, Miami, Florida. At all times material to this proceeding, Respondent Fanfan was licensed to operate Palm Beauty Salon as a cosmetology salon, having been issued Florida Cosmetology salon license number CE 0038205. Respondent Fanfan was not licensed to practice cosmetology in the State of Florida at any time. On August 19, 1985, Sharon Banks Geter (Geter), inspector for the Petitioner, inspected the Palm Beauty Salon and was accompanied by another inspector, Anthony Destro (Destro). At the time of the inspection on August 19, 1985, Adelaide Baltazar (Baltazar) and Myrtha Janvier (Janvier) were found to be performing cosmetology services in the Palm Beauty Salon. However, the evidence was insufficient to prove that Baltazar and Janvier were employed by Respondent Fanfan. Neither the Respondent nor Marie Herard (Herard) the manager of Palm Beauty Salon, were present when Geter and Destro inspected the Palm Beauty Salon on August 19, 1985. At all times material to this proceeding, Baltazar and Janvier were not licensed to practice cosmetology in the State of Florida.
Recommendation Based upon the Findings of Fact and Conclusions of Law recited herein, it is RECOMMENDED that the Board of Cosmetology enter a final order DISMISSING the Administrative Complaint filed against Respondent Fanfan. Respectfully submitted and entered this 16th day of May, 1986, 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 16th day of May, 1986. COPIES FURNISHED: Jane Shaeffer, Esq. Department of Professional Regulation 130 North Monroe Street Tallahassee, F1 32301 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, F1 32301 Salvatore A. Carpino General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, F1 32301 Bernard D. Fanfan Palm Beauty Salon 1323 NE 178 Street North Miami Beach, FL 33162 Myrtle Aase Executive Director Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32301 APPENDIX The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the Petitioner in this case. Rulings on Proposed Findings of Fact Submitted by the Petitioner Adopted in Finding of Fact 1. Adopted in Finding of Fact 2. Rejected as irrelevant and immaterial. Rejected as irrelevant and immaterial. Adopted in Findings of Fact 4 and 5. Adopted in Finding of Fact 7. Respondent Did Not Submit Any Proposed Findings of Fact
