Findings Of Fact On December 22, 1977, respondent manicured a patron at the Hallmark Beauty Salon, without having been licensed by or registered with petitioner. Jacob Rubin, an investigator employed by petitioner, observed respondent at the time and asked her to produce her license. She said she had left it at home and ostensibly went to get it, but did not return before Mr. Rubin left. Mr. Rubin became suspicious and caused a search of petitioner's records to be made. On February 22, 1978, Petitioner licensed respondent as a manicuring, pedicuring, and shampooing specialist.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner dismiss the administrative complaint. DONE and ENTERED this 30th day of June, 1978, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Daniel Wiser, Esquire Post Office Box 1752 Tallahassee, Florida 32302 Norma Bertha Ruiz de Hidalgo c/o Hallmark Beauty Salon 3800 South Ocean Drive Hollywood, Florida
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 Respondent should be fined for alleged violations of Chapter 477, Florida Statutes, occurring prior to her licensure.
Findings Of Fact Respondent, Catherine Shepherd, is the owner of a cosmetics studio named Merle Norman Cosmetics. The studio is located at 13275 South 14th Street, Leesburg, Florida 32748. Her primary business is the sale of cosmetics to the public. A very small portion of her business is nail sculpting. Except for the nail sculpting, Respondent is not otherwise subject to the strictures of Chapter 477, Florida Statutes. Respondent, dba Merle Norman, is a licensed cosmetology salon in the State of Florida having been issued license number CE 0048712. Respondent obtained her license January 24, 1989, after Petitioner's investigator informed her that the law required her to have a cosmetology salon license in order to do nails at her establishment. Prior to January 24, 1989, Respondent was not licensed as a cosmetology salon. When the cosmetology statutes were last adopted, Respondent was informed by the Board's investigator that she would have to employ a licensed cosmetologist in order to do nails at her studio. Respondent thence forward employed a licensed nail sculptor to perform this service. However, the Board's investigator did not inform Respondent that she was also required to have a cosmetology salon license to employ a licensed nail sculptor. She was, therefore, unaware that the law required such a license. Respondent operated as a cosmetology salon without a license for approximately two years.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Cosmetology enter a Final Order fining the Respondent one hundred dollars ($100.00). DONE and ENTERED this 18th day of July, 1989, in Tallahassee, Florida. DIANE CLEAVINGER 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 18th day of July, 1989. APPENDIX CASE NO. 89-2445 The proposed facts contained in paragraphs 1, 2, 3 and 4 of Petitioner's proposed Findings of Fact are adopted, in substance, in so far as material. The proposed facts contained in paragraphs 5 and 6 of Petitioner's proposed Findings of Fact are subordinate. COPIES FURNISHED: Cynthia Gelmine, Esquire Department of Professional Regulation North wood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0760 (904) 488-0062 Catherine Shepherd dba Merle Norman 1327 South 14th Street Leesburg, Florida 32748 Ms. Myrtle Aase Executive Director Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32390-0729 Kenneth Easley, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32390-0729
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 Whether Respondent committed the offenses described in the Administrative Complaint? If so, what penalty should be imposed?
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 hereto, the owner and operator of Beauty Salon Mayelin Unisex (Salon), a cosmetology salon located at 1442 Northeast 163rd Street in North Miami Beach, Florida. The Salon was first licensed by the Department on December 19, 1990. Respondent has never been licensed to practice cosmetology in the State of Florida. Her application for licensure is currently pending. Charles E. Frear is an inspector with the Department. On May 16, 1990, Frear went to 1442 Northeast 163rd Street with the intention of inspecting a licensed cosmetology salon operating under the name "Hair to Hair." When he arrived at the address, Frear noticed that the sign outside the establishment reflected that Beauty Salon Mayelin Unisex now occupied the premises. The Salon was open for business. Upon entering the Salon, Frear observed Respondent removing curlers from the hair of a customer who was seated in one of the chairs. 1/ Frear asked Respondent to show him her license to practice cosmetology in the State of Florida. Respondent responded that she did not have such a license yet, but that she was scheduled to take the cosmetology licensure examination later that month. After learning from Respondent that she was the owner of the Salon, Frear asked to see the Salon's license. Respondent thereupon advised Frear that the Salon had not been licensed by the Department. Although she told Frear otherwise, Respondent was aware at the time that a Department-issued cosmetology salon license was required to operate the Salon. Frear gave Respondent an application form to fill out to obtain such a salon license. Respondent subsequently filled out the application form and submitted the completed form to the Department. Thereafter, she received License No. CE 0053509 from the Department to operate the Salon.
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 (1) finding that Respondent committed the violations of law alleged in the instant Administrative Complaint; and (2) imposing upon Respondent an administrative fine in the amount of $1,000 for having committed these violations. RECOMMENDED in Tallahassee, Leon County, Florida, this 24th day of April, 1991. 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 24th day of April, 1991.
