The Issue Respondent's alleged violation of section 477.02(1), (3), (6), Florida Statutes. A copy of the Administrative Complaint and Notice of Hearing was received by Respondent, but he did not appear at the hearing. (Exhibit 1) At the commencement of the hearing, Petitioner's representative stated that Respondent's place of business, Jane's Beauty Salon, Fort Myers, Florida, is out of business and that Certificate of Registration to operate a beauty salon in that name No. 19330 issued by Petitioner in December, 1973, is no longer valid. Accordingly, counsel for Petitioner interposed no objection to dismissal of the matter.
Recommendation The the allegations against Respondent be dismissed. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Leon Rizzuto 2351 East Mall, Apartment 103 Fort Myers, Florida 33901 THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
The Issue Whether Respondent allowed cosmetologists to work in Otto's Beauty Salon without a master cosmetologist being present. Whether Respondent's license should be revoked, annulled, withdrawn, or suspended.
Findings Of Fact Respondent appeared in person and admitted the violation as charged by the Complainant. Respondent is the occasional manager of Otto's Beauty Salon. Respondent is the master cosmetologist and the only master cosmetologist working in Otto's Beauty Salon. Respondent was absent from the shop as charged by the Board during working hours and during the time cosmetologists were working in said salon.
Findings Of Fact On February 2, 1989, an inspector from the Department of Professional Regulation visited the Main Street Salon in Tampa and observed Patricia Shields, Respondent, alone in the salon practicing cosmetology. When he asked to see her license, Respondent presented the application for licensure which she had previously submitted to the Petitioner on September 2, 1988, and which was stamped received September 6, 1988. This application was returned to Respondent with notation that she had to get a confirmation from the state officials in Massachusetts that she held a valid cosmetology license in Massachusetts. After two attempts, Respondent received confirmation from Massachusetts that she held a valid cosmetology license in that state, and after November 15, 1988, Respondent submitted this information to the Department. This completed her application, including prescribed fees. Subsequent to November 15, 1988, Respondent inquired of a local cosmetology school if she could work as a cosmetologist after submitting a completed application, but before receiving a Florida license, and was told that she could. She was told that graduates from the beauty school could lawfully work as cosmetologists after graduating and applying for license, but before receiving a valid Florida license. Since Respondent had more training (1000 hours) than did graduates from this cosmetology school and had actually practiced cosmetology since 1984, she did not deem it necessary to contact Petitioner to confirm her qualifications to work as a cosmetologist--and did not do so. On February 3, 1989, license CL-0160553 was issued and mailed to Respondent licensing her to work as a cosmetologist in Florida (Exhibit 1). She received this license February 6, 1989, four days after the inspector had visited the Main Street Salon. At the time of the inspector's visit, February 2, 1989, Respondent, at the instigation of the investigator, signed a Cease and Desist Agreement in which she agreed to cease and desist from any future violations of Chapters 455 and 477, Florida Statutes (Exhibit 3). No evidence was presented that Respondent violated the Cease and Desist Agreement. Respondent frankly admitted that she had worked as a cosmetologist some five or six weeks before February 2, 1989, under the misapprehension that she could legally do so. Her primary objection here is to Petitioner's insistence that she pay a $500 penalty to retain her license.
Recommendation It is recommended that Patricia Shields be found guilty of practicing cosmetology without a valid license and that she be issued a written admonition. ENTERED this 30th day of October, 1989, in Tallahassee, Florida. K. N. AYERS 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 30th day of October, 1989. COPIES FURNISHED: Jack L. McRay, Esquire Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 Patricia Shields 5607 21st Street Tampa, Florida 33610 Myrtle Aase Executive Director Board of Cosmetology Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 Kenneth D. Easley General Counsel Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 =================================================================
The Issue Whether Respondent violated Sections 477.02(6); 477.15(8); 477.27(1), Florida Statutes by allowing an unlicensed person to practice cosmetology in the Respondent's salon. Whether Respondent's license should be revoked, annulled, withdrawn or suspended.
Findings Of Fact Respondent is the owner-manager of the salon doing business as Hairworks, 600 East Business Hwy. 98, Panama City, Florida. Respondent appeared and admitted the fact of the two violations with which the Florida Board of Cosmetology had charged him and which were the subject of this hearing. Respondent admitted allowing Mary Whitfield to practice cosmetology in his salon with a valid cosmetology license. Said Mary Whitfield, has, as of the date of this hearing, a current Florida Cosmetology License No. 19649.
Findings Of Fact On April 28, 1968, the Respondent, Elke H. M. Richey, was issued cosmetology license number CL 0060439 by the Florida Board of Cosmetology. The Respondent renewed this license as required until June 30, 1982. However, during the period from July 1, 1982, through January 10, 1983, the Respondent did not hold an active license to practice cosmetology. On November 18, 1982, Agostino Lucente, an inspector employed by the Department of Professional Regulation, went to the premises of a business named Hair Fashions by Elke, located at 1790 State Road 13, Switzerland, Florida to conduct an inspection. This business was selected for inspection because it appeared on a list of cosmetology salons whose licenses were not current. The Respondent was present during this inspection, and she admitted that she was the owner of the salon. Although the Respondent was not actually observed performing any cosmetology services, the inspector observed the Respondent make appointments for such services by telephone and with persons who came in. In addition, there was on the premises equipment used in the practice of cosmetology such as hair dryers and shampoo stations, hair rollers, creams and lotions. There was an exterior sign advertising Hair Fashions by Elke, there were business cards available for distribution inside the premises, the salon was open for business and there was displayed an occupational license with the Respondent's name on it. This evidence supports a finding that the Respondent was engaged in the practice of cosmetology. On November 24, 1980, the Florida Board of Cosmetology issued to the Respondent license number CE 0030890 for a cosmetology salon named Hair Fashions by Elke, located at 1790 State Road 13, Switzerland, Florida. This license expired on June 30, 1982, and it was not in effect when the Respondent's salon was inspected on November 18, 1982. After the inspection of November 18, 1982, the Respondent attempted to renew her cosmetology license number CL 0060439 and her cosmetology salon license number CE 0030890. On January 11, 1983, the Board of Cosmetology issued a renewal of the Respondent's cosmetology license number CL 0060439, but it did not issue to the Respondent a renewal of her cosmetology salon license number CE 0030890, and the Respondent eventually sold Hair Fashions by Elke in August of 1983.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent, Elke H. M. Richey, be found guilty as charged in the Administrative Complaint, and that license number CL 0060439 be suspended for one year as penalty for count one, and that the Board of Cosmetology issue a reprimand to the Respondent, Elke H. M. Richey, as penalty for count two. THIS RECOMMENDED ORDER entered this 9th day of December, 1983. WILLIAM B. THOMAS, 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. COPIES FURNISHED: Theodore R. Gay, Esquire 130 North Monroe Street Tallahassee, Florida 32301 Elke H. M. Richey 1790 State Road 13 Switzerland, Florida 32043 Myrtle Aase, Executive Director Department of Professional Regulation - Board of Cosmetology 130 North Monroe Street Tallahassee, Florida 32301 Fred M. Roche, Secretary 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether Respondent's Deloris Overstreet license should be revoked, annulled, withdrawn or suspended for the reason that she failed to have or to display a certificate of registration.
Findings Of Fact At the time of the inspection by Ms. Artie Mitchell, Respondent had no certificate of registration. Ms. Mitchell left an application form with Respondent and Respondent procured the certificate of registration within fifteen (15) days thereafter. Ms. Overstreet, Respondent, has secured her certificate of registration and has it on display in the beauty shop owned by Respondent doing business as Dee's Beauty Boutique.
The Issue Whether Respondent violated Section 477.02(6); 477.15(8); 477.27(1) and (2), F.S. by allowing a person to practice the art of cosmetology in her salon without said person being a registered cosmetologist by the State of Florida.
Findings Of Fact Respondent, Marlene Fletcher, d/b/a the Beauty Parlour, did allow one Victoria Kane to practice the art of cosmetology, to-wit: the giving of a permanent wave to a customer in Respondent's salon at a time in which she held no Florida license. Respondent discussed by long distance telephone the circumstances attending the giving of said permanent wave by the said Victoria Kane. The said Victoria Kane was not in the employ of the Respondent; however, said Victoria Kane was under the control of the Respondent inasmuch as the practice of the art of cosmetology was in the salon of Respondent and at a time in which the Respondent was present.
The Issue Whether Respondent, Elaine Jordan, doing business as Park Avenue Coiffures, did practice cosmetology without a valid Florida cosmetology license. Whether the Board should revoke, annul, withdraw or suspend the license of Respondent.
Findings Of Fact Respondent, Elaine Jordan, was practicing cosmetology as charged by the Board by shampooing the hair of a customer in the salon owned by Elaine Jordan doing business as Park Avenue Coiffures. Respondent holds Registration No. 18844 for the salon doing business as Park Avenue Coiffures. Respondent Elaine Jordan is not a registered, licensed cosmetologist. Notice of Service was entered without objection and marked Exhibit 1. The Complaint with the license attached thereto was entered into evidence as Exhibit 2 without objection. The witness was duly sworn.
Findings Of Fact The Respondent was licensed by the State of Florida to practice cosmetology, having been issued license number CL 0030044. On September 27, 1966, the Respondent was issued a cosmetology salon license numbered CE 0009517 authorizing the operation of a cosmetology salon called "Bonnie's Boutique," located at 426 South Pineapple Avenue, Sarasota, Florida, owned by the Respondent. The petitioner is an agency of the State of Florida charged with enforcing the provisions of Chapter 477, Florida Statutes, as that relates to licensing and regulation of the activities and practices of cosmetologists and cosmetology salons. After assuming ownership of, and obtaining licensure for the operation of a cosmetology salon, the Respondent began operating Bonnie's Boutique, She operated Bonnie's Boutique as a cosmetology salon until approximately June 30, 1980, when her cosmetology salon license became ripe for renewal. She was leasing the premises in which she operated her business, which lease continued through August of 1983. The Respondent failed to renew her cosmetology salon license number CE 0009517 after it expired on June 30, 1980. From that time until August, 1983, when the lease on the premises expired, the Respondent operated Bonnie's Boutique, albeit on a limited basis due to health problems, performing cosmetology services primarily for friends and relatives. Sometime in January, 1983, in the course of an investigation of the Respondent's activities with regard to the salon premises, it was discovered by petitioner's investigator that the Respondent was operating the cosmetology salon at the above address on at least an intermittent basis without a current cosmetology salon license. Due to health problems, the Respondent has never sought to operate a fully active cosmetology salon business since the expiration of her salon licensure on June 30, 1980. Aside from the subject action there has never been any other disciplinary proceeding instituted against the Respondent with regard to her licensure status.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, and the evidence of record, it is, therefore RECOMMENDED: That a Final Order be entered imposing the penalty of a reprimand on the Respondent Bonnie J. Wagoner. DONE and ENTERED this 20th day of February, 1984, in Tallahassee, Florida. P. MICHAEL RUFF 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 20th day of February, 184. COPIES FURNISHED: Theodore R. Gay, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Bonnie J. Wagoner 1714 Devanshire Sarasota, Florida 33577 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
