The Issue Whether Respondents operated their cosmetology salon in violation of the rule then in effect in which each cosmetology salon owner or manager should send to the Board every five (5) years a certificate from a licensed electrician showing that the electrical equipment in said salon is in safe operating condition. Regulation 21F-3.02, of the rules and regulations of the State Board of Cosmetology. Whether Respondents' license should be revoked, annulled, withdrawn or suspended.
Findings Of Fact The witness and Respondents were duly sworn. The Notice of Service and Complaint were entered without objection and marked Exhibit 1. The Election of Remedies and Electrical Certificate were entered into evidence as Exhibit 2 without objection. Respondents held a license as required by Board of Cosmetology Rule 21F-3.02, which was dated 1969. A notice of violation was written up by the Board at the five-year expiration of said license which was in 1974. Since the writing of the violation notice, the Board has rescinded the rule requiring an electrical certificate and Respondnets not having procured a certificate in a timely fashion did not then attempt to secure said certificate inasmuch as the rule had been rescinded.
The Issue Whether Respondent engaged in the practice of cosmetology or a specialty without an active license in violation of Section 477.0265, Florida Statutes (2005), and, if so, what penalty should be imposed.
Findings Of Fact Based on the evidence and the testimony of witness presented, and the record in this case, the following findings of fact are found: At all times material hereto, Respondent was regulated by the Department. Respondent's last know address and his address of record with the Department is 421 Champagne Lane, Brandon, Florida 33510. This is also the address written on the Election of Rights Form submitted to the Department in which Respondent requested a formal hearing. At all times material hereto, John Miranda was employed by the Department as an environmental health specialist, where he has been working for approximately nine (9) years. As an environmental health specialist, Mr. Miranda conducts inspections for the Board of Cosmetology. On December 14, 2005, Mr. Miranda conducted an inspection of the Eclips Barber Shop (Eclips) located at 1221 Kingsway Plaza, in Brandon, Florida. During the inspection, Mr. Miranda observed Respondent cutting hair. However, when asked to do so, Respondent did not produce either a barber license or cosmetology license. On December 14, 2005, Respondent was not licensed as either a barber or a cosmetologist. Respondent was eligible to take the cosmetology examination on September 10, 2004. As of December 20, 2005, Respondent had successfully completed all parts of the cosmetology licensing examination. Respondent was not licensed as a cosmetologist until more than three months after the December 14, 2005, inspection. Respondent was initially issued a cosmetology license, License No. CL 1183800, on or about March 31, 2006. That license is current and active, with an effective date of March 31, 2006, through October 31, 2007.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, enter a final order (1) finding that Respondent, Camilo Torres, engaged in the practice of cosmetology without a license, an act proscribed by Subsection 477.0265(1)(a), Florida Statutes (2005), and (2) imposing an administrative fine of $500 for that violation. DONE AND ENTERED this 5th day of September, 2006, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of September, 2006. COPIES FURNISHED: Camilo Torres 421 Champagne Lane Brandon, Florida 33511 Lee C. Hawley Charles Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32303 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
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.
The Issue Whether the certificate of registration No. 866914 should be revoked, annulled, suspended or withdrawn for violation of Chapter 477, Florida Statutes, and the rules and regulations promulgated thereunder, for practicing without a license.
Findings Of Fact Receipt for certified mail notifying Respondent of this hearing was offered into evidence as Exhibit 1 and marked without objection. The Election of Remedies, a composite exhibit marked Exhibit 2, was entered as requested without objection. Respondent was charged for practicing cosmetology without a license. Respondent admitted the violation and submitted such plea to the Board which was included in the Board's Exhibit 1. After the violation for which Ms. Gould was noticed and for which this hearing is held, Respondent took the examination for master cosmetologists, passed the examination, and was issued a Florida license.
Recommendation Suspend the certificate of registration Respondent now holds for a period of one (1) week. 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. Gertie Campbell 7409 Huntley Avenue Tampa, Florida Ms. Rose Gould 1904 Bruce Street Kissimmee, Florida 32741 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. 75-1016 LICENSE NO. 86691 Rose Gould, Respondent. /
Findings Of Fact An Administrative Complaint was filed May 31, 1977, against Jack Diftler, owner of the Haircuttery, charging: "That you, said Jack Diftler on March 25, 1977 did allow a cosmetologist to practice in your salon without the supervision of a master cosmetologist at The Haircuttery, St. Augustine, Florida." The Respondent, Jack Diftler, is a master cosmetologist who had left the beauty shop he owned to make an emergency trip to Miami. The cosmetologist who works in his shop and who is not a master cosmetologist failed to obey his instructions which were to cease his cosmetology work and work repairing the shop while he, the master cosmetologist, was absent. The cosmetologist, Michael Diamond, failed to obey instructions and did perform cosmetology work in the absence of the master cosmetologist.
Recommendation Send a letter of reprimand to the Respondent. The disobedience of an employee is an extenuating circumstance. DONE and ORDERED this 27th day of September, 1977, in Tallahassee, Florida. COPIES FURNISHED: Ronald C. LaFace, Esquire LaFace & Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 Jack Diftler, Owner The Haircuttery 52 Spanish Street St. Augustine, Florida 32084 DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675
