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
Findings Of Fact Mrs. Marge Edwards, Inspector with the Florida State Board of Cosmetology, issued a notice of violation citing Respondent for "owner leaving one cosmetologist, one student permit working alone". The time of the violation notice was dated 2:10 p.m. on June 1, 1974. Respondent George D'Zanko was out of the George D's beauty salon, a business which he owns and operates as the master cosmetologist on June 1, 1974 during the hours which includes 2:10 p.m. Mr. D'Zanko admits that he was out of the shop at that time. Respondent entered a motion to dismiss contending that Chapter 477, Florida Statutes, did not require his presence in the shop while the cosmetologists were working therein. Section 477.04, Florida Statutes, states "no registered cosmetologists may independently practice cosmetology, but he may as a cosmetologist do any or all of the acts constituting the practice of cosmetology under the immediate personal supervision of a registered master cosmetologist". The attorney for Respondent D'Zanko equates Chapter 476, Florida Statutes, which regulates barbers with Chapter 477, Florida Statutes, which regulates cosmetologists, and cites Lett vs. Florida Barbers Salary Commission, Fla. App. 247 So.2d 335, for his position that inasmuch as Respondent was in the neighborhood of the salon the actual presence of Respondent was not necessary. The Board contends that the Respondent allowed a cosmetologist to practice cosmetology without the presence and supervision of a master cosmetologist in violation of Chapter 477, Florida Statutes. The Board contends that the presence of a master cosmetologist in a salon where the art of cosmetology is being practiced is a protection for the public and that Respondent allowed his shop to be operated without the supervision of a master cosmetologist. That the license of the Respondent should be revoked, annulled, withdrawn or suspended. The Hearing Officer finds: That Chapter 477, Florida Statutes, requires that a master cosmetologist be present in a cosmetology salon at all times when the art of cosmetology is being practiced; That Respondent George D'Zanko, the owner of the salon, Styles by George D', Inc., allowed cosmetology to be practiced in his salon at a time when there was no master cosmetologist therein; That the direct supervision of a master cosmetologist is a protection for the customers in the application of materials used in practicing the art of cosmetology.
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'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, Bernice Benbow, allowed a non-licensed person to practice cosmetology in her beauty salon. Whether Respondent's license should be revoked, annulled, withdrawn, or suspended, or whether some other disciplinary action should be taken.
Findings Of Fact Respondent, Bernice Benbow is doing business as Bernice's Beauty Salon in Cocoa, Florida. 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. Respondent was working in said salon on the date reported herein and left the salon during working hours. Carrie Shingles, a non-licensed, non-registered person, washed the hair of a customer at said salon on said date. Carrie Shingles was not employed to serve as a cosmetologist and is not a registered cosmetologist. Carrie Shingles denied that she had the permission of Respondent to practice cosmetology. Said witness said that her duties were to fold towels and perform other non- cosmetology duties in the salon. When Respondent, Bernice Benbow, returned to the salon on the day in question, she set the hair of the customer that Carrie Shingles had shampooed and collected a fee for said shampoo and set but denied that she gave permission to Carrie Shingles to shampoo said customer.
The Issue Whether Respondent practiced cosmetology in her home without a salon certificate of registration. Whether the certificate of registration for a master cosmetologist held by the Respondent should be revoked.
Findings Of Fact Respondent holds a valid certificate of registration as a master cosmetologist No. 73476. Respondent does not hold a certificate of registration for a salon. Respondent was practicing the art of cosmetology in her home which was not in compliance with the requirements of Section 477.24(7), Florida Statutes. Said residence would not be eligible for a salon registration.
