The Issue Whether the Respondent did practice cosmetology in her home without a valid salon license in violation of Section 477.02(1)(3), F.S. and Rule 21F-3.10, F.A.C.
Findings Of Fact Mrs. Brenda J. Lopsenzski is the holder of cosmetology license No. 0081729. Mrs. Margaret L. Boswell, Inspector for the Board of Cosmetology, entered the home of Respondent at which time Respondent was shampooing a lady's hair in her home. The home was not properly equipped as a beauty salon at the time of the inspection b Mrs. Boswell and there were no patrons in the home other than the lady upon whose hair the Respondent was working. The testimony of the Respondent which I believe to be the facts and which were not denied by the Inspector for the Board were as follows: Respondent held a junior license and in order to keep her skill and in order to do favors for a few friends, would style hair for these friends. She charged them no fee and "practiced" both for her benefit and the benefit of a few friends. The actions of Respondent as shown by the testimony and evidence are not a violation of Chapter 477, F.S. or Rule 21F-3.10, F.A.C.
Recommendation Dismiss the complaint. DONE and ORDERED this 5th day of August, 1976. 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 101 East College Avenue Tallahassee, Florida Brenda J. Lopsenzski 406 North Boyd Street Winter Garden, Florida
The Issue Whether the license of the Respondent should be revoked, annulled, withdrawn or suspended for operating a cosmetology salon not under the direct supervision of a master cosmetologist.
Findings Of Fact An Administrative Complaint was filed on May 31, 1977, against Barbara Hagan d/b/a Hair Fashion Wig Craft by B & B charging: "That you, said BARBARA HAGAN d/b/a Hair Fashion Wig Craft by B & B on January 11, 1977 did operate a cosmetology salon without the direct supervision of a master cosme- tologist; at Hair Fashion Wig Craft by B & B, Lakeland, Florida." The Respondent, Barbara Hagan, is a master cosmetologist who had left the beauty shop she operated to make a trip to the hospital. The cosmetologist who works in Respondent's shop and who was working at the time of the notice of violation had finished school but was not a master cosmetologist at the time of the violation. The Respondent admitted that he did not have a master cosmetologist license at the time of the violation but asserts that he now is a master cosmetologist.
Recommendation Suspend the license of the Respondent for a period of not more than thirty (30) days inasmuch as this was the second time the statute was violated. The first time no written violation notice was entered but the inspector orally warned the Respondent of the violation. DONE and ORDERED this 5th day of October, 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 Barbara Hagan Hair Fashion Wig Craft by B & B 1336 North Florida Avenue Lakeland, Florida 33802 ================================================================= AGENCY FINAL ORDER =================================================================
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
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, a post-hearing memorandum and the entire record compiled herein, I hereby make the following relevant findings of fact. During times material, Respondent was licensed by the State of Florida to practice cosmetology and has been issued license number CL 0075643. During approximately March or May of 1977, Esther's Beauty Salon, located at 3326 NW 2nd Avenue, Miami, Florida, was open for business and operated as such with the public as a cosmetology salon under Respondent's ownership. On February 23, 1977, Florida cosmetology salon license number CE 0024609 was issued to the Respondent for Esther's Beauty Salon. While that license, as issued, was a permanent license, it subsequently became subject to a biennial renewal. As such, the first renewal deadline thereunder was June 30, 1980. [Section 477.025(8), Florida Statutes (supp. 1978)] Respondent did not renew her cosmetologist salon license number CE 0024609. Although the Respondent first contends that she did not receive a renewal notice for her license, she later admitted that she was the subject of numerous personal problems stemming from a divorce and pregnancy with her first child and that she may have overlooked the renewal notice. It is here found that the Respondent's failure to renew her cosmetology salon license was the result of an oversight on her part. On February 2, 1983, Petitioner, through its inspector, Steven Granowitz, inspected Esther's Beauty Salon. At that time, Respondent was operating Esther's Beauty Salon. She was advised that her cosmetologist salon license number CE 0024609 was not valid. Respondent subsequently applied for a new Florida cosmetology salon license and on May 12, 1983, salon license number CE 0034670 was issued to Respondent for Esther's Beauty Salon.
Recommendation Based on the foregoing findings and fact and conclusions of law, the fact that the Respondent upon notification by inspector Granowitz that her license was, in fact, delinquent, immediately applied for and obtained a currently active cosmetology salon license, and other mitigating factors, I hereby recommend that Respondent shall pay an administrative fine of $250. RECOMMENDED this 9th day of December, 1983, in Tallahassee, Florida. JAMES E. BRADWELL, 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.
