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 Whether Respondent's license should be revoked, annulled, withdrawn, or suspended, or whether some other disciplinary action should be taken.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 Respondent's alleged violation of Section 477.14(1) & 477.17, Florida Statutes. Receipt of Administrative Complaint and Notice of Hearing was acknowledged by Respondent. (Exhibit 1)
Findings Of Fact On May 20, 1975, Respondent was employed at the Elizabeth Arden cosmetology salon, 340 Miracle Mile, Coral Gables, Florida. This salon operates under Certificate of Registration No. 21626 issued by Petitioner on May 8, 1975. Petitioner's inspector had seen an ad in the Miami Herald to the effect that Respondent was employed at that establishment and she was aware of the fact that he did not hold a current cosmetologist license. She visited him on May 20, 1975 and he stated at that time that he had applied for a license. The inspector checked with Petitioner's records personnel and discovered that his license had not been renewed at that time. (Testimony of Padrick) Respondent submitted letters dated June 25, 1976 in which he stated that he had planned to attend his hearing but was unable to do so because of illness in the family. He further stated that he had been a licensed cosmetologist in the State of Florida for over 20 years, and previously one in Illinois for over six (6) years. He stated that he had severe medical problems and went out of the beauty field for approximately two years and when the job opportunity at Elizabeth Arden came along he forwarded a check for $35.00 to Petitioner to reinstate his cosmetology Certificate and that when Petitioner's inspector entered the shop on May 20, 1975, his new license had not yet been received. However, he did show her the check stub. They then jointly called Petitioner's Winter Haven office and he was advised that the check had not been received but that he should send a money order and his old license stub. He did so and his license was received on June 14, 1975. (Statement of Respondent)
Recommendation That the allegation against Respondent be dismissed. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Robert Wintermute c/o Elizabeth Arden 340 Miracle Mile Coral Gables, Florida
The Issue Whether Respondent Margrea Hudson allowed a nonlicensed person to practice cosmetology in her salon d/b/a Margrea's Beauty Salon in Lakeland, Florida.
Findings Of Fact A copy of the Administrative Complaint with Election of Remedies, Salon License No.l 6766, and the receipt for certified mail were received into evidence without objection and marked Composite Exhibit 1. Respondent admitted that she was guilty of the violation charged.
Findings Of Fact At all times material to this proceeding, the Respondent was the owner of Palm Beauty Salon located at 5084 N.E. 2nd Avenue, Miami, Florida. At all times material to this proceeding, Respondent Fanfan was licensed to operate Palm Beauty Salon as a cosmetology salon, having been issued Florida Cosmetology salon license number CE 0038205. Respondent Fanfan was not licensed to practice cosmetology in the State of Florida at any time. On August 19, 1985, Sharon Banks Geter (Geter), inspector for the Petitioner, inspected the Palm Beauty Salon and was accompanied by another inspector, Anthony Destro (Destro). At the time of the inspection on August 19, 1985, Adelaide Baltazar (Baltazar) and Myrtha Janvier (Janvier) were found to be performing cosmetology services in the Palm Beauty Salon. However, the evidence was insufficient to prove that Baltazar and Janvier were employed by Respondent Fanfan. Neither the Respondent nor Marie Herard (Herard) the manager of Palm Beauty Salon, were present when Geter and Destro inspected the Palm Beauty Salon on August 19, 1985. At all times material to this proceeding, Baltazar and Janvier were not licensed to practice cosmetology in the State of Florida.
Recommendation Based upon the Findings of Fact and Conclusions of Law recited herein, it is RECOMMENDED that the Board of Cosmetology enter a final order DISMISSING the Administrative Complaint filed against Respondent Fanfan. Respectfully submitted and entered this 16th day of May, 1986, 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 16th day of May, 1986. COPIES FURNISHED: Jane Shaeffer, Esq. Department of Professional Regulation 130 North Monroe Street Tallahassee, F1 32301 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, F1 32301 Salvatore A. Carpino General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, F1 32301 Bernard D. Fanfan Palm Beauty Salon 1323 NE 178 Street North Miami Beach, FL 33162 Myrtle Aase Executive Director Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32301 APPENDIX The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the Petitioner in this case. Rulings on Proposed Findings of Fact Submitted by the Petitioner Adopted in Finding of Fact 1. Adopted in Finding of Fact 2. Rejected as irrelevant and immaterial. Rejected as irrelevant and immaterial. Adopted in Findings of Fact 4 and 5. Adopted in Finding of Fact 7. Respondent Did Not Submit Any Proposed Findings of Fact
The Issue Whether Respondent practiced cosmetology in a salon in Florida without a Florida cosmetologist license as required by Chapter 477, Florida Statutes. Whether Respondent's license should be revoked, annulled, withdrawn or suspended.
Findings Of Fact Respondent admitted the violation of Chapter 477, Florida Statutes, as charged by the Florida State Board of Cosmetology. Respondent practiced cosmetology without a Florida license. Respondent now has a current Florida Cosmetologist License No. 19649.
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.
The Issue The issue in this case is whether the Respondent has violated Section 477.029(1)(c), Florida Statutes, by employing an unlicensed person to practice cosmetology.
Findings Of Fact At all times material to this case the Respondent, Marie Kettly Prezeau, d/b/a Kettly's Beauty Salon, has been licensed to practice cosmetology and operate a cosmetology salon in the State of Florida, having previously been issued licenses numbered CL 0150329 and CE 0039773. At all times material to this case, the Respondent has owned and operated a cosmetology salon named Kettly's Beauty Salon which is located at 8303 Northeast 2nd Avenue, Miami, Florida, 33137. On November 19, 1991, a routine inspection of Kettly's Beauty Salon was conducted by an inspector for the Department of Professional Regulation. Upon arrival at Kettley's Beauty Salon, the inspector found the door was locked and he had to knock in order to gain entrance to the licensed premises. The door to the beauty salon was opened by a person who was later identified as Ms. Marc Kettlyne. When the inspector entered the licensed premises, he observed six people inside the beauty salon; five people who appeared to be customers and Marc Kettlyne, who appeared to be in charge of the beauty salon. Two of the people who appeared to be customers were sitting in beauty chairs and the other three were sitting under driers. The owner of the beauty salon was not present when the inspector arrived. The inspector had difficulty communicating with Ms. Marc Kettlyne because the latter did not appear to speak English. Through one of the customers who volunteered to serve as translator, the inspector explained who he was, stated the purpose of his visit, and made various inquiries of Ms. Marc Kettlyne. Shortly after the arrival of the inspector, Ms. Marc Kettlyne made a telephone call in a foreign language. The customer who served as the volunteer translator explained to the inspector that Ms. Kettlyne had made a phone call to the owner of the beauty salon. The inspector waited in the beauty salon for approximately forty minutes before the owner of the beauty salon appeared. While he was waiting, the inspector saw Ms. Marc Kettlyne spraying a clear liquid on the hair of a customer and also saw her arranging the customer's hair in rollers. The inspector asked Ms. Marc Kettlyne to show him her cosmetology license. Ms. Kettlyne explained that she did not have a cosmetology license. The inspector then asked Ms. Kettlyne for identification. Ms. Kettlyne showed the inspector what appeared to be a valid Florida drivers license which showed her name to be Marc Kettlyne. Ms. Marc Kettlyne has never been licensed to practice cosmetology in the State of Florida. When the Respondent finally arrived at the beauty salon, she became very confrontational and belligerent with the inspector. The Respondent denied that Ms. Marc Kettlyne ever performed any cosmetology services in the beauty salon. The Respondent also said that she herself had performed all of the cosmetology services on the five customers who were present when the inspector arrived, and that she had merely stepped out for a few minutes to pay a bill. 1/
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that the Board of Cosmetology issue a Final Order in this case concluding that the Respondent, Marie Kettly Prezeau, has violated Section 477.029(1)(c), Florida Statutes, and imposing a penalty consisting of a period of probation for one year and an administrative fine in the amount of $500.00. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 3rd day of August 1992. MICHAEL M. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SC 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of August 1992.
