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.
The Issue The issue in this case is whether Respondent's licenses as a cosmetologist and cosmetology salon owner in the State of Florida, should be suspended, revoked or otherwise disciplined for the alleged violations of Chapter 477, Florida Statutes, set forth in the Administrative Complaint.
Findings Of Fact Based upon the oral and documentary evidence adduced at the final hearing and the entire record in this proceeding, the following findings of fact are made. The Respondent is a licensed cosmetologist in the State of Florida, holding license number CL 141038. From April 13, 1987 until October 31, 1990, Respondent also held a license as a cosmetology salon owner, license number CE 0044081. The salon license expired on October 31, 1990 and was not renewed for the 1990-1992 period because the check submitted for payment of the renewal fee was dishonored by the bank for insufficient funds. This case is related to a separate administrative proceeding brought against Veronica Bonani, DPR Case Number 90-4671. In that case, Ms. Bonani was found by the Florida Board of Cosmetology to have been employed by the Respondent as a cosmetologist without a Florida license from January 3, 1990 to March, 1990. After conceding the allegations in that case, Ms. Bonani was fined one hundred dollars ($100). Petitioner has suggested that the complaint against Veronica Bonani was initiated by Respondent, apparently in retribution for Ms. Bonani's terminating her employment with Respondent to take another job. At the hearing in this cause, the Respondent denied that she reported Ms. Bonani to the Department. While this dispute has little bearing on the main issues in this proceeding, the more persuasive evidence was that Respondent reported Ms. Bonani to Petitioner after Ms. Bonani left her employment. The evidence established that the Respondent employed Veronica Bonani as a cosmetologist without a Florida license from January 3, 1990 to March, 1990. Veronica Bonani began seeking licensure by endorsement in Florida sometime in the Fall of 1989. Because of some problems in obtaining the necessary documentation, she experienced delays in obtaining a license. Her formal application for licensure in Florida is dated February 6, 1990 and was filed with Petitioner on February 15, 1990. Veronica Bonani did not receive authorization to practice as a cosmetologist in Florida until April 13, 1990. However, as indicated above, Ms. Bonani began working for Respondent in early January, 1990. Prior to beginning work for Respondent, Ms. Bonani advised Respondent that she was in the process of obtaining a Florida license, but was not yet licensed to practice cosmetology in the State of Florida. Respondent encouraged her to begin work anyway. When an inspector employed by Petitioner entered the Respondent's salon on February 22, 1990, the Respondent instructed Ms. Bonani to hide. However, Ms. Bonani openly revealed her status to the inspector. The inspector indicated during his February 22, 1990 visit that there was no problem with Ms. Bonani's employment since her application was pending and approval seemed imminent. This conclusion was erroneous. Respondent contends that she believed Ms. Bonani was entitled to begin work in Florida since she was in the process of obtaining licensure. However, there was no justifiable basis for Respondent to believe it was legal to employ Ms. Bonani in January, 1990. Indeed, the evidence and circumstances in this case indicate that Respondent was well aware that Ms. Bonani should not have been practicing prior to issuance of her Florida license.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Board of Cosmetology enter a Final Order finding Respondent guilty of violating Sections 477.0265(1)(b)(2), 477.0265(1)(d), 477.029(1)(c) and 477.029(1)(h), Florida Statutes, imposing an administrative fine of three hundred dollars ($300) and allowing the Respondent to pay this amount in three (3) payments. DONE and ENTERED this 18th day of March, 1992, at Tallahassee, Florida. J. STEPHEN MENTON 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 March, 1992. APPENDIX TO RECOMMENDED ORDER Only Petitioner submitted proposed findings of fact. The following constitutes my rulings on those proposals. The Petitioner's Proposed Findings of Fact: Proposed Finding Paragraph Number in the Findings of Fact of Fact Number in the Recommended Order Where Accepted or Reason for Rejection. Subordinate to Findings of Fact 1. Subordinate to Findings of Fact 2. Subordinate to Findings of Fact 3 and 4. Subordinate to Findings of Fact 4, 5, 6 and 7. Copies furnished: Renee Alsobrook, Senior Attorney Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792 Steven Lulich P.O. Box 1390 Sebastian, Florida 32978 Jack McRay, General Counsel Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792 Kaye Howerton, Executive Director Department of Professional Regulation/Board of Cosmetology Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792
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
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
The Issue Whether Respondent violated Sections 477.21(1); 477-15(8) and 477.02(4), Florida Statutes, by operating a cosmetology salon on at least three different occasions to-wit: January 23, 1975, January 24, 1975 and January 30, 1975, without the direct supervision of a master cosmetologist.
Findings Of Fact Notice of this hearing was served on Respondent. The Division of Administrative Hearings has jurisdiction over the proceeding. Respondent holds a current cosmetology salon license No. 14954 and cosmetologist license No. 68986 Respondent, by her own written admission, has, on January 23, January 24 and January 30, 1975, operated her salon without the supervision of a master cosmetologist.
