The Issue Whether Respondent committed the offenses described in the Administrative Complaint? If so, what penalty should be imposed?
Findings Of Fact Based upon the record evidence, the following Findings of Fact are made: Respondent is now, and has been at all times material hereto, the owner and operator of Beauty Salon Mayelin Unisex (Salon), a cosmetology salon located at 1442 Northeast 163rd Street in North Miami Beach, Florida. The Salon was first licensed by the Department on December 19, 1990. Respondent has never been licensed to practice cosmetology in the State of Florida. Her application for licensure is currently pending. Charles E. Frear is an inspector with the Department. On May 16, 1990, Frear went to 1442 Northeast 163rd Street with the intention of inspecting a licensed cosmetology salon operating under the name "Hair to Hair." When he arrived at the address, Frear noticed that the sign outside the establishment reflected that Beauty Salon Mayelin Unisex now occupied the premises. The Salon was open for business. Upon entering the Salon, Frear observed Respondent removing curlers from the hair of a customer who was seated in one of the chairs. 1/ Frear asked Respondent to show him her license to practice cosmetology in the State of Florida. Respondent responded that she did not have such a license yet, but that she was scheduled to take the cosmetology licensure examination later that month. After learning from Respondent that she was the owner of the Salon, Frear asked to see the Salon's license. Respondent thereupon advised Frear that the Salon had not been licensed by the Department. Although she told Frear otherwise, Respondent was aware at the time that a Department-issued cosmetology salon license was required to operate the Salon. Frear gave Respondent an application form to fill out to obtain such a salon license. Respondent subsequently filled out the application form and submitted the completed form to the Department. Thereafter, she received License No. CE 0053509 from the Department to operate the Salon.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the Board of Cosmetology enter a final order (1) finding that Respondent committed the violations of law alleged in the instant Administrative Complaint; and (2) imposing upon Respondent an administrative fine in the amount of $1,000 for having committed these violations. RECOMMENDED in Tallahassee, Leon County, Florida, this 24th day of April, 1991. STUART M. LERNER 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 24th day of April, 1991.
The Issue Whether the Respondent did violate Section 477.02(6); 477.27(1) and Section 477.15(8), Florida Statutes, and the rules and regulations of the State Board of Cosmetology promulgated pursuant there to in that he did allow students to work in the La Marick Beauty Salon, a salon owned by licensee, prior to making application and/or renewing an application for such work from the Board of Cosmetology.
Findings Of Fact Respondent F. W. Lorick, Jr. received notice of this hearing and filed his election of remedies stating no contest and that he did not plan to attend this hearing. Respondent does not personally work in the La Marick Beauty Salon, therefore employs a manager to manage the salon although it is licensed in the company's name. The company of which Respondent is president is one of a chain of beauty salons. Mrs. Madge Edwards, inspector for the State Board of Cosmetology, on or about February 24, 1976 entered Respondent Lorick's beauty salon and found a student working as a cosmetologist. The student was a non-licensed person who held no permit to work in a beauty salon. The inspector wrote a violation which is the subject of this hearing.
Recommendation Advise the Respondent F. W. Lorick, Jr. that he is guilty of violating Chapter 477, Florida Statutes, and rules and regulations promulgated thereto and that if other violations occur, his license may be revoked, annulled, withdrawn or suspended. DONE and ORDERED this 19th day of August, 1976 in Tallahassee, Florida. 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 Mr. F. W. Lorick, Jr., President La Marick Beauty Salon 2350 S. Ridgewood Avenue - Sunshine Mall South Daytona, Florida
The Issue Respondent's alleged violations of Section 477.02(4) & 477.15, Florida Statutes.
Findings Of Fact Respondent operates Kemp's Beauty Salon, 404 N.E. 10th Street, Boynton Beach, Florida, under Certificate of Registration Number 16286 to operate a cosmetology salon issued by Petitioner on November 18, 1971. (Stipulation). On May 22, 1975, Petitioner's inspector visited Respondent's salon and observed a man styling the hair of a patron. On May 23, the Inspector returned and observed the same man doing the same thing. He informed her that he did not have a state license. Respondent was not present on either occasion. (Testimony of Jennings) Respondent testified at the hearing that he had had no idea that the individual in question, who was a patron of the shop, was going to work on customers. On May 23rd Respondent had left the shop to have lunch. (Testimony of Kemp).
Recommendation That Respondent's salon license 16286 be suspended for a period of 30 days. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Thomas Kemp Kemp's Beauty Salon 404 N.E. 10 Street Boynton Beach, Florida
Findings Of Fact Based upon the record evidence, the following Findings of Fact are made: Respondent has been licensed to practice cosmetology in the State of Florida since August 13, 1979. He currently holds license number CL 0110182, which has an expiration date of June 30, 1992. Respondent is now, and has been at all times material hereto, the owner and operator of Best Cuts, Inc. (Best Cuts), a licensed cosmetology salon located at 5331 West Atlantic Boulevard in Margate, Florida. In late October, 1990 or early November, 1990, Luis Villate applied and interviewed for a hair stylist position at Best Cuts. During the interview, Respondent asked if Villate was licensed to practice cosmetology in the State of Florida. In response to this inquiry, Villate showed Respondent a completed State of Florida application for licensure by examination. The application contained a certification, dated January 6, 1990, and signed by the Educational Supervisor of the cosmetology school Villate had attended, that Villate met the educational and training requirements for eligibility to sit for the cosmetology licensure examination. Following the interview, Respondent telephoned the Department's offices in Tallahassee to find out if there was any legal impediment to his hiring Villate to work as a hair stylist at Best Cuts. Respondent explained to the Department representative with whom he spoke that Villate had "all his hours" of schooling and training and that he had applied for a cosmetology license. The representative told Respondent that, if such were the circumstances, it would be permissible for Respondent to employ Villate at his salon. 1/ Respondent shortly thereafter hired Villate to work at Best Cuts. The representations made to him by the Department representative did not play a role in his decision to hire Villate. Because he desperately needed a competent hair stylist to work at the salon, he would have hired Villate even if he had been told that Villate's unlicensed status rendered him ineligible for lawful employment. Villate remained an employee of Best Cuts for approximately two months, until December 4, 1991. During the period of his employment, Villate cut, washed and blow dried customers' hair. At no time during this period was he licensed to practice cosmetology in the State of Florida. The termination of Villate's employment with Best Cuts was precipitated by an inspection of the salon made by Louis Morganstern, an inspector with the Department, on December 3 and 4, 1990. During the first day of his inspection, Morganstern observed Villate cutting the hair of a customer. Upon his return to the office, Morganstern ran a computer check on Villate, which revealed that Villate had taken and failed the licensure examination and therefore was still unlicensed. The following day, at Morganstern's request, Villate signed a document agreeing to "cease and desist" from the practice of cosmetology in the State of Florida.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the Board of Cosmetology enter a final order (1) finding that Respondent committed the violation of law alleged in the Administrative Complaint; and (2) imposing upon Respondent an administrative fine in the amount of $100 for having committed this violation. RECOMMENDED in Tallahassee, Leon County, Florida, this 19th day of August, 1991. STUART M. LERNER 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 19th day of August, 1991.
Findings Of Fact Respondent plead guilty of the charge of operating a beauty salon without a certificate of registration. She stated that she lad height the salon known as Styles by Stallone believing that it was a licensed cosmetology salon, but in fact the owner of the salon was barber and the salon was licensed as barber salon. The salon is now licensed and the name has been changed top Male Ego.
Recommendation Send a letter of reprimand to Respondent for operating a beauty salon without the proper registration. 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 Eileen Warren 601 B. Northlake Boulevard North Palm Beach 33408
The Issue The issue in this case is whether any disciplinary action should be taken against Respondent's cosmetology salon license.
Findings Of Fact Respondent is the owner and operator of a cosmetology salon known as "Reflections of You" located in Tallahassee, Florida. Respondent had purchased the salon from the previous owners. Randall Smith was an inspector for the Department of Business and Professional Regulation, whose duties included the inspections of cosmetology salons. On December 24, 1994, Inspector Randall Smith conducted a routine inspection of Reflections of You. The salon was open to the public, and employees were present. Respondent was present during the inspection. During the inspection Respondent admitted to having problems with the previous owners on the purchase of the salon and thought that her lawyer had taken care of all the necessary requirements to own the business. Respondent believed that the transfer included the proper transfer of the salon license. However, Respondent had not been issued a new salon license listing her as the new owner after her purchase. After concluding his discussion with a representative from the Cosmetology Board office, Inspector Randall Smith wrote a Uniform Citation and served it on the Respondent by hand delivery. The Uniform Citation served on the Respondent indicated a fine in the amount of five hundred (500.00) dollars for failure to have a proper salon license. Respondent neither paid the citation nor challenged the fine contained in the citation. The citation therefore became a Final Order of the Board of Cosmetology on February 1, 1995 by operation of law. In mitigation of her failure to transfer her license, Respondent applied and paid fifty-five (55) dollars for a new salon license on December 24, 1994, the day after the inspection by Randall Smith, and was issued a new salon license. Presumably, Respondent's cosmetologist license was current.
Recommendation Based upon the findings of fact and the conclusions of law, it is, RECOMMENDED: That the Board of Cosmetology enter a Final Order finding Respondent guilty of violating Section 477.029(1)(i), Florida Statutes and guilty of violating Section 477.025(7), Florida Statutes and imposing a fifty (50.00) dollar fine for the two violations. DONE and ENTERED this 26th day of August, 1996, in Tallahassee, Leon County, Florida. DIANNE CLEAVINGER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SUNCOM 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of August, 1996.
The Issue Whether Seligman and Latz, Inc., d/b/a May Cohen Beauty Salon did operate a cosmetology salon without the presence and supervision of a master cosmetologist in violation of Sections 477.27(1), 477.15(8), and 477.02(4), Florida Statutes.
Findings Of Fact Notice of this hearing was duly served on Respondent and Counsel for both parties were present. The Division of Administrative Hearings, Department of Administration has jurisdiction over the proceedings. Respondent holds a current cosmetologist salon license Number 7150. Two inspectors from the Board of Cosmetology entered the premises of the Respondent Seligman and Latz, Inc. late in the evening on September 19, 1974 and observed the Respondents' employee Joyce McClain practicing the art of cosmetology, to wit: combing out the hair of a customer. The employee, Joyce McClain, was not a master cosmetologist at the time. The inspectors for the Board observed the employee, discussed the violation with her and wrote a violation, presented it to her and left the premises, having inspected the area which was used as the public space in which the customers were invited and which the employees performed services for and on the customers. No master cosmetologist was in the room in which the employee, Joyce McClain, was arranging the hair of a customer and no master cosmetologist was in direct supervision of the salon at the time the inspectors were inspecting the salon as a part of their employment by the Board of Cosmetology. The Hearing Officer further finds upon consideration of all the facts and the evidence that the violation by the employee, Joyce McClain, to wit: combing and arranging the hair of a customer while a master cosmetologist was not present and was not directly supervising the operation is contrary to the requirements of Section 477.04, F.S. The Hearing Officer further finds that the time of the inspection was late in the day; that the Work being done by the cosmetologist, Joyce McClain, was not an inherently dangerous procedure; that the salon had master cosmetologists in its employment although said master cosmetologists were not in direct supervision of the cosmetologist at the time of the inspection; that the comb-out or combing and arranging of the hair of a customer is the practice of cosmetology as defined in Section 477.03(e), F.S.: "(e) Hairdressing or the arranging, waving, dressing, curling, cleansing, thinning, cutting, singeing, bobbing, bleaching, tinting, coloring, steaming, straightening, dyeing, brushing, beautifying or otherwise treating by any means the hair of any person."
Recommendation Suspend the license of Respondent or not less than one day and not more than thirty (30) days. DONE and ORDERED this 29th day of January, 1976. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald G. LaFace, Esquire Counsel for Petitioner John R. Forbes, Esquire Counsel for Respondent ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA FLORIDA STATE BOARD OF COSMETOLOGY BOARD OF COSMETOLOGY, Petitioner, vs. CASE NO. 75-594 LICENSE NO. 7150 SELIGMAN & LATZ, INC., d/b/a May Cohen Beauty Salon, Respondent. /
Findings Of Fact Patricia Strange began as a cosmetologist in North Carolina in 1966. Since October of 1977 she has practiced cosmetology in Panama City, Florida. The administrative complaint filed in the present case is the first complaint ever made by any public authority against her as a cosmetologist. Ms. Strange holds cosmetology license No. CL0059441. Petitioner's Exhibit No. 1. On November 13, 1970, the State Board of Cosmetology issued a "Certificate of Registration To Operate A Cosmetology Salon," No. 14877, for Pat's Petite Beauty Salon, 1848 Beck Avenue, Panama City, Florida. Under this license, respondent Strange operated a beauty salon for ten or eleven years. In early 1981, the building in which respondent operated her salon was sold, and she was asked to move the salon. She was given one month's notice that the salon lease, which expired April 30, 1981, would not be renewed. During the busy month that ensued, she effected a move to a new building at 2347 St. Andrews Boulevard in Panama City, where she opened for business under the name St. Lynn Gallery of Hair Design on the first Wednesday in May of 1981. She inquired about her city occupational license and was told that she need not worry about getting another until her current occupational license expired. Respondent was unaware of any requirement to obtain a new salon license from petitioner, until August 20, 1981. Charles I. Deckard, an investigator in petitioner's employ, called on respondent on August 20, 1981. When she showed him the salon license, he told her she needed to secure another license for the new location and issued a citation. The very next day respondent closed her shop, telephoned petitioner's Tallahassee office to inquire what documents she would need to secure a new salon license, gathered up all such documents, and made the trip to Tallahassee. She took with her a $40 cashier's check in petitioner's favor, as payment for a new salon license, dated August 21, 1981. Respondent's Exhibit No. 2. Petitioner then issued a new cosmetology salon license to respondent for St. Lynn Gallery of Hair Design.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the Board of Cosmetology reprimand respondent. DONE AND ENTERED this 20th day of August, 1982, in Tallahassee, Florida. ROBERT T. BENTON, II 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 20th day of August, 1982. COPIES FURNISHED: Drucilla E. Bell, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Russell R. Stewart, Esquire Post Office Box 2542 Panama City, Florida 32401 Myrtle Aase, Executive Director Board of Cosmetology 130 North Monroe Street Tallahassee, Florida 32301 Samuel R. Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether Respondent, a cosmetology salon, permitted an unlicensed person to perform cosmetology services as alleged in the Administrative Complaint, dated April 24, 2007, and, if so, what disciplinary action should be taken against Respondent's license.
Findings Of Fact Based on the evidence and the entire record in this proceeding, the following findings of fact are found: At all times material hereto, Respondent was licensed and regulated by Petitioner, Department of Business and Professional Regulation, as a cosmetology salon owned by Immacula Evans. Respondent is a licensed cosmetology salon, license number CE9966208, whose address of record with Petitioner is 11329 North Nebraska Avenue, Tampa, Florida 33612. At all times material hereto, John R. Miranda was employed by the Petitioner as an Inspector. On or about March 8, 2006, Miranda conducted an inspection of Respondent's establishment located at 11329 North Nebraska Avenue, Tampa, Florida. Miranda observed that an unidentified male was practicing cosmetology without a license. A citation was personally issued to Respondent's owner. On or about March 17, 2006, Miranda conducted a re- inspection of Respondent's establishment. In the course of this inspection, Miranda observed that Pierre Elionze was practicing cosmetology without a license. A citation was issued to Respondent. On or about March 24, 2006, Miranda conducted another inspection of Respondent's establishment. In the course of this inspection, Miranda observed that Dwight Booquet, Christine Marc, and Moveta S. Swalters were each practicing cosmetology without a license. A citation was issued to Respondent. On or about June 7, 2006, Miranda conducted a further inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet was again practicing cosmetology without a license, and a citation was issued. On or about July 29, 2006, Miranda conducted another inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet yet again practicing cosmetology without a license, and a citation was issued. On or about August 11, 2006, Miranda conducted an inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet was again practicing cosmetology without a license, and a citation was issued. Respondent has engaged in the unlawful and repeated violations of Subsection 477.0265(1), Florida Statutes, between March 8 and August 11, 2006.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Cosmetology enter a final order revoking Respondent's cosmetology establishment license number CE 9966208, and impose an administrative fine in the amount of $5,000. DONE AND ENTERED this 11th day of September, 2007, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE 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 11th day of September, 2007.
Findings Of Fact Petitioner, Department of Professional Regulation, Board of Cosmetology (Board), is charged with the responsibility of regulating the practice of cosmetology. Among its responsibilities are the routine inspections of cosmetology salons to insure that all Board requirements are being met. On January 13, 1988 a Board inspector inspected the premises of From Hair on Etc., a licensed cosmetology salon in Clearwater, Florida. During the course of the inspection, the inspector observed a work station set up for respondent, Kristie J. Wheatley. The inspector also reviewed the salon's appointment book and noted manicure appointments for "Kristie" beginning around October 13, 1987 and continuing until January 19, 1988. However, the inspector did not find a license for respondent, and a subsequent search of Board records revealed that respondent was not registered with the Board. The inspector later talked with respondent by telephone. Respondent acknowledged that she had been employed as a manicurist at the salon since October 1987 and was not registered with the Board. She informed the inspector that she was unaware that the Board had begun enforcing a new law that required manicurists to be registered. According to owners of the salon, respondent performed manicure services in the salon for a three month period from October 1987 until January 1988. She was compensated for these services. In response to their inquiry as to her registration status, Wheatley told them she had filed an application for registration. Later on, she advised them the registration was at her home. When the owners learned from the inspector that respondent was not registered with the Board, her services were terminated.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent be found guilty as charged in the amended administrative complaint, that she be assessed a $150 fine, and that she not be permitted to register with the Board until such fine is paid. DONE and ENTERED this 24th day of February, 1989, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 24th day of February, 1989. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Professional Regulation 130 North Monroe Tallahassee, Florida 32399-0750 Kristie J. Wheatley 14194 Darts Drive Fenton, MI 48430 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 130 North Monroe Tallahassee, Florida 32399-0750 Myrtle Aase, Executive Director Department of Professional Regulation Board of Cosmetology 130 North Monroe Street Tallahassee, Florida 32399-0750
