The Issue Whether the certificate of registration of Respondent should be revoked, annulled, withdrawn or suspended for the reason that Respondent, Arguster Jackson, did work as a master cosmetologist without a valid certificate of registration.
Findings Of Fact A copy of the Complaint with attached license, the certificate, and receipt for certified mail were entered into evidence as requested and marked Exhibit 1 without objection. Respondent entered a guilty plea, a copy of which was entered into evidence as requested without objection and marked Exhibit 2. Respondent Jackson did operate without a current registration required by Chapter 477, Florida Statutes. Respondent secured her master cosmetologist certificate within a time laps after the filing of this Complaint.
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 The issues here concern an Administrative Complaint brought by Petitioner against Respondent alleging that Respondent is guilty of misconduct within the meaning of Subsection 477.028(2)(b), Florida Statutes, and has violated Subsection 477.029(1)(c), Florida Statutes, by allowing an employee to practice cosmetology without being duly licensed as provided by Chapter 477, Florida Statutes.
Findings Of Fact Toni M. Farmer, presently holds an active cosmetology license issued by Petitioner, License No. CL0062662, for the period July 19, 1982, through June 30, 1984. Between May 6, 1980, and July 6, 1981, Farmer worked as a cosmetologist in a salon operated by Shear Pleasure, Inc., in Jacksonville, Duval County, Florida. Shear Pleasure, Inc., is the holder of License No. CE0027634. Beginning July 13, 1981, to the present Farmer has worked as a cosmetologist in the salon, Josef and Charles, Inc., d/b/a Josef and Charles Styling Salon, License No. CE0022674, located in Orange Park, Florida. When Farmer began her employment with Shear Pleasure she had a current and valid cosmetology license issued by Petitioner, which license expired June 30, 1980. Around August 18, 1980, Farmer forwarded a cashier's check made payable to the Board of Cosmetology for purposes of renewing her delinquent cosmetology license. Subsequent to the action on the part of Farmer and in the course of a routine inspection, Jewel Walker, an inspector for Petitioner, noted the fact of expiration of Farmer's license. This took place in 1980. When told that Petitioner had not responded to the renewal request, Walker instructed Farmer to post the indicia of payment of fees, i.e., a copy of the cashier's check of August, 1980, at Farmer's work station in the interim and to check the post office for any return of that cashier's check, due to the fact that Farmer had changed her mailing address following the transmittal of the cashier's check. Farmer made other contacts with the Tallahassee, Florida, office of Petitioner to determine the status of her renewal in 1980. In the beginning of 1981, Farmer spoke with Walker about the renewal, having failed to receive any notification confirming license renewal. (In the course of these maters, Walker had indicated certain logistical problems that were taking place, reference license renewal for cosmetologists.) The owner of Shear Pleasure, Inc., Fontaine LeMaistre, was aware of the efforts on the cart of Farmer to obtain license renewal and allowed her to continue as an employee during her tenure. When Farmer took a position with Josef and Charles, her employer was made aware of the fact that she did not have the license document and the employer was made aware of the efforts which Farmer had made to obtain the license. On August 11, 1981, Farmer requested the Florida First National Bank of Jacksonville, which had issued the August 18, 1980, cashier's check to stop payment on that check, based upon the fact that the payee, Petitioner, had not cashed the check. This request was honored and on August 13, 1981, a cashier's check was issued to Toni M. Farmer in the like amount of thirty-five dollars ($35.00), which check was subsequently cashed by Farmer. On May 12, 1982, Charles Coats, an investigator with Petitioner, made an inspection of the Orange Park business of Josef and Charles and discovered that Farmer was without a license. At that time, a copy of the original thirty- five dollar ($35.00) check written to the Board of Cosmetology was shown to Coats. Farmer related the circumstances involving efforts which she had made to obtain the license. Following this conversation, and specifically in June, 1982, Farmer paid the necessary fees and offered required credentials which allowed her license to be renewed, effective July 19, 1982.
Recommendation Based upon a full consideration of the facts found, conclusions of law reached and being otherwise informed, it is RECOMMENDED: That a final order be entered authorizing the issuance of a letter of reprimand to the Respondent. DONE and ENTERED this 29th day of December, 1982, in Tallahassee, Florida. CHARLES C. ADAMS, 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 29th day of December, 1982.
The Issue Whether the Respondent committed the offenses set forth in the Administrative Complaint filed in this case and, if so, what disciplinary action should be taken.
Findings Of Fact At all times material hereto, Jerrold D. Bass was owner and president of J. D. Bass & Company, Inc., which held cosmetology license number CE 0040858. On or around November 2, 1988, Respondent employed Mr. Thomas J. Tilelli to practice cosmetology. Mr. Tilelli's license to practice cosmetology had expired on approximately July 1, 1988. On or around November 2, 1988, and , again, on or around January 6, 1989, combs and brushes were out on work stations at the salon. However, the proof fails to support the Petitioner's contention that combs and brushes were dirty and were used on more that one patron without sanitizing them between patrons. Rather, the combs and brushes were in use on each occasion and were not used on more than one patron of the salon without being sanitized between each patron. On balance, the proof fails to demonstrate that Respondent committed any sanitary violations. But, by employing Mr. Tilelli with his expired license and by allowing him to practice without a valid license, Respondent did violate the provisions of the Florida Cosmetology Act.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED the a final order be entered imposing on Respondent an administrative fine of $200. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 30th day of June 1989. JANE C. HAYMAN 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 30th day of June 1989. COPIES FURNISHED: Tobi Pam, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0729 Jerrold D. Bass 5579 North University Drive Lauderhill, Florida 33321 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0729
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 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 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
