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 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 matters, 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 part 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 maid 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 which suspends the license of Respondent for a period of fifteen (15) days based upon the violation found in Count I and dismisses Count II. 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 certificate of registration No. 866914 should be revoked, annulled, suspended or withdrawn for violation of Chapter 477, Florida Statutes, and the rules and regulations promulgated thereunder, for practicing without a license.
Findings Of Fact Receipt for certified mail notifying Respondent of this hearing was offered into evidence as Exhibit 1 and marked without objection. The Election of Remedies, a composite exhibit marked Exhibit 2, was entered as requested without objection. Respondent was charged for practicing cosmetology without a license. Respondent admitted the violation and submitted such plea to the Board which was included in the Board's Exhibit 1. After the violation for which Ms. Gould was noticed and for which this hearing is held, Respondent took the examination for master cosmetologists, passed the examination, and was issued a Florida license.
Recommendation Suspend the certificate of registration Respondent now holds for a period of one (1) week. August 29, 1975 DATE Delphine C. Strickland Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302 Ms. Gertie Campbell 7409 Huntley Avenue Tampa, Florida Ms. Rose Gould 1904 Bruce Street Kissimmee, Florida 32741 Ms. Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087 Winter Haven, Florida 33880 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA FLORIDA STATE BOARD OF COSMETOLOGY State Board of Cosmetology, Complaintant, vs. CASE NO. 75-1016 LICENSE NO. 86691 Rose Gould, Respondent. /
The Issue Whether the Respondents committed the offenses set forth in the respective Administrative Complaints filed in this case and, if so, what disciplinary action should be taken.
Findings Of Fact At all times material hereto, Respondent, Tracey Renee Monroe, was licensed by the Florida Cosmetology Board, and Respondent, Martha Hylton, was licensed by the Florida Cosmetology Board. On or around December 10, 1988, customer, Mary Jean Hampton went to Cora's Beauty Salon in Miami, Florida, to have her hair done by her usual cosmetologist, Martha Hylton. Ms. Hampton had been a regular customer of Ms. Hylton for approximately two years. When Ms. Hampton arrived, Ms. Hylton examined Ms. Hampton's hair, and they both decided that it was time to apply a chemical relaxer to Ms. Hampton's hair. Without performing a test of the chemical's reaction to a strand of Ms. Hampton's hair (strand test), Ms. Hylton proceeded with the application using a chemical she had used previously on Ms. Hampton's hair. When the chemical was removed, a substantial portion of hair in the crown area of Ms. Hampton head broke, leaving her with the appearance of spot balding. Ms. Hampton also suffered from a pre-existing skin condition which Ms. Hylton protected with base. When the breakage was noted, Ms. Hylton conferred with other cosmetologists in the salon and with Ms. Hampton. Ms. Hampton then mentioned that she had recently used a shampoo and conditioner, Flex, which she had not previously used. A decision was made that Respondent, Tracey Renee Monroe, would apply a procedure, bonding, to Ms. Hylton's head. Bonding involves gluing hair to the scalp and weaving the glued hair in with the remaining hair. The damage to Ms. Hampton hair was caused by the chemical relaxer. The proof failed to demonstrate that the bonding procedure contributed to the hair loss. Although performing a strand test prior to any chemical application on the hair is the acceptable procedure, the proof demonstrated that the practice is not consistently followed when a practitioner is familiar with a client's hair as Ms. Hylton knew Ms. Hampton's hair. On balance, the proof fails to demonstrate that either Respondent, Tracey Renee Monroe or that, Respondent, Martha Hylton, committed fraud, deceit, gross negligence, incompetency or misconduct within the intent of the Florida Cosmetology Act.
Recommendation Based on the foregoing findings of fact and conclusions of law, as to Respondent, Martha Hylton, it is RECOMMENDED that the administrative complaint be dismissed.; and Based on the foregoing findings of fact and conclusions of law, as to Respondent, Tracey Renee Monroe, it is RECOMMENDED that the administrative complaint be dismissed. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 25th of August 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 25th day of August 1989. COPIES FURNISHED: Tobi Pam, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0729 James W. Evans, Esquire Post Office Box 420187 Miami, Florida 33142 Ms. Myrtle Aase Executive Director Florida Board of Cosmetology 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0729
