The Issue Whether Respondents operated their cosmetology salon in violation of the rule then in effect in which each cosmetology salon owner or manager should send to the Board every five (5) years a certificate from a licensed electrician showing that the electrical equipment in said salon is in safe operating condition. Regulation 21F-3.02, of the rules and regulations of the State Board of Cosmetology. Whether Respondents' license should be revoked, annulled, withdrawn or suspended.
Findings Of Fact The witness and Respondents were duly sworn. The Notice of Service and Complaint were entered without objection and marked Exhibit 1. The Election of Remedies and Electrical Certificate were entered into evidence as Exhibit 2 without objection. Respondents held a license as required by Board of Cosmetology Rule 21F-3.02, which was dated 1969. A notice of violation was written up by the Board at the five-year expiration of said license which was in 1974. Since the writing of the violation notice, the Board has rescinded the rule requiring an electrical certificate and Respondnets not having procured a certificate in a timely fashion did not then attempt to secure said certificate inasmuch as the rule had been rescinded.
The Issue Whether Respondent violated Section 477.02(6); 477.15(8); 477.27(1) and (2), F.S. by allowing a person to practice the art of cosmetology in her salon without said person being a registered cosmetologist by the State of Florida.
Findings Of Fact Respondent, Marlene Fletcher, d/b/a the Beauty Parlour, did allow one Victoria Kane to practice the art of cosmetology, to-wit: the giving of a permanent wave to a customer in Respondent's salon at a time in which she held no Florida license. Respondent discussed by long distance telephone the circumstances attending the giving of said permanent wave by the said Victoria Kane. The said Victoria Kane was not in the employ of the Respondent; however, said Victoria Kane was under the control of the Respondent inasmuch as the practice of the art of cosmetology was in the salon of Respondent and at a time in which the Respondent was present.
The Issue Whether Respondent practiced cosmetology in her home without a salon certificate of registration. Whether the certificate of registration for a master cosmetologist held by the Respondent should be revoked.
Findings Of Fact Respondent holds a valid certificate of registration as a master cosmetologist No. 73476. Respondent does not hold a certificate of registration for a salon. Respondent was practicing the art of cosmetology in her home which was not in compliance with the requirements of Section 477.24(7), Florida Statutes. Said residence would not be eligible for a salon registration.
The Issue Whether the license of the Respondent should be revoked, annulled, withdrawn or suspended for allowing students to work in his salon prior to the issuance of a work permit.
Findings Of Fact An Administrative Complaint was filed on May 31, 1977 charging: "That you, said Anthony LaRoche on March 15, 1977 did allow students to work in your salon prior to the issuance of work per- mits Anthony's, Jacksonville, Florida." Anthony LaRoche, Respondent, was the owner of several businesses and has managers to operate his beauty salons. A young man was hired to work in the Respondent's beauty salon to report to work at a subsequent time when the school attended by the cosmetologist would have sufficient time to send his credentials to the office of the State Board and for him to receive his work permit from the State Board. The cosmetologist reported for work and began working and was working at the time of the inspection on March 15, 1977 and had not yet received his work permit although he had previously applied for it. Upon learning of the inspection and the violation, the Respondent immediately sent for the credentials but the work permit was not received for 22 days thereafter. After the Respondent learned that the cosmetologist did not hear from it he ceased doing the work of a cosmetologist until his work permit was received.
Recommendation Send a letter of reprimand to Respondent for failing to ascertain whether an employee was duly certified to work in the salon owned by the Respondent. DONE and ORDERED this 27th day of September, 1971, 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 LaFace & Haggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 Anthony LaRoche, President Anthony LaRoche, Inc. 5566 Ft. Caroline Road Jacksonville, Florida 32211
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.
