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The Issue Whether the licenses of Evelyn Moten d/b/a Evelyn's Beauty Salon should be revoked, annulled, withdrawn or suspended for violation of Chapter 477, Florida Statutes, and the rules and regulations promulgated pursuant thereto,to wit: 21F-3.08; 21F-3.01, Florida Administrative Code, in that the Respondent Evelyn Moten did operate a cosmetology salon without a salon license and the equipment of the salon did not include a wet sterilizer.
Findings Of Fact The inspector for the Petitioner Board of Cosmetology, Ardie Smiley Collins, entered the salon of Respondent on or about December 17, 1975 at which time the Respondent Evelyn Moten did not have a salon license and the salon was not equipped with a wet sterilizer. Respondent received notice of this hearing and is present and has applied for a salon license in a different location than the location in which the violation notice was written. Respondent Evelyn Moten admits that she was operating a salon at the time of inspection without a salon license and that her salon was not equipped with the required wet sterilizer.
Recommendation Suspend the personal and salon license of Respondent Evelyn Moten for a period of thirty (30) days. 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 Evelyn Moten 560 2nd Avenue Daytona Beach, Florida 32014
The Issue The issue for consideration in this case was whether Respondent, Nikki Gamber, should be disciplined by the Board of Cosmetology for the matters set out in the Administrative Complaint.
Findings Of Fact On December 14, 1990, Frank Paolella, an investigator with the Department of Professional Regulation, went to Booth 85 in a Flea Market in Fort Myers, Florida, to investigate a complaint of unlicensed activity purportedly going on there. When he arrived, he asked for the owner, Ms. Gamber, who was present with an employee. He told her why he was there and since she was then working on someone's nails, waited for her to finish. While he was waiting, he observed Respondent's employee, Nikkae Jurgens, applying false nails to another customer. This involved sanding and buffing the client's natural nails before applying the false ones. When he brought all this to the attention of the Respondent, she freely admitted she was engaged in unlawful activity but claimed she was not aware that Ms. Jurgens, who was only two feet away from her, was also doing it. When he brought it to her attention, Respondent said she would tell Ms. Jurgens to stop. Ms. Jurgens indicated that she did not have any identification on her but that Respondent had it all. When Mr. Paolella asked Respondent for it, she said she would provide it later. When she did do so later, by phone, she also said that Ms. Jurgens had been working for her for about 7 to 10 days. Mr. Paolella checked on the licensure status of both Respondent and Ms. Jurgens and determined that neither had a license to do this type or work, nor did either hold a salonlicense. The operation was a booth in a flea market - a counter with two chairs for clients. There was no sanitary equipment there, no disinfectant for implements, and no closed compartments for storing clean supplies and equipment. Mr. Paolella's investigation revealed that Respondent's booth is open for business only on Fridays, Saturdays, and Sundays, but whenever he went there before December 14, 1990, she was never there. As of August 22, 1991, the owner of the Flea Market where Respondent had operated indicated she was no longer in business there. Records of the Department show that Ms. Gamber held neither a cosmetologist's license or a cosmetology salon license during the time in question, nor did Ms. Jurgens, her employee. It is so found.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore recommended that a Final Order be issued by the Board of Cosmetology imposing a fine of $500.00 for each of the two violations established as outlined in the Administrative Complaint filed herein. RECOMMENDED in Tallahassee, Florida this 27th day of September, 1991. ARNOLD H. POLLOCK 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 27th day of September, 1991. COPIES FURNISHED: Mark E. Harris Paralegal Specialist Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Nikki Gamber P.O. Box 8155 Sarasota, Florida 34278 Jack McRay General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Kaye Howerton Executive Director Board of Cosmetology Northwood Centre 1940 North Monroe Street Tallahassee. Florida 32399-0792
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 On April 28, 1968, the Respondent, Elke H. M. Richey, was issued cosmetology license number CL 0060439 by the Florida Board of Cosmetology. The Respondent renewed this license as required until June 30, 1982. However, during the period from July 1, 1982, through January 10, 1983, the Respondent did not hold an active license to practice cosmetology. On November 18, 1982, Agostino Lucente, an inspector employed by the Department of Professional Regulation, went to the premises of a business named Hair Fashions by Elke, located at 1790 State Road 13, Switzerland, Florida to conduct an inspection. This business was selected for inspection because it appeared on a list of cosmetology salons whose licenses were not current. The Respondent was present during this inspection, and she admitted that she was the owner of the salon. Although the Respondent was not actually observed performing any cosmetology services, the inspector observed the Respondent make appointments for such services by telephone and with persons who came in. In addition, there was on the premises equipment used in the practice of cosmetology such as hair dryers and shampoo stations, hair rollers, creams and lotions. There was an exterior sign advertising Hair Fashions by Elke, there were business cards available for distribution inside the premises, the salon was open for business and there was displayed an occupational license with the Respondent's name on it. This evidence supports a finding that the Respondent was engaged in the practice of cosmetology. On November 24, 1980, the Florida Board of Cosmetology issued to the Respondent license number CE 0030890 for a cosmetology salon named Hair Fashions by Elke, located at 1790 State Road 13, Switzerland, Florida. This license expired on June 30, 1982, and it was not in effect when the Respondent's salon was inspected on November 18, 1982. After the inspection of November 18, 1982, the Respondent attempted to renew her cosmetology license number CL 0060439 and her cosmetology salon license number CE 0030890. On January 11, 1983, the Board of Cosmetology issued a renewal of the Respondent's cosmetology license number CL 0060439, but it did not issue to the Respondent a renewal of her cosmetology salon license number CE 0030890, and the Respondent eventually sold Hair Fashions by Elke in August of 1983.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent, Elke H. M. Richey, be found guilty as charged in the Administrative Complaint, and that license number CL 0060439 be suspended for one year as penalty for count one, and that the Board of Cosmetology issue a reprimand to the Respondent, Elke H. M. Richey, as penalty for count two. THIS RECOMMENDED ORDER entered this 9th day of December, 1983. WILLIAM B. THOMAS, 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 9th day of December, 1983. COPIES FURNISHED: Theodore R. Gay, Esquire 130 North Monroe Street Tallahassee, Florida 32301 Elke H. M. Richey 1790 State Road 13 Switzerland, Florida 32043 Myrtle Aase, Executive Director Department of Professional Regulation - Board of Cosmetology 130 North Monroe Street Tallahassee, Florida 32301 Fred M. Roche, Secretary 130 North Monroe Street Tallahassee, Florida 32301
The Issue Respondents' alleged violations of Section 477.02(6), 477.15(8), and 477.27, Florida Statutes.
Findings Of Fact Respondent Corporation operates Aries House of Beauty, 9310 A1A Alternate, Lake Park, Florida, under Certificate of Registration to operate a cosmetology salon number 20754 issued by Petitioner on October 25, 1974. Respondent was advised of the hearing and acknowledged receipt of notice of same. (Exhibit 2) Petitioner's inspector visited Respondent's place of business on January 14, 1976, and observed Van Thi Nguyen giving a patron a shampoo and set on the premises. She acknowledged to the Inspector that she had no Florida state license to practice cosmetology. (Testimony of Padgett) Respondents' Officers, Patricia J. Cantrell & Sharon J. Riseling, submitted a letter prior to the hearing in which it was conceded that they had employed a non-licensed beautician under the mistaken belief that she had a Florida license. The letter indicated that the employee had impressive credentials as a cosmetologist and had possessed an Illinois license. They did not see a Florida license. The employee now holds Florida license number 022943. (Exhibit 1)
Recommendation That Respondent be issued a written reprimand for violation of Section 477.02(6), Florida Statutes. 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 Patricia J. Cantrell & Sharon Riseling c/o Aries House of Beauty 9310 A1A Alternate Lake Park, Florida
The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for employing a student without a permit to work who had not yet taken the state board examination for cosmetologists.
Findings Of Fact Elaine York is the owner and operator of the Act II Salon of Beauty. Mary Mainello, also called Kathy Mainello, is employed to work in he subject beauty salon. At the time of the inspection Miss Mainello had not yet obtained her work permit and had not taken the state board examination or been licensed to practice cosmetology. She told the inspector that she had been working doing shampoos and sets but that no damage was done. Therefore a violation notice was written against the owner of the salon. At the time of the inspection Miss Mainello was in the beauty shop of Respondent for the purpose of observing and was not on the payroll of the subject beauty salon. Although the inspector did not actually see her work, there was a station for her to work which . had been used at the time of the inspection. She said that she had been observing for a period of two (2) weeks. At the time of the inspection the owner, Mrs. York, was not in the shop, having gone to the bank. The Hearing Officer finds that the student, Mary Mainello, was in fact performing the duties of a cosmetologist, that is, shampooing and setting hair but without the knowledge or permission of the Respondent owner.
Recommendation Write a letter of reprimand for lack of close supervision of the student who should have learned the laws and rules pertaining to cosmetology. DONE and ORDERED this 19th 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 J. Kermit Coble, Esquire Coble, McKinnon, Reynolds, A Rothert, Bohner & Godbee, P.A. Post Office Drawer 9670 Daytona Beach, Florida 32020
The Issue Whether the license of Respondent should be revoked, annulled, suspended or withdrawn for violating the statutes and rules pertaining to cosmetologists by operating a salon at her home without a Florida salon license.
Findings Of Fact The Respondent filed an election of remedies and plead "the facts as alleged are true but do not constitute a violation of law." The Respondent had established a beauty salon in her home prior to March 8, 1974 but was unable to receive a zoning variance to allow her to operate the salon. She was cited by Petitioner for operating a salon without a license which citation is the subject of this hearing. The Respondent is no longer operating a salon in her home and is now a duly licensed cosmetologist practicing in a licensed cosmetology salon. She has been so employed since 1974 and has complied with the laws, rules and regulations since that date.
Recommendation Send a letter of reprimand to Respondent for failure to abide by the statute and rules governing cosmetologists. 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 Ursula Weber 9256 Martinique Drive Miami, Florida 33157
The Issue Respondent's alleged violation of Rule 21f-3.10, Florida Administrative Code. Receipt of the Administrative Complaint and the Notice of Hearing was acknowledged by the Respondent. (Exhibit 1) Counsel for the Petitioner announced at the commencement of the hearing that Respondent's cosmetology salon was out of business and that said Respondent possessed no personal Certificate of Registration as a cosmetologist. Petitioner therefore interposed no objection to dismissal of the allegation.
Recommendation That the allegation against Respondent be dismissed. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida Larry C. Wojtowicz c/o Nancy's Beauty Salon 2931 West Gate Avenue West Palm Beach, Florida
