The Issue Respondent's alleged violation of Sections 477.02(6), 477.15(8), 477.27(1) & (2), Florida Statutes.
Findings Of Fact Clodoaldo and Olimpia Linares operate the Alinas Beauty Salon, a partnership, at 754 East 1st Avenue, Hialeah, Florida under Certificate of Registration to operate a cosmetology salon number 20143 issued by Petitioner on August 21, 1974. Petitioner's Inspector Miller, accompanied by Inspector Padrick, visited Respondent's salon on October 31 1975, to investigate a report that Respondent had an operator at their shop who was practicing cosmetology without a license. At that time the inspectors discovered Carmen Salvador giving a manicure to a patron. Salvador stated to the inspectors that although she did not have a Florida license to practice cosmetology, she was not employed in the salon. (Testimony of Miller and Padrick) Respondent Olimpia Linares testified that Salvador was her cousin and that while she was waiting for Linares to leave the salon for the evening she filed a patron's nails while Linares was working on the patron's hair. The patron was a friend of Salvador. (Testimony of Linares)
Recommendation That Respondent, Olimpia Linares, be issued a written reprimand for violation of Section 477.27(2), Florida Statutes. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Clodoaldo and Olimpia Linares c/o Alinas Beauty Salon THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 754 East 1 Avenue Hialeah, Florida
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
The Issue Respondent's alleged violations of Sections 477.15(8), 477.231(c) & (2), Florida Statutes, Rules 21F-3.01 & 21F-3.10, Florida Administrative Code. Respondent was furnished notice of hearing and acknowledged receipt of said notice and the administrative complaint. (Exhibit 2)
Findings Of Fact Respondent holds a certificate as a master cosmetologist 0048790 issued by Petitioner on an unspecified date. He also holds a certificate of registration to operate a cosmetology salon license #22903 issued by Petitioner on February 2, 1976. The salon is called Mister Andrew Coiffure, and is located at 1259 East Los Olas Boulevard, Fort Lauderdale, Florida. On January 28, 1976, Petitioner's inspector visited Respondent's place of business, but Respondent was absent. The inspector had visited the shop on previous occasions at which time the Respondent had told him he was in the process of buying the salon, and the inspector had left an application for a state certificate of registration for a cosmetology salon. The inspector noticed there was no sign near the front door indicating that the premises were occupied by beauty or cosmetology salon. There was a card in the window which read "Mister Andrew Coiffure" (Testimony of Rubin). Respondent submitted a letter on his behalf dated June 9, 1976, which stated that he had not owned the salon at the time Petitioner's inspector had provided him with application forms for a state license. He claimed that he had had a card attached to the sign in his window which read "Beauty Salon" on January 28, 1976, but that since the inspector had not been satisfied with the card he has since changed the sign and put up 1 inch decal letters on the door spelling "Beauty Salon" (Exhibit 1). Respondent's application for a salon certificate was executed on January 29, 1976 and received by Petitioner on February 2, 1976.
Recommendation That the allegations against the 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 (904) 488-8675 COPIES FURNISHED: Ronald C. LaFace, Esquire P. O. Box 1752 Tallahassee, Florida Charles R. Gannon c/o Mister Andrew Coiffure 1259 East Las Olas Boulevard Ft. Lauderdale, Florida
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 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.
The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for operating a cosmetology salon without a certificate of registration.
Findings Of Fact An Administrative Complaint was filed against licensee, Virginia Jarnecke, who holds License No. Salon 24158, on the 31st of May, 1977, alleging that she did operate a cosmetology salon without a valid certificate of registration after having been warned and supplied with the proper form in July of 1976 at the La Petite Coiffures in Daytona Beach, Florida. The Respondent filed an Answer on the 24th day of June, 1977, entering a plea of not guilty to the Administrative Complaint. The inspector for the board inspected the Respondent shop in July of 1976 and found that there had been a change in ownership of the salon. She informed the Respondent new owner that the salon registration was nontransferable and that a new registration would have to be applied for and obtained. At that time she left a form designated BC-7 for use of the Respondent. On September 24, 1976 no license had been obtained and a violation of notice was written by the inspector. A license was obtained thereafter in November of 1976. The owner of the shop, Respondent Virginia Jarnecke, had waited to send in her application for registration of said shop until one of the employees obtained a license as master cosmetologist. She did not obtain a registration for the salon until November of 1976 although an application form had been' left by the Petitioner, State Board of Cosmetology, to change the registration from the former owner in July of 1976.
Recommendation Write a letter of reprimand to Respondent for the reason that there was unnecessary delay between the time the Respondent bought subject beauty salon and the time in which application for registration of the salon. DONE and ORDERED this 18th 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. David McFadden, Esquire 100 Seabreeze Boulevard, Suite 210 Daytona Beach, Florida 32018
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.
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 the Respondent should be revoked, annulled, withdrawn or suspended for allowing a cosmetologist to practice cosmetology without the supervision of a master cosmetologist.
Findings Of Fact An Administrative Complaint was filed against Licensee Alice M. Gaskin on May 31, 1976, charging: "That you, said ALICE M. GASKIN on October 5, 1976 did allow a cosmetologist to practice Cosmetology without the supervision of a master cosmetologist at Southside Beauty Salon, Gainesville, Florida." At the time of the inspection a cosmetologist, White Demarional, was practicing the art of cosmetology without being under the supervision of a master cosmetologist. The owner of the shop was the Respondent, Alice M. Gaskin.
Recommendation Suspend the license of Respondent for not more than thirty (30) days. DONE and ORDERED this 23rd day of September, 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: Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302 Alice M. Gaskin 1418 S.E. 4th Avenue Gainesville, Florida 32601
The Issue Whether Respondent, Patsy Arline and Roberta Stein, doing business in a partnership allowed a non-licensed person to practice cosmetology in their beauty salon, to-wit: one Gloria Gann. Whether Respondent's License No. 19208 should be revoked.
Findings Of Fact Notice of Service was entered without objection and marked Exhibit 1. The Complaint with the license attached thereto was entered into evidence as Exhibit 2 without objection. The Respondents were duly sworn. Respondents admit that they allowed a person who was non- registered to practice cosmetology in the salon known as the Yellow Tulip which they own and operate as a partnership under License No. 19208. Respondents did not know of the serious consequences of their act.
The Issue Whether Respondent Joyce McClain practiced cosmetology without the presence and supervision of a master cosmetologist.
Findings Of Fact Two inspectors from the Board of Cosmetology entered the premises of the Seligman & Latz, Inc. beauty salon, d/b/a May Cohen Beauty Salon, late in the evening of September 19, 1974 and observed the Respondent Joyce McClain combing out the hair of a customer. Joyce McClain was not a master cosmetologist at that time and there was no master cosmetologist directly supervising the work of the cosmetologist Joyce McClain. The inspectors for the Board of Cosmetology observed the Respondent working, discussed the work with her, wrote a violation, presented it to her and departed the premises having found no master cosmetologist in the area in which the Respondent Joyce McClain was working or in the area in which the customers were invited to come and in which the employees practiced the art of cosmetology on the customers. The act of combing out the hair of another person is practicing the art of cosmetology as defined in Section 477.03, Florida Statutes.
Recommendation Suspend the license of Respondent cosmetologist Joyce McClain for a period of not less than one (1) 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 C. 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. 75-597 LICENSE NO. 0081516 JOYCE MCCLAIN, Respondent. /
