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 The issue at the hearing was whether Respondent's cosmetology salon license was subject to discipline for alleged violations of Chapter 477, Florida Statutes and the rules promulgated thereunder.
Findings Of Fact The Respondent, Hattie Nesbit, is licensed to practice cosmetology in the State of Florida. The Respondent also holds a Florida cosmetology salon license for her beauty salon, Nesbit's Beauty Salon. 1/ Ms. Nesbit works part-time at her salon. She employs two to three other very experienced licensed cosmetologists. The salon has four beauty stations. Ms. Nesbit's beauty station is the first station after entering the salon premises. The other employees occupy the other stations. They are aware of the Board's rules for the operation and sanitation of a beauty salon. Additionally, Respondent has the Board's sanitation rules posted on the wall of the salon. The salon in general is clean and well-kept. Eileen Thomas, the Petitioner's inspector, conducted a random inspection of the Respondent's salon on February 21, 1989. Ms. Nesbit was not present during the inspection. While there the inspector observed that the container for the deposit of hair was a garbage can located in the back room. The room was closed off from the beauty salon. At the time of the inspection the container had hair in it. The garbage can cover was not on the container and the lid was not located at the time of the inspection. The Board's rules provide that a lid must be kept on the container for the deposit of hair. Respondent's receptacle for the deposit of hair was not maintained in such a manner. Therefore, Respondent is subject to discipline under the Board's rules governing the maintenance of container for the deposit of hair. The inspector, also, observed Ms. Blount, one of the beauticians employed by Respondent, apply chemicals to a patron's hair without using a spatula. Since Ms. Nesbit was not present at the salon she was unaware of the employee's disregard of the Board's rule that all chemicals be applied with a spatula. However, the salon owner is the person responsible for the operation of the salon and is responsible for violations committed by the employees of the salon. Respondent's lack of knowledge only goes to mitigate the penalty which should be imposed for the employee's failure to observe the Board's rules. The evidence showed that Respondent had reasonably instructed her employees on sanitary procedure and required them to follow that procedure. Respondent posted the sanitation rules on the wall of the salon as a reminder of those rules. Respondent's violation is nominal. In light of these facts Respondent should receive a nominal penalty. A letter of reprimand would be an appropriate penalty for this type of violation. Additionally, the inspector observed that the wet sanitizers located in four of the stations at the salon were only one third to one half full of a sanitizing solution. A wet sanitizer is any type of container that is large enough to hold a sanitizing solution in which a comb or brush can be completely immersed for proper sanitation. In this case, the containers provided by Respondent were large enough to allow for the complete immersion of a comb or brush in a sanitizing solution. There were combs and brushes in the wet sanitizers at the four stations. Those combs and brushes were not completely immersed in the sanitizing solution because the solution was low. The Rule on the provision of wet sanitizers does not require that the containers be filled all the time. The rule only requires that the containers be large enough to allow for immersion. The Rule requires only that a comb or brush be immersed prior to its use. The Rule does not require that a comb or brush be immersed all of the time. In this case Respondent provided containers of the correct size. However, no evidence was presented that the Respondent's operators were using the combs or brushes in the wet sanitizers without first properly sanitizing them. The fact that the jars were low in solution at the limited point in time of the inspection does not clearly and convincingly support a conclusion that Respondent's operators were not utilizing proper sanitation procedures before the combs and brushes were used on a customer. Without evidence of such use Respondent cannot be guilty of a violation of the Board's rule on the provision of wet sanitizers and the sanitation of combs or brushes before their use.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board enter a final order reprimanding Respondent for violation of Chapter 477, Florida Statutes and imposing a $25 fine. DONE and ENTERED this 19th day of December, 1989, in Tallahassee, Florida. DIANE CLEAVINGER 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 December, 1989.
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
The Issue Whether the license of Respondent William L. Hamilton should be revoked, annulled, withdrawn or suspended for violation of Section 477.27(5) and 477.17, Florida Statutes, and the rules and regulations promulgated pursuant thereto, to-wit: 21F-3.01 in that said Respondent was charged with operating a cosmetologist salon without a salon license.
Findings Of Fact Respondent William L. Hamilton received notice of this hearing and in his election of remedies stated that the violation notice did not constitute a violation of law and sent a letter of explanation as to the violation notice and stated that he would not attend this hearing. Inspector Madge Evans of the State Board of Cosmetology entered the salon operated by William L. Hamilton as Bill's Hair Shack in Palatka, Florida in which he was doing business without a salon license. Mrs. Evans notified the Respondent that he must apply for an obtain a salon license before operating a beauty salon and left an application form with Respondent. On several occasions the inspector for the Board entered a place of business in which William L. Hamilton was operating a beauty salon without a salon license. The salon license is not transferable from location to location and each location that is to be used as a beauty salon must be certified by the Board and a salon license issued. Respondent Hamilton is not now operating a beauty salon under a valid beauty salon license and salon license No. 22621, which Respondent holds is now invalid inasmuch as the location has burned. He holds personal license No. 62269 which entitles him to practice cosmetology in the State of Florida.
Recommendation Suspend the personal license No. 62269 of Respondent William L. Hamilton for a period of three months for violation of Section 477.15, Florida Statutes and 477.17(s). DONE and ORDERED this 23rd 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 William L. Hamilton Route 1, Box 30 East Palatka, Florida 32301 Mrs. Mary Alice Palmer Post Office Box 9087 Board of Cosmetology Winter Haven, Florida 33880 =================================================================
Findings Of Fact The Respondent plead "no contest" on his election of remedies, but stated that he planned to attend the hearing. The inspector for the Petitioner, State Board of Cosmetology, wrote a violation for the J & B Beauty Corner upon finding a girl shampooing a customer in said salon and upon inquiry found that the girl was not licensed to perform such cosmetology services. The Respondent stated that he did in fact employ said girl but was just trying to help out the young people in his area. He stated that another of his employees allowed the girl to do the shampooing when the shop was very busy on the day the inspection was made. He stated he knew nothing about the incident until after the inspector had left. The girl who was found shampooing without a license and the employee who had allowed her to practice cosmetology were discharged immediately after Respondent learned of the incident.
Recommendation Send a letter of reprimand to Respondent for violating Section 477.02(7), Florida Statutes. 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 William Gassman, Jr. J & B Beauty Corner 4051 Ocean Drive Lauderdale by the Sea, Florida 33308
The Issue Whether Respondent's Deloris Overstreet license should be revoked, annulled, withdrawn or suspended for the reason that she failed to have or to display a certificate of registration.
Findings Of Fact At the time of the inspection by Ms. Artie Mitchell, Respondent had no certificate of registration. Ms. Mitchell left an application form with Respondent and Respondent procured the certificate of registration within fifteen (15) days thereafter. Ms. Overstreet, Respondent, has secured her certificate of registration and has it on display in the beauty shop owned by Respondent doing business as Dee's Beauty Boutique.
The Issue Respondent's alleged violation of Sections 477.02(4), 477.27(1) & 477.15(8), Florida Statutes.
Findings Of Fact Respondent operates a cosmetology salon, Mourine's of Palm Beach, located at 261 Sunrise Avenue, Palm Beach, Florida, under Certificate of Registration to operate a cosmetology salon No. 18118 OB. Petitioner's inspector visited Respondent's salon at 1:30 P.M. on April 23, 1976 at which time she found Respondent working on two patrons. Respondent is not a master cosmetologist and informed the Inspector that her master cosmetologist was out to lunch. After the Inspector has remained on the premises for approximately 45 minutes Respondent stated that the master cosmetologist was not working that day. (Testimony of Padgett) Respondent submitted an affidavit that on the date in question while working in her salon Inspector Padgett found patrons under dryers without the presence of her master cosmetologist who had taken her lunch hour in order to go to the doctor. Respondent stated that she was not working on patrons at this time and had not after the master had left the shop. Respondent further stated that the master operator returned approximately 20 minutes after the inspector had left the premises. (Affidavit of Witmer)
Recommendation That Respondent be issued a written reprimand for violation of Section 477.02(4), Florida Statutes. 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 P.O. Box 1752 Tallahassee, Florida Mourine Witmer 6361 South Atterly K Lantana, Florida 33462 Donald Kohl, Esquire 3003 South Congress Avenue Palm Springs, Florida 33461
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
Findings Of Fact Based upon the oral and documentary evidence adduced at the final hearing and the entire record in this proceeding, the following findings of fact are made: The Respondent is a licensed cosmetologist in the State of Florida, holding license number CE 0043033. Respondent has been continuously licensed since October, 1976. Since May of 1990, Respondent has also held a license as a cosmetology salon owner, license number 0052274, for a salon called B.J. Beauty Images located at 1556 NE 4th Ave. in Fort Lauderdale, Florida. The salon license is scheduled to expire on October 31, 1992. Respondent began operating a salon at 1556 NE 4th Ave. in approximately March of 1990. She was previously operating a duly licensed salon at another location. At the time she moved to the 1556 NE 4th Ave. location, Respondent did not apply for a new salon license. During an inspection in March of 1990, an investigator for Petitioner informed Respondent that she needed to obtain a license for the new location. Petitioner's investigator advised Respondent that she needed to obtain a new license any time she moved her salon. No administrative action was taken against Respondent as a result of operating an unlicensed salon in March of 1990. During a follow up visit in May of 1990, Petitioner's investigator confirmed that Respondent had obtained the necessary salon license. In January of 1992, Petitioner's investigator observed that Respondent's salon had apparently moved to 1546 NE 4th Ave. Respondent's salon is generally open from 5:00 p.m. to 8:00 p.m. on Tuesday through Friday and 10:00 a.m. to 7:00 p.m. on Saturday. Petitioner's investigator was in the neighborhood of Respondent's salon on Friday, January 3 at approximately 2:30 p.m. While the salon was generally not open for business during these hours, Respondent was present at the salon located at 1546 and there was a woman under the hair dryer. In addition, Petitioner's investigator observed that the sign for Respondent's salon had moved from 1556 NE 4th Ave. to 1546 NE 4th Ave. Upon investigation, Petitioner's investigator determined that Respondent had not obtained a license for the 1546 NE 4th Ave. location. The evidence was sufficient to establish that Respondent was operating a salon at 1546 NE 4th Ave. from November of 1991 until May of 1992 without a proper license. Respondent contends that she sent in an application for a license for the 1546 NE 4th Ave. location in December of 1991, but had not received her new license at the time of the inspection in January of 1992. Respondent did not present copies of any correspondence or checks written with respect to the alleged December 1991 application. At the time of the January 1992 inspection, Respondent did not advise Petitioner's inspector that she had submitted an application. Petitioner has no record of an application for a license for the 1556 NE 4th Ave. location until May of 1992. A salon license for this location was issued by Petitioner on May 27, 1992. The evidence was insufficient to establish that Respondent submitted an application in December of 1991 which was lost by Petitioner.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Board of Cosmetology enter a Final Order finding Respondent guilty of violating Sections 477.029(1)(b), Florida Statutes imposing an administrative fine of two hundred dollars ($200) and allowing the Respondent to pay this amount in two (2) payments. DONE and ENTERED this 22nd day of July, 1992, at Tallahassee, Florida. J. STEPHEN MENTON 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 22nd day of July, 1992. Copies furnished: Charles F. Tunnicliff, Bureau Chief Department of Professional Regulation 1940 North Monroe Street Northwood Centre, Suite 60 Tallahassee, Florida 32399-0792 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Northwood Centre, Suite 60 Tallahassee, Florida 32399-0792 Ms. Kaye Howerton, Executive Director Department of Professional Regulation/Board of Cosmetology 1940 North Monroe Street Northwood Centre, Suite 60 Tallahassee, Florida 32399-0792 Brenda Cunningham 1546 NE 4th Ave. Fort Lauderdale, Florida 33305
