Findings Of Fact Respondent held a salon registration certificate at the time of this violation. The salon certificate of registration was not displayed inasmuch as the certificate was for a salon from which Respondent had moved and Respondent had not secured a certificate for the salon in which she was operating. Respondent has secured a certificate of registration to operate the beauty salon in which she is not operating. The Notice to appear, Complaint, and receipt for certified mail was entered into evidence as Composite Exhibit 1 without objection.
Recommendation Suspend the certificate of registration of the Respondent for a period of thirty (30) days or less. 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. Artie Leigh Mitchell 427 Roosevelt Avenue Merritt Island, Florida Ms. Bertha Stockton 1717-16th Street, South St. Petersburg, Florida 33712 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. 75-1013 BERTHA STOCKTON, Respondent. /
The Issue Respondent's alleged violations of Rules 21F-3.02, 3.03 and 3.07, Florida Administrative Code. During the course of the hearing, counsel for Petitioner withdrew the alleged violations of Rule 3.03 and 3.07, F.A.C.
Findings Of Fact Respondent Corporation operates a cosmetology salon at 1626 South Federal Highway, Boynton Beach, Florida under Certificate of Registration Number 11579 issued by Petitioner on May 14, 1971. Petitioner's Inspector visited Respondent's salon on February 27, 1976 for a routine inspection. She discovered hair and soiled towels in cabinets at the various stations and observed that the carpeting was littered with hair. In addition, soft drink bottles and coffee cups were found in the area. Respondent's salon has been issued warnings in the past due to unclean conditions. The shop is now in a clean state. (Testimony of Padgett) Respondent's manager testified that some of the employees are natives of Puerto Rico and Cuba and are unaccustomed to the sanitary requirements of the United States thus making it difficult to control conditions. He conceded that the shop was not in proper condition on the date in question merely because that day was a Friday and the shop was quite busy. (Testimony of Wellmann)
Recommendation That Respondent be issued a formal written reprimand for violation of Rule 21f-3.02, Florida Administrative Code. 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 R. Basil Rutter, President Steppe's of Florida, Inc. Box 788 Athens, Ohio
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 The issue presented for decision herein is whether or not Respondent practice cosmetology without being licensed and, if so, what penalty is appropriate.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I make the following relevant factual findings: The Petitioner, Department of Professional Regulation, Board of Cosmetology, is the state agency charged with regulating the practice of cosmetology in Florida. On December 8, 1987, Leonard Baldwin, inspector for Petitioner, inspected a cosmetology salon known as "The Hairstylist" which is located at 8672 Griffin Road, Cooper City, Florida. During inspector Baldwin's routine inspection at that time, Respondent was working at the Hairstylist as a cosmetologist. Respondent had been so employed for approximately two weeks. Respondent was not licensed as a cosmetologist at the time of inspector Baldwin's inspection on December 8, 1987, nor was she licensed at the time of Petitioner's official records search on March 18, 1988. Respondent did not appear at the hearing to contest or otherwise refute the charges that she had engaged in the practice of cosmetology without a license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: Petitioner enter a Final Order imposing an administrative fine against Respondent in the amount of two hundred fifty dollars ($250.00) payable to Petitioner within 30 days of issuance of its Final Order. Respondent be issued a letter of reprimand by Petitioner with guidance instructions. RECOMMENDED this 29th day of September, 1988, in Tallahassee, Florida. JAMES E. BRADWELL 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 September, 1988.
The Issue Whether Respondent should be fined for alleged violations of Chapter 477, Florida Statutes, occurring prior to her licensure.
Findings Of Fact Respondent, Catherine Shepherd, is the owner of a cosmetics studio named Merle Norman Cosmetics. The studio is located at 13275 South 14th Street, Leesburg, Florida 32748. Her primary business is the sale of cosmetics to the public. A very small portion of her business is nail sculpting. Except for the nail sculpting, Respondent is not otherwise subject to the strictures of Chapter 477, Florida Statutes. Respondent, dba Merle Norman, is a licensed cosmetology salon in the State of Florida having been issued license number CE 0048712. Respondent obtained her license January 24, 1989, after Petitioner's investigator informed her that the law required her to have a cosmetology salon license in order to do nails at her establishment. Prior to January 24, 1989, Respondent was not licensed as a cosmetology salon. When the cosmetology statutes were last adopted, Respondent was informed by the Board's investigator that she would have to employ a licensed cosmetologist in order to do nails at her studio. Respondent thence forward employed a licensed nail sculptor to perform this service. However, the Board's investigator did not inform Respondent that she was also required to have a cosmetology salon license to employ a licensed nail sculptor. She was, therefore, unaware that the law required such a license. Respondent operated as a cosmetology salon without a license for approximately two years.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Cosmetology enter a Final Order fining the Respondent one hundred dollars ($100.00). DONE and ENTERED this 18th day of July, 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 18th day of July, 1989. APPENDIX CASE NO. 89-2445 The proposed facts contained in paragraphs 1, 2, 3 and 4 of Petitioner's proposed Findings of Fact are adopted, in substance, in so far as material. The proposed facts contained in paragraphs 5 and 6 of Petitioner's proposed Findings of Fact are subordinate. COPIES FURNISHED: Cynthia Gelmine, Esquire Department of Professional Regulation North wood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0760 (904) 488-0062 Catherine Shepherd dba Merle Norman 1327 South 14th Street Leesburg, Florida 32748 Ms. Myrtle Aase Executive Director Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32390-0729 Kenneth Easley, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32390-0729
The Issue Whether Respondent violated Sections 477.21(1); 477-15(8) and 477.02(4), Florida Statutes, by operating a cosmetology salon on at least three different occasions to-wit: January 23, 1975, January 24, 1975 and January 30, 1975, without the direct supervision of a master cosmetologist.
Findings Of Fact Notice of this hearing was served on Respondent. The Division of Administrative Hearings has jurisdiction over the proceeding. Respondent holds a current cosmetology salon license No. 14954 and cosmetologist license No. 68986 Respondent, by her own written admission, has, on January 23, January 24 and January 30, 1975, operated her salon without the supervision of a master cosmetologist.
Findings Of Fact The Respondent was licensed by the State of Florida to practice cosmetology, having been issued license number CL 0030044. On September 27, 1966, the Respondent was issued a cosmetology salon license numbered CE 0009517 authorizing the operation of a cosmetology salon called "Bonnie's Boutique," located at 426 South Pineapple Avenue, Sarasota, Florida, owned by the Respondent. The petitioner is an agency of the State of Florida charged with enforcing the provisions of Chapter 477, Florida Statutes, as that relates to licensing and regulation of the activities and practices of cosmetologists and cosmetology salons. After assuming ownership of, and obtaining licensure for the operation of a cosmetology salon, the Respondent began operating Bonnie's Boutique, She operated Bonnie's Boutique as a cosmetology salon until approximately June 30, 1980, when her cosmetology salon license became ripe for renewal. She was leasing the premises in which she operated her business, which lease continued through August of 1983. The Respondent failed to renew her cosmetology salon license number CE 0009517 after it expired on June 30, 1980. From that time until August, 1983, when the lease on the premises expired, the Respondent operated Bonnie's Boutique, albeit on a limited basis due to health problems, performing cosmetology services primarily for friends and relatives. Sometime in January, 1983, in the course of an investigation of the Respondent's activities with regard to the salon premises, it was discovered by petitioner's investigator that the Respondent was operating the cosmetology salon at the above address on at least an intermittent basis without a current cosmetology salon license. Due to health problems, the Respondent has never sought to operate a fully active cosmetology salon business since the expiration of her salon licensure on June 30, 1980. Aside from the subject action there has never been any other disciplinary proceeding instituted against the Respondent with regard to her licensure status.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, and the evidence of record, it is, therefore RECOMMENDED: That a Final Order be entered imposing the penalty of a reprimand on the Respondent Bonnie J. Wagoner. DONE and ENTERED this 20th day of February, 1984, in Tallahassee, Florida. P. MICHAEL RUFF 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 20th day of February, 184. COPIES FURNISHED: Theodore R. Gay, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Bonnie J. Wagoner 1714 Devanshire Sarasota, Florida 33577 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact A copy of the Administrative Complaint with an attachment of Ms. Rolling's Salon License No. 10810 and receipt of certified mail was entered into evidence and marked as Exhibit 1 without objection. Ms. Rolling's Election of Remedies form was entered into evidence and marked Exhibit 2 without objection. The Respondent holds License No. 10810. Respondent admitted that she did allow two (2) cosmetologists to work in her salon while she was absent. Respondent is a master cosmetologist who ordinarily works in the salon which she supervises and manages. The Respondent, Frances Rolling, has been in ill health and did leave the salon to visit a doctor's office and during the time she allowed cosmetologists to work without the direct supervision of a master cosmetologist.
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
