Findings Of Fact At all times material, the Respondent Fernando Vargas Natal has been a licensed cosmetologist in the State of Florida, holding license number CL 009034. At all times material, Fahn Hair/Nails has been licensed as a cosmetology salon in the State of Florida, holding license number CE 0053197. At all times material, Samer Mace has been a registered nail specialist in the State of Florida, holding license number FV 0521832. Samer Mace was not licensed as a cosmetologist in the State of Florida at any time material to this case. DPR investigator Sandra McKenzie, using the name "Linda," telephoned Fahn Hair/Nails on November 28, 1990, and made an appointment to have her hair done by Samer Mace at 2:00 p.m. on November 30, 1990. On the appointment books at Fahn Hair/Nails, Samer Mace was listed as "Sam." Upon entering the business premises of Fahn Hair/Nails on November 30, 1990, at approximately 1:45 p.m., DPR investigator Richard Braun observed an appointment for "Linda" for hair services at 2:00 p.m. listed in the appointment book in the column for Sam." Investigator Braun also observed in the appointment book in the column for "Sam," other appointments scheduled that day for manicures, blow drys and washes. When Fernando Vargas Natal was questioned about the allegations concerning Samer Mace's unlicensed cosmetology activities, Mr. Natal admitted to investigator Braun that Samer Mace had been providing hair services to customers at Fahn Hair/Nails. When Samer Mace was questioned about the allegations concerning her unlicensed cosmetology activities, she admitted to investigator Braun that she had been providing hair services to customers while in the employ of the Respondent. Fernando Vargas Natal was aware that, at all times material, Samer Mace was licensed only to perform manicures, and was not licensed to perform hair services.
Recommendation For all of the foregoing reasons, it is recommended that the Board of Cosmetology enter a Final Order in this case concluding that the Respondent has violated Section 477.029(1)(c), Florida Statutes (1989), and imposing an administrative penalty of a fine in the amount of $500.00. DONE AND ENTERED at Tallahassee, Leon County, Florida, this 4th day of September, 1991. MICHAEL M. PARRISH, 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 9th day of September, 1991. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 91-2664 The following are my specific rulings on all proposed findings of fact submitted by all parties. As a preface to the specific findings which follow it is noted that there is conflicting evidence on some of the relevant facts in this case. In resolving those conflicts I have, for the most part, found the testimony presented on behalf of the Petitioner to be more persuasive than the testimony presented on behalf of the Respondent. Findings proposed by Petitioner: The following paragraphs of the findings proposed by the Petitioner are accepted in whole or in substance: 1, 2, 3, 6, 7, 8, 9, 10, 11, and 12. The following paragraphs of the findings proposed by the Petitioner are rejected as subordinate and unnecessary details: 4 and 5. Findings proposed by Respondent: The first sentence of the findings proposed by Respondent is rejected as contrary to the greater weight of the evidence. The second sentence of the findings proposed by Respondent is rejected as not supported by competent substantial evidence and as, in any event, irrelevant. The third sentence of the findings proposed by Respondent (the sentence incorporating the recommendation) is rejected as contrary to the greater weight of the evidence. COPIES FURNISHED: Ms. Myrtle Aase Executive Director Board of Cosmetology Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 Jack McRay, Esquire General Counsel Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 Mr. Mark E. Harris Paralegal Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Mr. Fernando Vargas Natal Fahn Hair/Nails 11921 South Dixie Highway, Suite 200 Miami, Florida 33156 Mr. Andrew H. Hand Fahn Hair/Nails 11921 South Dixie Highway, Suite 200 Miami, Florida 33156
Findings Of Fact Respondent, Adelina Portuondo, is the holder of License Number CL 0089302 issued by Petitioner, Department of Professional Regulation, Florida State Board of Cosmetology. The license authorizes Respondent to perform cosmetology services. She has held the license since 1976. On or about December 24, 1982, a Department inspector visited the premises known as Delores Beauty Salon, located at 2214 Collins Avenue, Miami Beach, Florida. The visit was prompted by the fact that the Delores Beauty Salon was delinquent in renewing its license with Petitioner. While conducting the inspection, the inspector observed two apparent employees working with customers in chairs. Before the inspector was able to check the license of one of them, a Latin male, who was performing cosmetology services on a client, the Latin male quickly departed the premises. The inspector was told the male's name was either "Jorge" or "Jose," but that no other information regarding that individual was available. Respondent was not on the premises when the inspection was made, but, after being called from her other shop, she arrived a short time later. Portuondo advised the inspector that the male's name was "Jose," that he was there for a "tryout," had just arrived from Cuba and had been referred by someone at her other beauty salon. She also advised that she had just purchased the salon and was in the process of transferring ownership to her name. At the time the inspection was made, Delores Beauty Shop held no current licenses to provide either cosmetology or barber services to the public. The inspector then visited Respondent's other salon, Lena's of New York, and learned that the Latin male's name was actually Jose Bahamonde. Respondent told the inspector that Bahamonde was only a manager of the salon, whose duties included opening and closing the shop, cleaning and the like, but that he performed no professional services. Lena's of New York was apparently licensed by the Board as a cosmetology salon. On April 5, 1983, a Department inspector again visited the beauty salon operated by Respondent at 2214 Collins Avenue, Miami Beach. Respondent had signs indicating the business was now being operated as Lina Beauty Salon II, Inc. The inspector found Bahamonde on the premises and told him it was illegal to practice cosmetology and barbering without appropriate licenses. Bahamonde told the inspector he had taken the examination and was awaiting the results. The inspector returned the next day, April 6, and found Bahamonde cutting a customer's hair. The Respondent was not present on the premises. After being called by telephone, Respondent arrived shortly thereafter and denied that Bahamonde was providing professional services. Instead, she claimed he was working as a cashier and cleaning up the premises. At that time, she also produced records to show she had purchased the salon on October 5, 1982. Official Department records reflect that Bahamonde was issued cosmetology License No. CL 0141942 on July 26, 1983. Those records also reflect that as recent as October 20, 1983, Lina Beauty Salon II, Inc., held no active cosmetology or barbershop licenses. The records do indicate, however, that Respondent applied for a cosmetology salon license for the establishment in April, 1983, but the application was denied on May 9, 1983, on the ground it was incomplete. No license has been issued to Delores Beauty Salon, Inc., since its purchase by Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent be found guilty of violating Subsection 477.029(1)(b), Florida Statutes, in December, 1982, and April, 1983; violating Subsection 477.029(1)(c), Florida Statutes, in December, 1982; and violating Subsections 477.028(2)(b) and 477.029(1)(c), Florida Statutes, in April, 1983. It is further RECOMMENDED that a $250 administrative fine be imposed on Respondent for each violation, for a total of $1,000, and that such fine be paid within thirty (30) days of the date of the final order entered in this cause. RECOMMENDED this 9th day of November, 1983, in Tallahassee, Florida. DONALD R. ALEXANDER 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 November, 1983.
The Issue Respondent's alleged violation of Section 477.02(6), Florida Statutes. Upon Motion of Petitioner, the name of the President of Respondent firm as shown in the Administrative Complaint was amended to reflect his correct name, Alfred Ditraglia.
Findings Of Fact Respondent Corporation holds Certificate of Registration Number 21624 to operate a cosmetology salon which was issued on May 8, 1975, by Petitioner. (Stipulation). On July 15, 1975, Petitioner's inspector visited Respondent's place of business and observed Carmen Victoria Jackson washing a customer's hair. On July 29, 1975, he observed her doing the same thing. She had informed him on July 15th that she had no state license. On July 29th she told him that the shampoo girl had not shown up for work and that is why she was washing a customer's hair. (Testimony of Rubin). At the hearing, the employee testified that she had not been shampooing on either occasion mentioned by Petitioner's inspector. She asserted that on July 15th a customer had merely asked her to pass a towel to her and that while she was doing so the Inspector entered the store. She claimed that on July 29th although customers were in the store, she was not working on them, but was merely taking towels to the back of the premises to wash them. (Testimony of Jackson).
Recommendation That Respondent's Certificate of Registration Number 21624 to operate a cosmetology salon be suspended for a period of 30 days under the authority of Section 477.15(8), 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 Alfred Ditraglia, President Al Stephens, Inc. 425 Hollywood Mall Hollywood, Florida ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA FLORIDA STATE BOARD OF COSMETOLOGY IN RE: FLORIDA STATE BOARD OF COSMETOLOGY, Petitioner, vs. CASE NO. 76-1053 SALON LICENSE NO. 21624 ALFRED DITKOGLIA, PRESIDENT, AL STEPHENS, INC., Respondent. / FINAL AGENCY ORDER The Florida State Board of Cosmetology adopts as part of the Agency's Final Order the conclusions of law, interpretation of administrative rules and findings of fact dated July 28, 1976, a copy of which is attached hereto and incorporated herein by reference. The State Board of Cosmetology, having reviewed the recommended penalty of the hearing examiner and considering the circumstances of this case, the State Board of Cosmetology feels that the recommended penalty is appropriate and therefore adopts the recommended penalty and imposes a suspension of the salon license of the Respondent for a period of thirty (30) days. That the suspension shall be effective beginning on the first day of October, 1976, and shall terminate on October 30, 1976. That the Respondent shall deliver its license no. 21624 covered by this suspension by certified mail, return receipt requested, prior to the effective date of the suspension and the said license will be available for re-delivery to the Respondent at the State Board Administrative Office, 301 Avenue A, Southwest, Winter Haven, Florida, or will either he mailed at the option of the Respondent on the last day of the suspension period. ENTERED this 27th day of August, 1976. Violet Llaneza, Chairman Florida State Board of Cosmetology Copies Mailed To: Alfred Ditkoglia, President Al Stephens, Inc. 425 Hollywood Mall Hollywood, Florida Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida =================================================================
The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for allowing two unlicensed persons to practice cosmetology in the beauty salon licensed as May Cohen's Soul Sissors.
Findings Of Fact A joint motion to consolidate the above styled cases was made for the reason that the charges grew out of the same incident. The motion was granted. A motion was made requesting permission for the Respondent to file affidavits late and the permissions was granted without objection by the Petitioner but with a reservation to file objections when the affidavits were filed. The affidavits were filed July 26, 1977 and are a part of the record. No objection has been filed by Petitioner and the thirty days from date of hearing allotted by the Hearing Officer has expired. The statements in the affidavit are consistent with the evidence and testimony at the hearing and with the findings of facts herein. The Administrative Complaints were issued on May 31, 1977 against John S. Kubie, President of Seligman & Latz, Inc., and against the salon May Cohen's Soul Sinners charging: "That you, said SELIGMAN & LATZ, INC. d/b/a May Cohen's Soul Sissors on January 7, 1977 did allow two unlicensed persons to practice in your salon, at May Cohen's Soul Sissors, Jacksonville, Florida." On January 7, 1977, the inspector for the Board entered the May Cohen's Soul Sinners Beauty Shop and found therein two unlicensed persons. One person, Willie Dock, who is an employee of Nay Cohen's Soul Sinners, had not secured a Florida license and was working without a license in the subject salon and without a license or permit posted as required. He had not informed the manager that his permit had expired on December 30, 1976. The other person, Margaret Florence, was working although her license had been altered to appear as if it were current. It was of a different color than the current licenses of other cosmetologists in the shop and in fact it had expired. The manager should have ascertained whether these people were duly licensed and knew or should have known they were not properly licensed.
Recommendation Suspend the license of May Cohen's Soul Sissors for a period of seven (7) days. DONE and ORDERED this 26th 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: Ronald C. LaFace, Esquire LaFace & Baggett, P.A. Post Office Box 1752 Tallahassee,, Florida 32302 Charles A. Sorenson, Esquire Forbes and Meide 400 Guaranty Life Building 137 East Forsyth Street Jacksonville, Florida 32202
Findings Of Fact On May 11, 1977, at an establishment advertised as Mr. Big Stuff's Bedroom, female topless dancers were observed either straddling customers legs or dancing between customers legs while either placing their breasts close to or touching the customers' faces. No evidence was introduced purporting to establish that any of the performers were agents, servants or employees of Central Florida Clubs. Accordingly, it is found, as a matter of fact, that the performers were not agents, servants or employees of Central Florida Clubs. No evidence was introduced purporting to demonstrate whether, to the average person applying contemporary community standards, the dominant theme of the dance, taken as a whole, appealed to prurient interests. Accordingly, it is found, as a matter of fact, that to the average person, applying contemporary community standards, the dominant theme of the dance presented at Mr. Big Stuff's Bedroom, taken as a whole, did not appeal to prurient interests. No evidence was introduced purporting to demonstrate whether Mr. Big Stuff's Bedroom was operated under the auspices of the licensee, Central Florida Clubs. Accordingly, it is found, as a matter of fact, that Mr. Big Stuff's Bedroom was not operating under the auspices of the licensee, Central Florida Clubs. On May 11, 1977, an unidentified person declared that if one drink were purchased, then a second drink, at a reduced price, would be provided for a waitress. No evidence was introduced as to the identity of the person nor purporting to establish that such person was an agent, servant or employee or entertainer of Central Florida Clubs. Accordingly, it is found, as a matter of fact, that the unidentified person was not an agent, servant, employee or entertainer of Central Florida Clubs. No evidence was introduced purporting to establish that Harold Ernest Squires, Jr., was an agent, servant or employee of Central Florida Clubs, or that Harold Ernest Squires, Jr., did knowingly permit one Joyce Marie Polakowski to loiter in or about the licensed premises for the purpose of begging or soliciting a person, customer or visitor, to purchase a beverage. Accordingly, it is found, as a matter of fact, that Harold Ernest Squires, Jr., was not an agent, servant or employee of Central Florida Clubs and that Harold Ernest Squires, Jr., did not knowingly permit Joyce Marie Polakowski or any other person to loiter in or about the license premises for the purpose of begging or soliciting a customer to purchase a beverage.
The Issue Whether the salon license of Richard J. Payseur, No. 20140-OB should be revoked, annulled, suspended or withdrawn because he did not display a proper sign in his salon.
Findings Of Fact Mrs. Mary Francis Pfeiffer, Inspector for the Board, testified that Respondent Richard Payseur had been the proprietor of the beauty salon under the name "Showplace Beauty Salon", New Port Richey, Florida. At her last visit, the salon was under a new proprietorship and that to the best of the Inspector's knowledge, Mr. Payseur does not operate a beauty salon in the State. The Respondent Mr. Payseur holds a Masters License No. 0083341. Mr. Payseur, the Respondent, had been issued a violation notice after a visit to the salon on January 17, 1976 and again on March 20, 1976.
Recommendation Dismiss the present complaint and warn Respondent that a violation of the State laws and regulations governing cosmetologists could jeopardize his personal license. DONE and ORDERED this 5th 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 Richard J. Payseur Box 667 Route 4 Brooksville, Florida 33512
