The Issue Whether the license of the Respondent should be revoked, annulled, withdrawn or suspended for operating a cosmetology salon not under the direct supervision of a master cosmetologist.
Findings Of Fact An Administrative Complaint was filed on May 31, 1977, against Barbara Hagan d/b/a Hair Fashion Wig Craft by B & B charging: "That you, said BARBARA HAGAN d/b/a Hair Fashion Wig Craft by B & B on January 11, 1977 did operate a cosmetology salon without the direct supervision of a master cosme- tologist; at Hair Fashion Wig Craft by B & B, Lakeland, Florida." The Respondent, Barbara Hagan, is a master cosmetologist who had left the beauty shop she operated to make a trip to the hospital. The cosmetologist who works in Respondent's shop and who was working at the time of the notice of violation had finished school but was not a master cosmetologist at the time of the violation. The Respondent admitted that he did not have a master cosmetologist license at the time of the violation but asserts that he now is a master cosmetologist.
Recommendation Suspend the license of the Respondent for a period of not more than thirty (30) days inasmuch as this was the second time the statute was violated. The first time no written violation notice was entered but the inspector orally warned the Respondent of the violation. DONE and ORDERED this 5th day of October, 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 Barbara Hagan Hair Fashion Wig Craft by B & B 1336 North Florida Avenue Lakeland, Florida 33802 ================================================================= AGENCY FINAL ORDER =================================================================
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 The issue in this case is whether any disciplinary action should be taken against Respondent for alleged non-compliance with the graduate exemption provision of Chapter 477, Florida Statutes, and the Rules pertaining to graduates of cosmetology schools as contained in Chapter 61G5, Florida Administrative Code.
Findings Of Fact Respondent, Miriam Viera, is of Hispanic origin. Her native language is Spanish. Ms. Viera and her children are the recipients of welfare in Escambia County. Specifically, Ms. Viera and her family receive money from Aid to Family with Dependent Children and food stamps. She has always wanted to be a cosmetologist and in 1994 was able to pursue her goal of becoming a licensed cosmetologist and also attempted to get off welfare. In order to become a licensed cosmetologist Ms. Viera was required to, (1) be 16 years of age, (2) graduate from an approved school of cosmetology, (3) have completed 1200 hours of training in cosmetology, (4) complete an application for licensure thereby applying to the Board of Cosmetology to sit for the cosmetology exam and, (5) pay the required licensure and examination fees. The application to the Board of Cosmetology required that Ms. Viera's 1200 hours of training be certified by the school where she took her training and that a certificate of completion of an approved HIV/AIDS training course accompany the application. Failure to meet any one of these requirements would cause Ms. Viera to be ineligible to take the cosmetology examination, as well as ineligible for licensure. On January 29, 1994, Respondent graduated from RTI Technical Institute in Pensacola by completing 1200 hours of training in cosmetology. RTI is a State approved cosmetology school. However, RTI does not offer an HIV awareness course. The course was offered at one of the local Pensacola hospitals. After graduation Respondent decided to take approximately two weeks off. On February 17, 1994, Respondent completed her training for HIV/AIDS awareness. During this time period, Respondent had also picked up an application to take the cosmetology examination and licensure from RTI. The form the school supplied to Ms. Viera did not contain the cover letter/instruction sheet for the application. As a consequence Ms. Viera was told that the application fee would be $75.00. On February 17, 1994, Respondent secured a $75.00 money order and presented a completed application to the office of Larry Bryant, the president of RTI Cosmetology School. The application was left with Mr. Bryant so that he could certify to the Board of Cosmetology, on behalf of RTI that Ms. Viera had completed 1200 hours of cosmetology training at the school. After Mr. Bryant completed the school's part of the application, he was to send the application and the money order on to the Board of Cosmetology. Respondent indicated on her application that she wanted to take the examination in Spanish. Such a request is authorized by the Board. There was no evidence that this request was fraudulent. The fee to take the examination in Spanish was an additional of $30.00. However, Respondent was unaware of the requirement for additional money because she had not received the applications's cover letter/instruction sheet with her application. Until Respondent paid the additional $30.00 she was not eligible to take the cosmetology examination. Likewise, the cosmetology examination was not available to Ms. Viera until the additional $30.00 application fee was paid. For unknown reasons over which Ms. Viera had no control, Mr. Bryant did not complete the school's part of the application until about March 2, 1994. Consequently, Ms. Viera's application was not mailed to the Board of Cosmetology until March 2, 1994. Ms. Viera had assumed that Mr. Bryant had completed and mailed her application within a couple days of her leaving it with him. She was unaware that Mr. Bryant had not done so. Again, Ms. Viera was not eligible to take the cosmetology examination until the certification from the school was accomplished and the application received by the Board. Likewise the cosmetology examination was not available to her until the application was completed by the school and received by the Board. In the meantime, around March 1, 1994, Respondent had begun practicing cosmetology at Lee's Family Affair Studio in Pensacola, Florida. Ms. Viera had been referred to the salon by the school. Ms. Viera needed to work because, being on welfare her funds were extremely short and she had to make up the money she had used to pay the $75.00 application fee. Normally, applicants who have met all the requirements for taking the cosmetology examination are admitted to take the examination scheduled approximately 10 to 15 days after the Board of Cosmetology has received and reviewed the application. The application of Respondent was received by the office of the Cosmetology Board on March 9, 1994. Based upon this date, the next examination was offered on April 21, 1994 had the entire examination fee of $105.00 been paid. Except for the fee, Respondent's application was complete in all respects as required by Rule 61G5-18.002, Florida Administrative Code. The Board sent a letter to Respondent dated March 15, 1994, advising her that her application was not complete because she did not pay the additional $30.00 fee for the Spanish version of the cosmetology examination and that she was not eligible to sit for any examination until the fee had been paid. The letter was received by Respondent around April 6, 1994. The Board's deficiency letter was the first indication Respondent had that she owed the Board more money and that she was not eligible for the examination scheduled for April 21, 1994 and that the examination was not available to the Respondent. Lutrel Raboteaux, an inspector for the Department of Business and Professional Regulation, conducted a routine inspection of Lee's Family Affair Studio, on April 6, 1994. During the course of the inspection, the salon was open to the public, employees were present, and cosmetology services were being performed on customers. Inspector Raboteaux discovered that the Respondent was an employee of the salon, and asked the salon owner to see her license. Respondent was not initially at the salon when Mr. Raboteaux began his inspection. She arrived shortly thereafter. Respondent admitted to Inspector Raboteaux that she was employed by the salon, had been working there since around the first week of March and had charged about $20.00 for a haircut. Respondent further admitted that she had sent in her application to sit for the next available examination sometime in early March, 1994, but did not have a license. Mr. Raboteaux conferred with the manager of the salon, Daniel Lee, as to the location of Respondent's license, if any. Mr. Lee informed Inspector Raboteaux that Respondent was working under the graduate exemption from cosmetology licensure. Mr. Raboteaux asked to see documentation which would prove that the Respondent was a cosmetology school graduate i.e., the application for licensure, copy of the money order or check to pay for the exam, and a copy of the receipt indicating payment that the Board of Cosmetology sends to the graduate. No documents were posted at Respondent's workstation nor were any documents produced for Inspector Raboteaux. Inspector Raboteaux completed his inspection of the salon, and noted on the salon's inspection report that Respondent's graduate exemption was subject to further investigation. Later, Inspector Raboteaux contacted the Board of Cosmetology in Tallahassee and spoke with Ms. Stacy Merchant, and employee of the Board whose duties for the Board include processing and determining eligibility of cosmetology school graduates to sit for the cosmetology exam. Ms. Merchant informed Inspector Raboteaux that the Respondent was not eligible for the graduate exemption. Ms. Merchant based her conclusion on her understanding of Chapter 477 and the Rules promulgated thereunder. Based on Ms. Merchant's representation, Inspector Raboteaux completed a Uniform Citation and served it on the Respondent by United States Mail -- Restricted Delivery. The Uniform Citation served on the Respondent indicated she was charged with practicing without a license for which the Board's fine was $500.00. Because Ms. Viera was a welfare recipient she did not have the money to pay the additional $30.00 fee, let alone a $500.00 fine which she disputed. As a consequence, Ms. Viera could not take the April 21, 1994 cosmetology examination.
Recommendation Based upon the findings of fact and the conclusions of law, it is, RECOMMENDED: That Respondent be found not guilty of violating Section 477.029(1)(a), Florida Statutes (1993) through a violation of Section 477.0135(g), Florida Statutes (1993) and the Administrative Complaint be dismissed. DONE and ENTERED this 12th day of July, 1996, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SunCom 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of July, 1996.
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 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 Whether Respondent, a cosmetology salon, permitted an unlicensed person to perform cosmetology services as alleged in the Administrative Complaint, dated April 24, 2007, and, if so, what disciplinary action should be taken against Respondent's license.
Findings Of Fact Based on the evidence and the entire record in this proceeding, the following findings of fact are found: At all times material hereto, Respondent was licensed and regulated by Petitioner, Department of Business and Professional Regulation, as a cosmetology salon owned by Immacula Evans. Respondent is a licensed cosmetology salon, license number CE9966208, whose address of record with Petitioner is 11329 North Nebraska Avenue, Tampa, Florida 33612. At all times material hereto, John R. Miranda was employed by the Petitioner as an Inspector. On or about March 8, 2006, Miranda conducted an inspection of Respondent's establishment located at 11329 North Nebraska Avenue, Tampa, Florida. Miranda observed that an unidentified male was practicing cosmetology without a license. A citation was personally issued to Respondent's owner. On or about March 17, 2006, Miranda conducted a re- inspection of Respondent's establishment. In the course of this inspection, Miranda observed that Pierre Elionze was practicing cosmetology without a license. A citation was issued to Respondent. On or about March 24, 2006, Miranda conducted another inspection of Respondent's establishment. In the course of this inspection, Miranda observed that Dwight Booquet, Christine Marc, and Moveta S. Swalters were each practicing cosmetology without a license. A citation was issued to Respondent. On or about June 7, 2006, Miranda conducted a further inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet was again practicing cosmetology without a license, and a citation was issued. On or about July 29, 2006, Miranda conducted another inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet yet again practicing cosmetology without a license, and a citation was issued. On or about August 11, 2006, Miranda conducted an inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet was again practicing cosmetology without a license, and a citation was issued. Respondent has engaged in the unlawful and repeated violations of Subsection 477.0265(1), Florida Statutes, between March 8 and August 11, 2006.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Cosmetology enter a final order revoking Respondent's cosmetology establishment license number CE 9966208, and impose an administrative fine in the amount of $5,000. DONE AND ENTERED this 11th day of September, 2007, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 11th day of September, 2007.
The Issue Whether disciplinary action should be taken against the Respondent for alleged violations of Chapter 477, Florida Statutes, (1979)
Findings Of Fact Wilfred's Romar Hairstyling Academy is a cosmetology school, which has been issued license #CT0000228. In March of 1980 Ardie Collins, an investigator for Petitioner Board of Cosmetology, found teacher trainee Sumner instructing a theory class in Respondent school without direct supervision by a certified cosmetology instructor. On April 17, 1980 Collins found student instructor Bra noon teaching a theory class in Respondent school without direct supervision of a certified cosmetology instructor. On April 29, 1980 Collins found that nine (9) students of Respondent school had been enrolled in the school without student permits. On September 18, 1980 Collins observed a student teacher trainee teaching students basic training on mannequins in Respondent school without direct supervision of a licensed instructor. Respondent did not dispute the foregoing facts and suggested in its memorandum that a penalty, if any, should be a "written reprimand." Insufficient evidence was produced to show that Respondent had violated requirements as to size and accessibility of the dispensary.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered by the agency which reprimands Respondent school and places it on probation for a period of time not to exceed two (2) years with semiannual inspections. DONE and ORDERED this 28th day of September, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND 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 28th day of September, 1981. COPIES FURNISHED: Drucilla E. Bell, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Thomas Utke, General Manager Wilfred's Romar Hairstyling Academy 1013 East Colonial Drive Orlando, Florida 32807 Nancy Kelley Wittenberg, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF COSMETOLOGY DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF COSMETOLOGY, Petitioner, vs. CASE NO. 81-1576 81-1577 WILFRED'S ROMAR HAIRSTYLING ACADEMY, Respondent. /
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
