The Issue Whether the license of the Respondent should be revoked, annulled, withdrawn or suspended for operating a cosmetology salon not under the direct supervision of a master cosmetologist.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
Findings Of Fact An Administrative Complaint was filed against Licensee Nannette Harnage charging.: "That you, said NANNETTE HARNAGE on Janu- ary 13, 1977 did work on a patron without license number and without the supervision of a master cosmetologist at Nannette's Hay Balers, Middleburg, Florida." The Respondent, Nannette Harnage, said that she was guilty of working in her salon without the presence or supervision of a master cosmetologist. She stated that she now has a master cosmetologist in the salon at all times. The issue as to working on a patient without a license number was dropped.
Recommendation Issue a letter or reprimand to the Respondent, Nannette Harnage. 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 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire LaFace & Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 Nannette Harnage Nannette's Hay Balers 2504 Blanding Boulevard Middleburg, Florida 32068
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 is now, and has been at all times material hereto, the owner and operator of Beauty Salon Mayelin Unisex (Salon), a cosmetology salon located at 1442 Northeast 163rd Street in North Miami Beach, Florida. The Salon was first licensed by the Department on December 19, 1990. Respondent has never been licensed to practice cosmetology in the State of Florida. Her application for licensure is currently pending. Charles E. Frear is an inspector with the Department. On May 16, 1990, Frear went to 1442 Northeast 163rd Street with the intention of inspecting a licensed cosmetology salon operating under the name "Hair to Hair." When he arrived at the address, Frear noticed that the sign outside the establishment reflected that Beauty Salon Mayelin Unisex now occupied the premises. The Salon was open for business. Upon entering the Salon, Frear observed Respondent removing curlers from the hair of a customer who was seated in one of the chairs. 1/ Frear asked Respondent to show him her license to practice cosmetology in the State of Florida. Respondent responded that she did not have such a license yet, but that she was scheduled to take the cosmetology licensure examination later that month. After learning from Respondent that she was the owner of the Salon, Frear asked to see the Salon's license. Respondent thereupon advised Frear that the Salon had not been licensed by the Department. Although she told Frear otherwise, Respondent was aware at the time that a Department-issued cosmetology salon license was required to operate the Salon. Frear gave Respondent an application form to fill out to obtain such a salon license. Respondent subsequently filled out the application form and submitted the completed form to the Department. Thereafter, she received License No. CE 0053509 from the Department to operate the Salon.
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 violations of law alleged in the instant Administrative Complaint; and (2) imposing upon Respondent an administrative fine in the amount of $1,000 for having committed these violations. RECOMMENDED in Tallahassee, Leon County, Florida, this 24th day of April, 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 24th day of April, 1991.
Findings Of Fact Mrs. Marge Edwards, Inspector with the Florida State Board of Cosmetology, issued a notice of violation citing Respondent for "owner leaving one cosmetologist, one student permit working alone". The time of the violation notice was dated 2:10 p.m. on June 1, 1974. Respondent George D'Zanko was out of the George D's beauty salon, a business which he owns and operates as the master cosmetologist on June 1, 1974 during the hours which includes 2:10 p.m. Mr. D'Zanko admits that he was out of the shop at that time. Respondent entered a motion to dismiss contending that Chapter 477, Florida Statutes, did not require his presence in the shop while the cosmetologists were working therein. Section 477.04, Florida Statutes, states "no registered cosmetologists may independently practice cosmetology, but he may as a cosmetologist do any or all of the acts constituting the practice of cosmetology under the immediate personal supervision of a registered master cosmetologist". The attorney for Respondent D'Zanko equates Chapter 476, Florida Statutes, which regulates barbers with Chapter 477, Florida Statutes, which regulates cosmetologists, and cites Lett vs. Florida Barbers Salary Commission, Fla. App. 247 So.2d 335, for his position that inasmuch as Respondent was in the neighborhood of the salon the actual presence of Respondent was not necessary. The Board contends that the Respondent allowed a cosmetologist to practice cosmetology without the presence and supervision of a master cosmetologist in violation of Chapter 477, Florida Statutes. The Board contends that the presence of a master cosmetologist in a salon where the art of cosmetology is being practiced is a protection for the public and that Respondent allowed his shop to be operated without the supervision of a master cosmetologist. That the license of the Respondent should be revoked, annulled, withdrawn or suspended. The Hearing Officer finds: That Chapter 477, Florida Statutes, requires that a master cosmetologist be present in a cosmetology salon at all times when the art of cosmetology is being practiced; That Respondent George D'Zanko, the owner of the salon, Styles by George D', Inc., allowed cosmetology to be practiced in his salon at a time when there was no master cosmetologist therein; That the direct supervision of a master cosmetologist is a protection for the customers in the application of materials used in practicing the art of cosmetology.
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. /
