The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for operating a cosmetology salon without a certificate of registration.
Findings Of Fact An Administrative Complaint was filed against licensee, Virginia Jarnecke, who holds License No. Salon 24158, on the 31st of May, 1977, alleging that she did operate a cosmetology salon without a valid certificate of registration after having been warned and supplied with the proper form in July of 1976 at the La Petite Coiffures in Daytona Beach, Florida. The Respondent filed an Answer on the 24th day of June, 1977, entering a plea of not guilty to the Administrative Complaint. The inspector for the board inspected the Respondent shop in July of 1976 and found that there had been a change in ownership of the salon. She informed the Respondent new owner that the salon registration was nontransferable and that a new registration would have to be applied for and obtained. At that time she left a form designated BC-7 for use of the Respondent. On September 24, 1976 no license had been obtained and a violation of notice was written by the inspector. A license was obtained thereafter in November of 1976. The owner of the shop, Respondent Virginia Jarnecke, had waited to send in her application for registration of said shop until one of the employees obtained a license as master cosmetologist. She did not obtain a registration for the salon until November of 1976 although an application form had been' left by the Petitioner, State Board of Cosmetology, to change the registration from the former owner in July of 1976.
Recommendation Write a letter of reprimand to Respondent for the reason that there was unnecessary delay between the time the Respondent bought subject beauty salon and the time in which application for registration of the salon. 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 J. David McFadden, Esquire 100 Seabreeze Boulevard, Suite 210 Daytona Beach, Florida 32018
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 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 Section 477.02(6), Florida Statutes. Counsel for Petitioner announced that he had been unable to serve Respondent with a copy of the Administrative Complaint and Notice of Hearing. He further stated that Respondent no longer holds a Certificate of Registration to operate a cosmetology salon because Tippie's Beauty salon which she formerly operated is no longer in business. He further stated that he had no objection to a dismissal of the charge.
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 Barbara Spence c/o Tippie's Beauty Salon 209 S.W. 27 Avenue Fort Lauderdale, Florida
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.
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
The Issue The issues to be resolved in this proceeding are whether the Respondent has committed violations of Florida statutes relating to the operation of a cosmetology salon, and, if so, what penalty should be imposed by the Board of Cosmetology. Petitioner contends that the Respondent was properly notified of her responsibility to renew her cosmetology salon license and that she failed to do so. Respondent contends that she was never properly notified of this new statutory responsibility.
Findings Of Fact At all times material to this proceeding, the Respondent has been licensed as a cosmetologist in the State of Florida. She holds License No. CL- 0071047 issued by the Board of Cosmetology. For many years, and at all times material to this proceeding, the Respondent has owned and operated a cosmetology salon named "Ramona's Beauty Salon." The salon is located at 130 Dixie Highway, Auburndale, Florida. The salon has, at all material times, been open for business and doing business with the general public as a cosmetology salon. Prior to July 1, 1980, cosmetology salons were required to be registered with the Board of Cosmetology; however, there was no requirement that the registration, once obtained, be renewed. Registration of a salon was permanent. In 1978, the Legislature amended provisions of law relating to registration of cosmetology salons. Effective July 1, 1980, cosmetology salons were required to have renewed their salon license and to renew it again every two years. Because of the change in the law which imposed a new obligation to renew the registration for a salon, the Board of Cosmetology endeavored to advise its licensees of the obligation to renew the salon registration. In March, 1980, the Board mailed a newsletter to its salon licensees advising them about the change in the law. In May, 1980, the Board mailed renewal cards to its licensees. The cards were to be filled out and returned to the Board with the appropriate fee. The Board endeavored to send these notices to its salon licensees at their currently registered addresses. The address that the Board had for the Respondent's salon was the proper one. The Respondent did not receive the notices. The evidence does not reveal whether this was the result of the Board's not forwarding them to her, an error on the part of the postal service, or an error by the Respondent. The precise system that the Board used to assure that the notices were properly forwarded to its licensees was not made a part of the record. The evidence is insufficient to establish why the Respondent did not receive the notices. Prior to 1979, the Board of Cosmetology inspected the premises of its licensees on at least an annual basis. Typically, inspections were conducted more frequently than that. When the Legislature reorganized the Department of Professional Regulation, these periodic inspections ceased during the transition period. The Respondent's salon was inspected in September, 1979. It was not inspected again, however, until December, 1982. The Board endeavored to help apprise its licensees of the need to renew salon licenses by having its inspectors inform the licensees during inspections. Since the Respondent's salon was not inspected during that period, she did not receive the benefit of that advice. The Respondent's salon had been registered with the Board since 1971. She never had any reason to believe that she needed to renew her salon's registration until sometime in 1981. The Respondent's daughter was attending a cosmetology school and heard that salon licenses needed to be renewed, and passed this information on to her mother. Her mother called a representative of the Board at the Winter Haven office. Prior to the reorganization, the Board maintained its principal offices in Winter Haven. Thereafter the offices were moved to Tallahassee, but the testing function continued to be administered from the Winter Haven office. The person who the Respondent talked to at the Winter Haven office advised her that she would be receiving registration forms from Tallahassee and that she did not need to take any action until she received those forms. The Respondent attended continuing education programs during the period following the change in the registration requirement. At none of these programs was she advised of the new obligation to renew the salon license. On December 3, 1982, an inspector with the Department of Professional Regulation inspected the Respondent's salon. The inspector observed that the salon license had not been renewed. The Respondent was advised of her responsibility to obtain a current registration for the salon, and she took immediate steps to accomplish that. Her salon is now properly registered.
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 the license of the Goldwyn Door Beauty Salon should be revoked, annulled, withdrawn or suspended for operating a beauty salon not under the direct supervision of a master cosmetologist.
Findings Of Fact An Administrative Complaint was filed against Mary Wilson, d/b/a Goldwyn Door Beauty Salon on May 31, 1976 alleging: "That you, said MARY WILSON d/b/a/ Goldwyn Door Beauty Salon on August 1, 1976 and January 19, 1977 did on at least two occa- sions operate a beauty salon without the direct supervision of a master cosmetologist, at Goldwyn Door Beauty Salon, Orlando, Florida." The Respondent is the owner of tie Goldwyn Door Beauty Salon, holds no Florida registration as a cosmetologist and the subject salon is now closed. At the time of the violation notice the Respondent was practicing cosmetology in the Goldwyn Door Beauty Salon without a Florida cosmetology license and without being under the supervision of a master cosmetologist.
Recommendation Revoke the license of the Goldwyn Door Beauty Salon. DONE and ORDERED this 25th 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 Mary Wilson Goldwyn Door Beauty Salon Post Office Box 5485 Orlando, Florida 32801
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.
