Findings Of Fact Respondent pleaded nolo contendere on the election of remedies furnished by the Petitioner; however, Respondent Dannie Richardson appeared in proper person at this hearing. As the result of a normal inspection trip by the State Board of Cosmetology's beauty salon inspector Ardie Smiley Collins found the Respondent Mrs. Richardson draping a patron for service in a non licensed beauty salon. The beauty salon did not have a proper sign as required by the rules and regulations of the State Board of Cosmetology. Subsequent to the inspection noted in Findings of Fact Number 2, Respondent Richardson secured and now holds a personal license number 0051868 and also holds a salon license number 21957. The administrative complaint filed by the Board notified the Respondent that the Board seeks to revoke, annul, suspend or withdraw the personal and salon license of Dannie Richardson. However, at the hearing a representative of the Board suggested that inasmuch as the offense of Respondent was a first offense, that in the opinion of the inspector a letter of reprimand would be sufficient to satisfy the objectives of the statutes, rules and regulations of the Board.
Recommendation Dismiss the present complaint and warn Respondent that a violation of the state laws and regulations governing cosmetologists could jeopardize her personal and salon license. DONE and ORDERED this 19th 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 Dannie Richardson 319 S. Childs Street Leesburg, Florida
Findings Of Fact An Administrative Complaint was filed on May 31, 1977 by the Petitioner charging: "That you, said BERNICE B. ROBERSON d/b/a Modern House of Beauty on April 27, 1977 did operate a salon without a current certificate of registration, and with unsanitary sterilizers and personal equipment; failed to post inspection reports at Modern House of Beauty, Day- tona, Florida." At the time of the inspection the salon license of the Modern House of Beauty had expired. At the time of the hearing the Respondent said that she still had not renewed the salon license although she has sent the licenses in to the State Board. The license posted was not a current license at the time of the violation notice. The Respondent had sterilizers but they were not activated at the time of the inspection. The inspection reports are required to be posted so that the inspectors may check the previous reports as they make their inspection tours. The reports were not posted by the Respondent. The Respondent contended that they were constantly blown off the walls where she would post them and that she could not drive a nail in the concrete wall.
Recommendation Suspend the license of Respondent for a period of not less than thirty (30) days for failing to have sterilizers activated and for failure to maintain a current salon license and for failure to post inspection reports. 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 Bernice B. Roberson Modern House of Beauty 856 Mason Avenue Daytona, Florida 32018 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA STATE BOARD OF COSMETOLOGY STATE BOARD OF COSMETOLOGY, Petitioner, vs. CASE NO. 77-1022 LICENSE NO. MC 25344 BERNICE B. ROBERSON d/b/a SALON LICENSE NO. (Expired) MODERN HOUSE OF BEAUTY, 20215 Respondent. /
The Issue Respondent's alleged violation of Sections 477.02(6), 477.15(8), 477.27(1) & (2), Florida Statutes.
Findings Of Fact Clodoaldo and Olimpia Linares operate the Alinas Beauty Salon, a partnership, at 754 East 1st Avenue, Hialeah, Florida under Certificate of Registration to operate a cosmetology salon number 20143 issued by Petitioner on August 21, 1974. Petitioner's Inspector Miller, accompanied by Inspector Padrick, visited Respondent's salon on October 31 1975, to investigate a report that Respondent had an operator at their shop who was practicing cosmetology without a license. At that time the inspectors discovered Carmen Salvador giving a manicure to a patron. Salvador stated to the inspectors that although she did not have a Florida license to practice cosmetology, she was not employed in the salon. (Testimony of Miller and Padrick) Respondent Olimpia Linares testified that Salvador was her cousin and that while she was waiting for Linares to leave the salon for the evening she filed a patron's nails while Linares was working on the patron's hair. The patron was a friend of Salvador. (Testimony of Linares)
Recommendation That Respondent, Olimpia Linares, be issued a written reprimand for violation of Section 477.27(2), Florida Statutes. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Clodoaldo and Olimpia Linares c/o Alinas Beauty Salon THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 754 East 1 Avenue Hialeah, Florida
The Issue The issue for consideration in this case was whether Respondent, Nikki Gamber, should be disciplined by the Board of Cosmetology for the matters set out in the Administrative Complaint.
Findings Of Fact On December 14, 1990, Frank Paolella, an investigator with the Department of Professional Regulation, went to Booth 85 in a Flea Market in Fort Myers, Florida, to investigate a complaint of unlicensed activity purportedly going on there. When he arrived, he asked for the owner, Ms. Gamber, who was present with an employee. He told her why he was there and since she was then working on someone's nails, waited for her to finish. While he was waiting, he observed Respondent's employee, Nikkae Jurgens, applying false nails to another customer. This involved sanding and buffing the client's natural nails before applying the false ones. When he brought all this to the attention of the Respondent, she freely admitted she was engaged in unlawful activity but claimed she was not aware that Ms. Jurgens, who was only two feet away from her, was also doing it. When he brought it to her attention, Respondent said she would tell Ms. Jurgens to stop. Ms. Jurgens indicated that she did not have any identification on her but that Respondent had it all. When Mr. Paolella asked Respondent for it, she said she would provide it later. When she did do so later, by phone, she also said that Ms. Jurgens had been working for her for about 7 to 10 days. Mr. Paolella checked on the licensure status of both Respondent and Ms. Jurgens and determined that neither had a license to do this type or work, nor did either hold a salonlicense. The operation was a booth in a flea market - a counter with two chairs for clients. There was no sanitary equipment there, no disinfectant for implements, and no closed compartments for storing clean supplies and equipment. Mr. Paolella's investigation revealed that Respondent's booth is open for business only on Fridays, Saturdays, and Sundays, but whenever he went there before December 14, 1990, she was never there. As of August 22, 1991, the owner of the Flea Market where Respondent had operated indicated she was no longer in business there. Records of the Department show that Ms. Gamber held neither a cosmetologist's license or a cosmetology salon license during the time in question, nor did Ms. Jurgens, her employee. It is so found.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore recommended that a Final Order be issued by the Board of Cosmetology imposing a fine of $500.00 for each of the two violations established as outlined in the Administrative Complaint filed herein. RECOMMENDED in Tallahassee, Florida this 27th day of September, 1991. ARNOLD H. POLLOCK 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 27th day of September, 1991. COPIES FURNISHED: Mark E. Harris Paralegal Specialist Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Nikki Gamber P.O. Box 8155 Sarasota, Florida 34278 Jack McRay General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Kaye Howerton Executive Director Board of Cosmetology Northwood Centre 1940 North Monroe Street Tallahassee. Florida 32399-0792
Findings Of Fact At all times material hereto, Respondent Jyles R. Garmon is and has been licensed to practice cosmetology and operate a cosmetology salon in the State of Florida, having been issued license numbers CL 0028487 and CE 0034472. At all times material hereto, Respondent has been the owner of the cosmetology salon known as Blackmore Beauty Salon located in Fort Lauderdale, Florida. At Blackmore Beauty Salon, the brushes and combs are cleaned and dried with an electric dryer every night. Similarly, the sinks in the bathroom are cleaned and the work stations are wiped with a wet towel every night. Clean combs and brushes are used for each customer visiting the salon. They are cleaned in a large sanitizing tub in the back of the salon. Additionally, the brush dryer contains formaldehyde tablets and formaldehyde tablets are kept in the drawers where the sanitized combs and brushes are stored. The floors at the Blackmore are swept as soon as possible. Although the sinks are rinsed, some of tne chemicals used in the salon will stain the sinks. It is not possible to clean the stains in the sinks after each customer, but clorox is used regularly to remove the stains. On January 21, 1987, Leonard Baldwin, an investigator for the Department of Professional Regulation, conducted the annual inspection of Blackmore Beauty Salon. His inspection report reflected that there were no problems or deficiencies. On January 7, 1988, Baldwin again inspected the Blackmore Beauty Salon. No evidence was offered as to any prior disciplinary actions against Respondent who has been licensed since July 1, 1957 or against the Blackmore Beauty Salon which has been licensed since April 5, 1983.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be entered finding Respondent not guilty of the allegations contained in the Administrative Complaint and dismissing the Administrative Complaint filed against him. DONE and RECOMMENDED this 31st day of August, 1988, at Tallahassee, Florida. LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of August, 1988. COPIES FURNISHED: Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Tobi C. Pam, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Jyles R. Garmon, II 1217 East Las Olas Boulevard Fort Lauderdale, Florida 33301 Bruce D. Lamb, General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
Findings Of Fact Petitioner, Department of Professional Regulation, Board of Cosmetology (Board), is charged with the responsibility of regulating the practice of cosmetology. Among its responsibilities are the routine inspections of cosmetology salons to insure that all Board requirements are being met. On January 13, 1988 a Board inspector inspected the premises of From Hair on Etc., a licensed cosmetology salon in Clearwater, Florida. During the course of the inspection, the inspector observed a work station set up for respondent, Kristie J. Wheatley. The inspector also reviewed the salon's appointment book and noted manicure appointments for "Kristie" beginning around October 13, 1987 and continuing until January 19, 1988. However, the inspector did not find a license for respondent, and a subsequent search of Board records revealed that respondent was not registered with the Board. The inspector later talked with respondent by telephone. Respondent acknowledged that she had been employed as a manicurist at the salon since October 1987 and was not registered with the Board. She informed the inspector that she was unaware that the Board had begun enforcing a new law that required manicurists to be registered. According to owners of the salon, respondent performed manicure services in the salon for a three month period from October 1987 until January 1988. She was compensated for these services. In response to their inquiry as to her registration status, Wheatley told them she had filed an application for registration. Later on, she advised them the registration was at her home. When the owners learned from the inspector that respondent was not registered with the Board, her services were terminated.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent be found guilty as charged in the amended administrative complaint, that she be assessed a $150 fine, and that she not be permitted to register with the Board until such fine is paid. DONE and ENTERED this 24th day of February, 1989, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 February, 1989. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Professional Regulation 130 North Monroe Tallahassee, Florida 32399-0750 Kristie J. Wheatley 14194 Darts Drive Fenton, MI 48430 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 130 North Monroe Tallahassee, Florida 32399-0750 Myrtle Aase, Executive Director Department of Professional Regulation Board of Cosmetology 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue Whether the Respondent did violate Section 477.02(6); 477.27(1) and Section 477.15(8), Florida Statutes, and the rules and regulations of the State Board of Cosmetology promulgated pursuant there to in that he did allow students to work in the La Marick Beauty Salon, a salon owned by licensee, prior to making application and/or renewing an application for such work from the Board of Cosmetology.
Findings Of Fact Respondent F. W. Lorick, Jr. received notice of this hearing and filed his election of remedies stating no contest and that he did not plan to attend this hearing. Respondent does not personally work in the La Marick Beauty Salon, therefore employs a manager to manage the salon although it is licensed in the company's name. The company of which Respondent is president is one of a chain of beauty salons. Mrs. Madge Edwards, inspector for the State Board of Cosmetology, on or about February 24, 1976 entered Respondent Lorick's beauty salon and found a student working as a cosmetologist. The student was a non-licensed person who held no permit to work in a beauty salon. The inspector wrote a violation which is the subject of this hearing.
Recommendation Advise the Respondent F. W. Lorick, Jr. that he is guilty of violating Chapter 477, Florida Statutes, and rules and regulations promulgated thereto and that if other violations occur, his license may be revoked, annulled, withdrawn or suspended. DONE and ORDERED this 19th 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 Mr. F. W. Lorick, Jr., President La Marick Beauty Salon 2350 S. Ridgewood Avenue - Sunshine Mall South Daytona, Florida
The Issue Respondent's alleged violations of Sections 477.15(8), 477.231(c) & (2), Florida Statutes, Rules 21F-3.01 & 21F-3.10, Florida Administrative Code. Respondent was furnished notice of hearing and acknowledged receipt of said notice and the administrative complaint. (Exhibit 2)
Findings Of Fact Respondent holds a certificate as a master cosmetologist 0048790 issued by Petitioner on an unspecified date. He also holds a certificate of registration to operate a cosmetology salon license #22903 issued by Petitioner on February 2, 1976. The salon is called Mister Andrew Coiffure, and is located at 1259 East Los Olas Boulevard, Fort Lauderdale, Florida. On January 28, 1976, Petitioner's inspector visited Respondent's place of business, but Respondent was absent. The inspector had visited the shop on previous occasions at which time the Respondent had told him he was in the process of buying the salon, and the inspector had left an application for a state certificate of registration for a cosmetology salon. The inspector noticed there was no sign near the front door indicating that the premises were occupied by beauty or cosmetology salon. There was a card in the window which read "Mister Andrew Coiffure" (Testimony of Rubin). Respondent submitted a letter on his behalf dated June 9, 1976, which stated that he had not owned the salon at the time Petitioner's inspector had provided him with application forms for a state license. He claimed that he had had a card attached to the sign in his window which read "Beauty Salon" on January 28, 1976, but that since the inspector had not been satisfied with the card he has since changed the sign and put up 1 inch decal letters on the door spelling "Beauty Salon" (Exhibit 1). Respondent's application for a salon certificate was executed on January 29, 1976 and received by Petitioner on February 2, 1976.
Recommendation That the allegations against the 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 (904) 488-8675 COPIES FURNISHED: Ronald C. LaFace, Esquire P. O. Box 1752 Tallahassee, Florida Charles R. Gannon c/o Mister Andrew Coiffure 1259 East Las Olas Boulevard Ft. Lauderdale, Florida
The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for the reason that Respondent's beauty salon was operated in an unsanitary manner.
Findings Of Fact An Administrative Complaint was filed on May 31, 1977, against Rosie L. Tillman and Sarah Flanders citing the licensees for operating Flanders & Tillman Beauty Salon: "That you, said ROSIE L. TILLMAN AND SARAH FLANDERS d/b/a Flanders & Tillman Beauty Salon on April 28, 1977 did after numerous warnings, operate with combs and brushes full of hair; with hair and dust all over floors, inside drawers and in roller trays. Personal equipment was not sanitized." Respondent, Rosie L. Tillman, filed an election of remedies pleading "not guilty." The inspector for the Board had inspected subject shop on numerous occasions and had given verbal warning to keep a clean salon. On the date of the last inspection hair was found in the drawer, cloths were dirty, dirty brushes were left near clean brushes, brushes were inside the roller trays, and dust was on the floor. The Board's inspector requested the Respondent to correct the unsanitary conditions and returned for a second inspection in ten days. The salon had not been cleaned and the unsanitary conditions had not been corrected. Respondent contended that there was no way to keep the cited conditions from occuring in a beauty salon.
Recommendation Suspend Respondents' licenses for not less than thirty (30) days. DONE and ORDERED this 22nd 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 Rosie L. Tillman Flanders & Tillman Beauty Salon 955-F University Boulevard Melbourne, Florida 32901 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA STATE BOARD OF COSMETOLOGY STATE BOARD OF COSMETOLOGY, Petitioner, vs. CASE NO. 77-1019 LICENSE NO. SALON 16888 ROSIE L. TILLMAN and SARAH FLANDERS, d/b/a FLANDERS & TILLMAN BEAUTY SALON, Respondent. /
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.
