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and rules and regulations promulgated thereto and that if other violations occur, his license may be revoked, annulled, withdrawn or suspended.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 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 the license of Respondent should be revoked, annulled, withdrawn or suspended for violation of Section 477.02 (4), Florida Statutes, Section 477.27(1), (7) and (8), Florida Statutes, Section 477.15(8), Florida Statutes, and the rules and regulations promulgated pursuant thereto, to wit, Chapter 21F- and 21F-3.08, Florida Administrative Code, in that she operated a cosmetology salon without a certificate of registration, operated a salon without an active sterilizer and failed to maintain sanitary conditions.
Findings Of Fact The Respondent acknowledged receipt of a copy of the Administrative Complaint and Notice of Hearing by registered mail. The Respondent, Bertha Sewell, moved her place of business from 924 West Newhaven Avenue, Melbourne, Florida, to a new address without notifying the Board of her move. The inspector for the State Board of Cosmetology inspected the business shortly after the move from the licensed location to the unlicensed location. At the time of the move she found that the location was unlicensed and the shop was in disarray and in an unsanitary condition. The Respondent has now obtained a license from the Petitioner at the location to which she had moved `and her present location.
Recommendation Suspend the license of Respondent for operating a salon in a place not licensed by the State Board of Cosmetology for a period of seven (7) days. Suspend the license of Respondent for not maintaining her salon in a sanitary manner and without the proper sterilization equipment for a period of seven (7) days. DONE and ORDERED this 8th 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 and Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 Bertha Sewell 316 West Newhaven Avenue Melbourne, Florida 32901
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
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 Respondent's alleged violations of Section 477.02(4) & 477.15, Florida Statutes.
Findings Of Fact Respondent operates Kemp's Beauty Salon, 404 N.E. 10th Street, Boynton Beach, Florida, under Certificate of Registration Number 16286 to operate a cosmetology salon issued by Petitioner on November 18, 1971. (Stipulation). On May 22, 1975, Petitioner's inspector visited Respondent's salon and observed a man styling the hair of a patron. On May 23, the Inspector returned and observed the same man doing the same thing. He informed her that he did not have a state license. Respondent was not present on either occasion. (Testimony of Jennings) Respondent testified at the hearing that he had had no idea that the individual in question, who was a patron of the shop, was going to work on customers. On May 23rd Respondent had left the shop to have lunch. (Testimony of Kemp).
Recommendation That Respondent's salon license 16286 be suspended for a period of 30 days. 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 Thomas Kemp Kemp's Beauty Salon 404 N.E. 10 Street Boynton Beach, Florida
Findings Of Fact Marie J. Jeune, Respondent, owns an establishment known as Joset's Beauty Salon located at 341 N.W. 3rd Street, Pompano Beach, Florida. From January, 1984 until July, 1984 Respondent operated Joset's Beauty Salon as a cosmetology salon but at no time did she have a license from the Board of Cosmetology for the salon. During this time, she employed a licensed cosmetologist on the premises, and she testified that she did not know that the salon had to be licensed. She thought she was complying with the law by employing a licensed cosmetologist and obtaining an occupational license. In July, 1984 the licensed cosmetologist left her employment at Joset's Beauty Salon due to pregnancy. On October 9, 1984, Alexa Arachy, an inspector employed by the Department of Professional Regulation conducted an inspection of Joset's Beauty Salon. Inspector Arachy observed an unlicensed person, later identified as Respondent's sister-in- law, Ms. McPhaton Jeune, giving a shampoo to a woman in the salon. She also observed two shampoo sinks, a salon station, numerous open bottles of dyes and waving lotions, combs, brushes, towels, hair on the floor, and a trash container full of items which would normally result from the operation of a salon. At no time has either Respondent or Ms. McPhaton Jeune been licensed by the Board of Cosmetology or the Barber Board, nor has Joset's Beauty Salon ever been licensed by the Board of Cosmetology, or the Barber Board. Proposed findings of fact submitted by Petitioner pursuant to Section 120.57(1)(b)4, F.S. have been considered in making the above findings of fact. A ruling on each proposed finding of fact has been made either directly or indirectly in this Recommended Order, except where such proposed findings have been rejected as subordinate, cumulative, immaterial or unnecessary.
Recommendation Based upon the foregoing findings of fact and conclusions of law it is recommended that the Board of Cosmetology enter a Final Order imposing an administrative fine against Respondent in the amount of three hundred dollars ($300). DONE and ENTERED this 2nd day of April, 1985 at Tallahassee, Florida. DONALD D. CONN, 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 2nd day of April, 1985. COPIES FURNISHED: Theodore R. Gay, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Marie J. Jeune 341 N.W. 3rd Street Pompano Beach, Florida 33060 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Respondent's alleged violation of Rule 21f-3.10, Florida Administrative Code. Receipt of the Administrative Complaint and the Notice of Hearing was acknowledged by the Respondent. (Exhibit 1) Counsel for the Petitioner announced at the commencement of the hearing that Respondent's cosmetology salon was out of business and that said Respondent possessed no personal Certificate of Registration as a cosmetologist. Petitioner therefore interposed no objection to dismissal of the allegation.
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 Larry C. Wojtowicz c/o Nancy's Beauty Salon 2931 West Gate Avenue West Palm Beach, Florida
