The Issue The issue is whether Respondent is guilty of the allegations contained in the Administrative Complaint filed against her, and, if so, what disciplinary action should be taken against her, if any.
Findings Of Fact 1 At all times material hereto, Respondent Sharon Burrows has been the owner of Celebrity Beauty Salon, License No. CE 0044646. On March 18, 1990, Petitioner conducted an inspection of Celebrity Beauty Salon. At the time, a customer was seated in each of the salon's two chairs. Flavie Atis was placing rollers in the hair of one of the customers. Since no licensure was posted as to employee Atis, inquiry by the inspector revealed that Atis did not have a current license and was not performing services pursuant to an exemption while awaiting examination or having recently graduated from a school of cosmetology. Placing rollers in a customer's hair is within the scope of the practice of cosmetology for which a license is required and is not within the scope of merely shampooing for which a license is not required. At the time of the inspection, sanitary towels and neck strips were not being used for each patron and not all equipment was free of hair.
Recommendation Base upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding Respondent guilty of violating the statutory and rule provisions set forth herein, imposing a $250.00 administrative fine against her, and placing her license on probation for a period of one year. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 25th day of October, 1990. LINDA M. RIGOT 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 25th day of October, 1990. APPENDIX TO RECOMMENDED ORDER DOAH CASE NO. 90-3566 Petitioner's proposed findings of fact numbered 1-7, 8(1), and 8(2), have been adopted either verbatim or in substance in this Recommended Order. Petitioner's proposed finding of fact numbered 8(3) has been rejected as not being supported by the weight of the evidence in this cause. Respondent's proposed finding of fact numbered 1 has been adopted either verbatim or in substance in this Recommended Order. Respondent's proposed finding of fact numbered 2 has been rejected as being unnecessary for determination of the issues herein. Respondent's proposed finding of fact numbered 3 has been rejected as not being supported by the weight of the evidence in this cause. COPIES FURNISHED: Michael Mone, Esquire Department of Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792 Sharon Burrows 3161 West Oakland Park Boulevard Fort Lauderdale, Florida 33311 Kenneth Easley, Esquire General Counsel Department of Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792 Myrtle Aase, Executive Director Department of Professional Regulation Board of Cosmetology 1940 North Monroe Street, Suite 60 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
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 since September 10, 1980, licensed to practice cosmetology in the State of Florida. Her current license expires June 30, 1992. At all times material hereto, including August 8 and 17, 1990, Respondent has been an employee of the Salon D'Angelo, a cosmetology salon located in Coral Springs, Florida. Lewis Morganstern is an inspector with the Department. On August 8, 1990, Morganstern conducted an inspection of the Salon D'Angelo, including Respondent's work station. During his inspection, Morganstern observed that (a) Respondent did not remove hair from combs and brushes before using them on the next patron; (b) the barbacide Respondent used to sanitize her combs and brushes had hair floating in it; and (c) the drawer in which Respondent stored her combs and brushes also contained her personal belongings. Morganstern warned that these practices were unlawful and therefore should cease. Upon leaving, he advised that he would return to conduct a follow-up inspection. As promised, Morganstern returned to the salon on August 17, 1990. He found the same violations that he had observed during his initial inspection nine days earlier.
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 $250.00 for having committed these violations. RECOMMENDED in Tallahassee, Leon County, Florida, this 6th day of September, 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 6th day of September, 1991. COPIES FURNISHED: Tracey S. Hartman, Esquire Mark Harris, Qualified Representative Department of Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792 Kim Raffaelli Salon D'Angelo 4623 North University Drive Coral Springs, Florida 33065 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issue for determination is whether Respondent committed the violations as alleged, and, if so, what disciplinary action is appropriate.
Findings Of Fact Lenny Layland owns the cosmetology salon located at 1935 Aloma Avenue in Winter Park, Florida. The salon was licensed effective August 13, 1987, under his ownership and the name, Contemporary Hair Design, license number CE-0044980. The same salon was previously licensed under the ownership of his sister, Lorrie Layland, as "Blazing Scissors." The shop has been in the family for several years. When Lenny Layland acquired ownership, no actual sale took place. His sister did not have time to run the shop, so he took it over in order to protect the family investment. He did not know that a new license was required until Valarie Flowers, the DPR inspector, visited the premises on July 22, 1987. As soon as she told him he needed a license, he acquired one. Lenny Layland also had purchased another salon that was not in his family and had properly acquired a license for it. At the time of Ms. Flowers' inspection, no other violations were found, nor is there evidence of prior violations by the Respondent.
Recommendation It is, therefore, RECOMMENDED: That a final Order be entered by the Board, finding Respondent violated Chapter 477, F.S., as alleged, and imposing an administrative fine of $50.00. DONE AND RECOMMENDED this 25th day of March, 1988, in Tallahassee, Florida. MARY CLARK 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 25th day of March, 1988. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Lenny Layland, Esquire Contemporary Hair Designs 1935 Aloma Avenue Winter Park, Florida 32792 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 William O'Neil, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue Whether Respondents operated their cosmetology salon in violation of the rule then in effect in which each cosmetology salon owner or manager should send to the Board every five (5) years a certificate from a licensed electrician showing that the electrical equipment in said salon is in safe operating condition. Regulation 21F-3.02, of the rules and regulations of the State Board of Cosmetology. Whether Respondents' license should be revoked, annulled, withdrawn or suspended.
Findings Of Fact The witness and Respondents were duly sworn. The Notice of Service and Complaint were entered without objection and marked Exhibit 1. The Election of Remedies and Electrical Certificate were entered into evidence as Exhibit 2 without objection. Respondents held a license as required by Board of Cosmetology Rule 21F-3.02, which was dated 1969. A notice of violation was written up by the Board at the five-year expiration of said license which was in 1974. Since the writing of the violation notice, the Board has rescinded the rule requiring an electrical certificate and Respondnets not having procured a certificate in a timely fashion did not then attempt to secure said certificate inasmuch as the rule had been rescinded.
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 Respondents' alleged violation of Sections 477.02(4), 477.15(8) & 477.27(1), Florida Statutes.
Findings Of Fact Respondent Corporation operates the Get Your Head Together Cosmetology Salon at 687 N.E. 79 Street, Miami, Florida, under Certificate of Registration Number 15219 issued by Petitioner on February 15, 1971. On April 7, 1975, Petitioner's Inspector visited Respondent's place of business and found two cosmetologists, Sergio Ruiz Calderon and Silvia Gonzalez, engaging in the practice of cosmetology without the presence of a master cosmetologist. Calderon was drying a customer's hair with a blower and Gonzalez was providing another customer with frosting and a hair cut. (Testimony of Patrick). Respondent's President, Geno Tranchida, testified that his brother, a master cosmetologist, was due to arrive at the salon at noon on April 7, and that he therefore left for lunch about 11:45 after instructing his employees not to perform any work while he was gone. The employees disregarded these orders and when Geno Tranchida returned his brother called and informed him that he was ill. (Testimony of Geno Tranchida).
Recommendation That Respondent be issued a written reprimand for the 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 Geno and Peter Tranchida c/o Get Your Head Together, Inc. 687 N.E. 79 Street Miami, Florida
The Issue Whether Respondent practiced cosmetology in her home without a salon certificate of registration. Whether the certificate of registration for a master cosmetologist held by the Respondent should be revoked.
Findings Of Fact Respondent holds a valid certificate of registration as a master cosmetologist No. 73476. Respondent does not hold a certificate of registration for a salon. Respondent was practicing the art of cosmetology in her home which was not in compliance with the requirements of Section 477.24(7), Florida Statutes. Said residence would not be eligible for a salon registration.
