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The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for employing a student without a permit to work who had not yet taken the state board examination for cosmetologists.
Findings Of Fact Elaine York is the owner and operator of the Act II Salon of Beauty. Mary Mainello, also called Kathy Mainello, is employed to work in he subject beauty salon. At the time of the inspection Miss Mainello had not yet obtained her work permit and had not taken the state board examination or been licensed to practice cosmetology. She told the inspector that she had been working doing shampoos and sets but that no damage was done. Therefore a violation notice was written against the owner of the salon. At the time of the inspection Miss Mainello was in the beauty shop of Respondent for the purpose of observing and was not on the payroll of the subject beauty salon. Although the inspector did not actually see her work, there was a station for her to work which . had been used at the time of the inspection. She said that she had been observing for a period of two (2) weeks. At the time of the inspection the owner, Mrs. York, was not in the shop, having gone to the bank. The Hearing Officer finds that the student, Mary Mainello, was in fact performing the duties of a cosmetologist, that is, shampooing and setting hair but without the knowledge or permission of the Respondent owner.
Recommendation Write a letter of reprimand for lack of close supervision of the student who should have learned the laws and rules pertaining to cosmetology. DONE and ORDERED this 19th 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. Kermit Coble, Esquire Coble, McKinnon, Reynolds, A Rothert, Bohner & Godbee, P.A. Post Office Drawer 9670 Daytona Beach, Florida 32020
The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for operation of a beauty salon in her home without a license in violation of Section 477.15(9), F.S., and Rule 21F-3.O1, F.A.C.
Findings Of Fact The Respondent, Catherine Birdsall, was cited on September 10, 1976, for operating a beauty salon in her home without a salon license by Inspector Geraldine Padgett. The Respondent, Birdsall, had a beauty salon set up in her home which could have been eligible for licensing by the Petitioner had her home been in a properly zoned area. Mrs. Birdsall was in fact operating a beauty salon although she was not charging her customers in money. It was a situation in which Mrs. Birdsall was practicing cosmetology so that she could be employed in another beauty salon as a cosmetologist. The patrons of Mrs. Birdsall repaid her for her cosmetology efforts by paying her for supplies and by doing other work for her on a barter- type arrangement. The Respondent is not now operating a beauty salon in her home and is now employed elsewhere.
Recommendation Send a Respondent a written reprimand for violation of the statutes and rules. DONE and ORDERED this 5th 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 Catherine Birdsall 5702 Cadillac Lake Worth, Florida 33460
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 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 Whether Respondent practiced cosmetology in a salon in Florida without a cosmetologist license as required by Chapter 477, Florida Statutes. Whether the Board has jurisdiction over Respondent. Whether the Division of Administrative Hearings has jurisdiction over Respondent.
Findings Of Fact Respondent was practicing cosmetology by shampooing the hair of a customer of Bernice Benbow d/b/a Bernice's Beauty Salon at a time when Respondent, Carrie Shingles had no certificate to practice cosmetology. Respondent admitted she was not a registered cosmetologist; that she did shampoo the hair of a customer in Bernice's Beauty Salon; that she performed such work without the permission of Bernice Benbow, the owner of the salon; that she did not know said action was contrary to the Florida Statutes or the rules and regulations of the Board of Cosmetology. Notice of Service was entered without objection and marked Exhibit 1. The witnesses were duly sworn
Recommendation Dismiss the complaint. August 27, 1975 date DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ms. Bernice Benbow 702 Magnolia Street Cocoa, Florida Ms. Carrie Shingles 606 Poinsett Post Office Box 1752 Tallahassee, Florida 32302 Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302 Ms. Artie Leigh Mitchell 427 Roosevelt Avenue Merritt Island, Florida Ms. Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087 Winter Haven, Florida 33880
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.
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
Findings Of Fact The Respondent plead "no contest" on his election of remedies, but stated that he planned to attend the hearing. The inspector for the Petitioner, State Board of Cosmetology, wrote a violation for the J & B Beauty Corner upon finding a girl shampooing a customer in said salon and upon inquiry found that the girl was not licensed to perform such cosmetology services. The Respondent stated that he did in fact employ said girl but was just trying to help out the young people in his area. He stated that another of his employees allowed the girl to do the shampooing when the shop was very busy on the day the inspection was made. He stated he knew nothing about the incident until after the inspector had left. The girl who was found shampooing without a license and the employee who had allowed her to practice cosmetology were discharged immediately after Respondent learned of the incident.
Recommendation Send a letter of reprimand to Respondent for violating Section 477.02(7), Florida Statutes. 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 William Gassman, Jr. J & B Beauty Corner 4051 Ocean Drive Lauderdale by the Sea, Florida 33308
