Findings Of Fact At all times material, the Respondent Fernando Vargas Natal has been a licensed cosmetologist in the State of Florida, holding license number CL 009034. At all times material, Fahn Hair/Nails has been licensed as a cosmetology salon in the State of Florida, holding license number CE 0053197. At all times material, Samer Mace has been a registered nail specialist in the State of Florida, holding license number FV 0521832. Samer Mace was not licensed as a cosmetologist in the State of Florida at any time material to this case. DPR investigator Sandra McKenzie, using the name "Linda," telephoned Fahn Hair/Nails on November 28, 1990, and made an appointment to have her hair done by Samer Mace at 2:00 p.m. on November 30, 1990. On the appointment books at Fahn Hair/Nails, Samer Mace was listed as "Sam." Upon entering the business premises of Fahn Hair/Nails on November 30, 1990, at approximately 1:45 p.m., DPR investigator Richard Braun observed an appointment for "Linda" for hair services at 2:00 p.m. listed in the appointment book in the column for Sam." Investigator Braun also observed in the appointment book in the column for "Sam," other appointments scheduled that day for manicures, blow drys and washes. When Fernando Vargas Natal was questioned about the allegations concerning Samer Mace's unlicensed cosmetology activities, Mr. Natal admitted to investigator Braun that Samer Mace had been providing hair services to customers at Fahn Hair/Nails. When Samer Mace was questioned about the allegations concerning her unlicensed cosmetology activities, she admitted to investigator Braun that she had been providing hair services to customers while in the employ of the Respondent. Fernando Vargas Natal was aware that, at all times material, Samer Mace was licensed only to perform manicures, and was not licensed to perform hair services.
Recommendation For all of the foregoing reasons, it is recommended that the Board of Cosmetology enter a Final Order in this case concluding that the Respondent has violated Section 477.029(1)(c), Florida Statutes (1989), and imposing an administrative penalty of a fine in the amount of $500.00. DONE AND ENTERED at Tallahassee, Leon County, Florida, this 4th day of September, 1991. MICHAEL M. PARRISH, 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 9th day of September, 1991. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 91-2664 The following are my specific rulings on all proposed findings of fact submitted by all parties. As a preface to the specific findings which follow it is noted that there is conflicting evidence on some of the relevant facts in this case. In resolving those conflicts I have, for the most part, found the testimony presented on behalf of the Petitioner to be more persuasive than the testimony presented on behalf of the Respondent. Findings proposed by Petitioner: The following paragraphs of the findings proposed by the Petitioner are accepted in whole or in substance: 1, 2, 3, 6, 7, 8, 9, 10, 11, and 12. The following paragraphs of the findings proposed by the Petitioner are rejected as subordinate and unnecessary details: 4 and 5. Findings proposed by Respondent: The first sentence of the findings proposed by Respondent is rejected as contrary to the greater weight of the evidence. The second sentence of the findings proposed by Respondent is rejected as not supported by competent substantial evidence and as, in any event, irrelevant. The third sentence of the findings proposed by Respondent (the sentence incorporating the recommendation) is rejected as contrary to the greater weight of the evidence. COPIES FURNISHED: Ms. Myrtle Aase Executive Director Board of Cosmetology Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 Jack McRay, Esquire General Counsel Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 Mr. Mark E. Harris Paralegal Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Mr. Fernando Vargas Natal Fahn Hair/Nails 11921 South Dixie Highway, Suite 200 Miami, Florida 33156 Mr. Andrew H. Hand Fahn Hair/Nails 11921 South Dixie Highway, Suite 200 Miami, Florida 33156
The Issue The central issue in this case is whether the Respondent is guilty of the violations alleged in the administrative complaint dated January 15, 1991; and, if so, what penalty should be imposed.
Findings Of Fact Based upon the testimony of the witnesses and the stipulation of the Respondent, the following findings of fact are made: The Department is the state agency authorized to regulate the practice of cosmetology within the State of Florida. At all times material to the allegations of the administrative complaint, Respondent has been licensed to practice cosmetology in the State of Florida. She has been issued license number CL0058007. Prior to August 1, 1990, the Respondent owned and operated a cosmetology salon named "The Hair Lovers" which was located at 3867 Wekiva Springs Road, Longwood, Florida 32779. The Respondent co-owned the salon with an individual named Dan Arace. On or about August 1, 1990, Respondent dissolved her partnership with Mr. Arace, the lease for the salon was transferred to her, and she assumed sole responsibility for The Hair Lovers. Subsequently, when the license for The Hair Lovers was renewed, Respondent neglected to delete Mr. Arace from the license information. The license was kept current at all times but erroneously included Mr. Arace's name. On October 2, 1990, Sara Kimmig, an inspector employed by the Department, performed an annual inspection of the premises. During that inspection, Ms. Kimmig noted that the license for the salon did not contain current information (since Mr. Arace was no longer there). Respondent agreed to, and did, submit an updated license renewal form and the Department reissued the license with the deletion of Mr. Arace's name. Approximately two months of operation elapsed during which time the license information was not accurate. Also during the inspection performed on October 2, 1990, Ms. Kimmig observed the following conditions at The Hair Lovers: hair was found in uncovered containers; uncovered service containers were discovered; and hair was in brushes which were supposed to be clean. Based upon her observations and the admissions of Doug Rubin (aka "Tamara"), Ms. Kimmig cited The Hair Lovers for not sanitizing implements between use.
Recommendation Based upon the foregoing, it is RECOMMENDED: That the Department of Professional Regulation, Board of Cosmetology enter a final order finding the Respondent guilty of violating Sections 477.029(1)(b) and (i), Florida Statutes, and imposing an administrative fine in the amount of $250.00. DONE and ENTERED this 14 day of June, 1991, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14 day of June, 1991. COPIES FURNISHED: Tracey S. Hartman Senior Attorney Department of Professional Regulation 1940 N. Monroe Street, Suite 60 Tallahassee, Florida 32399-0792 Christine Peetz 3867 Wekiva Springs Road Longwood, Florida 32779 Myrtle Aase Executive Director Board of Cosmetology 1940 North Monroe Street Tallahassee, Florida 32399-0792 Jack McRay General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Respondent Hair and Company currently holds License No. CE 0024217 and is a business at 1930 Hallandale Boulevard, Hallandale, Florida Respondent Ettie Studnik is the wife of the owner of Hair and Company and the bookkeeper and manager of the salon. Three (3) employees of the Respondent salon, Elena Sirak, Jethsabel Morales and Arelis Penton, were not licensed cosmetologists during the period of time pertinent to this hearing between November, 1979 and February 20, 1980. On November 27, 1979 an investigator employed by Petitioner Department, Providence J. Padrick, issued a notice of violation to Respondent Studnik for permitting an unlicensed person, Elena Sirak, to shampoo the heed of a paying customer. Sirak was also given a notice of violation. (Transcript, pages 10 through 12). Thereafter, upon a second inspection of the salon on February 20, 1980, Padrick found the same employee again giving a paying customer a shampoo. Two (2) other unlicensed persons employed by Respondent salon were also performing shampoos for paying customers. Padrick issued notices of violation to Morales and Penton, but Sirak left the salon before she could issue a second notice of violation to her. A second notice of violation was issued to Respondent Ettie Studnik as owner of the salon. The three (3) unlicensed employees of the Respondent salon were students at local beauty schools and were employed by Respondent Studnik for cleaning the salon. They were permitted to shampoo customers at times when there were numerous customers waiting in the salon to he served. (Transcript, pages 11, 12. 27, 29. 32 and 33) At the time of the first inspection in November, 1979 Padrick discussed the violation with Respondent Studnik, who represented herself as the owner of Hair and Company, and told her that unlicensed persons were not allowed to shampoo the paying customers. During the hearing the owner of Hair and Company, Neal Studnik, stated that Respondent Ettie Studnik is his wife and operates the salon in his absence. Respondent Studnik acted in behalf of the owner, under his supervision and with his consent at the time pertinent to the hearing.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered censuring the owner of the Respondent Hair and Company and assessing a civil penalty not to exceed $500.00. DONE and ORDERED this 24th day of June, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND 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 24th day of June, 1981. COPIES FURNISHED: Drucilla E Bell, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Michael H. Weisser, Esquire Skylake State Bank Building 1550 NE Miami Gardens Drive North Miami Beach, Florida 33179 Nancy Kelley Wittenberg, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether Respondent's cosmetology license should be suspended, revoked or whether Respondent should be disciplined for conduct, as a licensee, which will be set forth hereinafter in detail.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received, the proposed memoranda and the entire record compiled herein, the following relevant facts are found: Noella C. Papagno (herein sometimes referred to as Respondent) is a licensed cosmetologist under the laws of the State of Florida and has been issued License Number CL 0107656, which license is current through June, 1984. Respondent has been practicing cosmetology for approximately twenty-five (25) years and, prior to being licensed in Florida, was licensed to practice in Rhode Island. (Petitioner's Composite Exhibit No. 1.) Richard Gloss has been employed in the Building and Zoning Department for the City of Dania, Florida, for the past two (2) years. On or about October 12, 1981, Gloss received a complaint that Respondent was operating a salon at one of the ticket booths located at the flea market, 1930 North Federal Highway in Dania Florida. Gloss made a routine inspection through the flea market and observed a sign in front of a ticket booth occupied by the Respondent where upon he approached Respondent and identified himself as an employee of the City of Dania in the Building and Zoning Department. After identifying himself, Gloss inquired of Respondent whether she was properly licensed to conduct a beauty salon. Prior thereto, Respondent had offered to cut his hair. Respondent admits to having offered to cut Gloss's hair and related that she had been cutting hair at that location for approximately two and one half (2 1/2) years and that she charged customers from $.50 to $4.00, depending on the length of their hair and the amount of time it took to cut it. She also explained that she had two (2) licenses -- her cosmetology license and a Broward County Council license -- in order to carry on this business. Respondent described in a very detailed manner her method of water hair cutting and she explained that she used no chemicals and did not attempt to perform any kind of chemical services. Additionally, Respondent testified that she suffers from various allergies and her physician has cautioned her to stay away from dust in beauty salons. (Respondent's Exhibits Nos. 4 and 7.) In mitigation, Respondent offered the fact that she was providing a service which would not be otherwise available and that the equipment that she used is sanitized and that theme was no testimony offered by Petitioner of any ill effects by her operation at the subject facility. Finally, Respondent feels that the Board should grant her a specialty license, although she has not applied for a license based on her feelings that it would not be granted. [Testimony of Respondent and Edmund Gabler, a Broward County resident and customer of Respondent for approximately two (2) years.]
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED: That Respondent be placed on probation for a period of one (1) year, during which time she must comply with all provisions of Chapter 477, Florida Statutes, and rules promulgated thereunder, specifically including the proviso that she not practice cosmetology in an unlicensed location. RECOMMENDED this 11th day of August, 1982, in Tallahassee, Florida. JAMES E. BRADWELL, 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 11th day of August, 1982.
Findings Of Fact On April 28, 1968, the Respondent, Elke H. M. Richey, was issued cosmetology license number CL 0060439 by the Florida Board of Cosmetology. The Respondent renewed this license as required until June 30, 1982. However, during the period from July 1, 1982, through January 10, 1983, the Respondent did not hold an active license to practice cosmetology. On November 18, 1982, Agostino Lucente, an inspector employed by the Department of Professional Regulation, went to the premises of a business named Hair Fashions by Elke, located at 1790 State Road 13, Switzerland, Florida to conduct an inspection. This business was selected for inspection because it appeared on a list of cosmetology salons whose licenses were not current. The Respondent was present during this inspection, and she admitted that she was the owner of the salon. Although the Respondent was not actually observed performing any cosmetology services, the inspector observed the Respondent make appointments for such services by telephone and with persons who came in. In addition, there was on the premises equipment used in the practice of cosmetology such as hair dryers and shampoo stations, hair rollers, creams and lotions. There was an exterior sign advertising Hair Fashions by Elke, there were business cards available for distribution inside the premises, the salon was open for business and there was displayed an occupational license with the Respondent's name on it. This evidence supports a finding that the Respondent was engaged in the practice of cosmetology. On November 24, 1980, the Florida Board of Cosmetology issued to the Respondent license number CE 0030890 for a cosmetology salon named Hair Fashions by Elke, located at 1790 State Road 13, Switzerland, Florida. This license expired on June 30, 1982, and it was not in effect when the Respondent's salon was inspected on November 18, 1982. After the inspection of November 18, 1982, the Respondent attempted to renew her cosmetology license number CL 0060439 and her cosmetology salon license number CE 0030890. On January 11, 1983, the Board of Cosmetology issued a renewal of the Respondent's cosmetology license number CL 0060439, but it did not issue to the Respondent a renewal of her cosmetology salon license number CE 0030890, and the Respondent eventually sold Hair Fashions by Elke in August of 1983.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent, Elke H. M. Richey, be found guilty as charged in the Administrative Complaint, and that license number CL 0060439 be suspended for one year as penalty for count one, and that the Board of Cosmetology issue a reprimand to the Respondent, Elke H. M. Richey, as penalty for count two. THIS RECOMMENDED ORDER entered this 9th day of December, 1983. WILLIAM B. THOMAS, 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 December, 1983. COPIES FURNISHED: Theodore R. Gay, Esquire 130 North Monroe Street Tallahassee, Florida 32301 Elke H. M. Richey 1790 State Road 13 Switzerland, Florida 32043 Myrtle Aase, Executive Director Department of Professional Regulation - Board of Cosmetology 130 North Monroe Street Tallahassee, Florida 32301 Fred M. Roche, Secretary 130 North Monroe Street Tallahassee, Florida 32301
The Issue The issue in this case is whether Respondent engaged in the practice of cosmetology without a license, a legally prohibited act which, if performed, would warrant the imposition of sanctions.
Findings Of Fact Respondent Reyna I. Guzman ("Guzman") is an individual who, at all relevant times, was employed as a cashier or administrative assistant at Koko Cuts Hair and Color Salon ("Koko Cuts") in Miami, Florida. Although Koko Cuts is a Florida-licensed salon, Guzman herself is not licensed in Florida as a cosmetologist. On February 2, 2006, two investigators of Petitioner Department of Business and Professional Regulation ("Department") entered Koko Cuts to perform an inspection. They observed Guzman "working on" a woman's hair. The woman was sitting in a stylist's chair and appeared to be a regular customer. In fact, however, the "customer" was Guzman's sister. Guzman's boss had granted Guzman permission to color her sister's hair, using the chemicals and supplies on hand at the salon. Guzman was performing this service for her sister for free. Guzman testified credibly, and the undersigned finds, that Guzman was not paid any money for coloring her sister's hair. There was, moreover, neither clear and convincing, nor even merely persuasive, evidence that Guzman received any other service or thing of value in consideration for the work that she performed on her sister's hair. Based on the instant record, it is determined, as a matter of ultimate fact, that Guzman received no "compensation"— —as that term is defined in Florida Administrative Code Rule 61G5-18.00015——in exchange for performing the service of coloring her sister's hair.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Cosmetology enter a final order acquitting Guzman of the charges that the Department brought against her in this proceeding. DONE AND ENTERED this 14th day of September, 2006 in Tallahassee, Leon County, Florida. S JOHN G. VAN LANINGHAM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of September, 2006. COPIES FURNISHED: Reyna I. Guzman 2257 Southwest 3 Street Miami, Florida 33135 Charles Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 Robyn Barineau, Executive Director Board of Cosmetology Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0790 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
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.
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 violated Sections 477.21(1); 477-15(8) and 477.02(4), Florida Statutes, by operating a cosmetology salon on at least three different occasions to-wit: January 23, 1975, January 24, 1975 and January 30, 1975, without the direct supervision of a master cosmetologist.
Findings Of Fact Notice of this hearing was served on Respondent. The Division of Administrative Hearings has jurisdiction over the proceeding. Respondent holds a current cosmetology salon license No. 14954 and cosmetologist license No. 68986 Respondent, by her own written admission, has, on January 23, January 24 and January 30, 1975, operated her salon without the supervision of a master cosmetologist.
