Findings Of Fact At all times material hereto, Katherine Zavattaro was licensed to practice cosmetology in the State of Florida, having been issued license number CL 0076721. At all times material hereto, Katherine Zavattaro was licensed to operate a cosmetology salon named Kit's Beauty Spot and located at 3169 East Atlantic Boulevard, Pompano Beach, Florida. On January 25, 1968, Linda Jones was issued Florida cosmetologist license number CL 0060025. This license was subject to a biennial renewal condition that required it to be renewed by June 30 of each even-numbered year. (See Rule 21F-18.06, F.A.C. quoted in pertinent part below). On January 26, 1984, an inspector employed by Petitioner, observed Jones performing cosmetology services during a routine cosmetology salon inspection of Kit's Beauty Spot. Jones was unable to produce a current, active Florida cosmetologist license upon demand by the inspector. The license posted at Jones' work station had expired on June 30, 1982. Jones told the inspector that she had mistakenly left her current license at home. However, a check of Petitioner's licensing records indicated that Jones had never renewed the license which expired on June 30, 1982. A further check of Petitioner's files subsequent to the hearing revealed no correspondence or other evidence which would support Jones' claim. Jones testified under oath at hearing that in May, 1982, she applied to renew her Florida cosmetologist license. She further testified that around August, 1982, when she had not yet received her renewed license, she made a telephone call to Tallahassee, and was informed that her renewal application had not been received. She testified that in October or November, 1982, she reapplied to renew her cosmetologist license and that near the end of December, 1982, she received her renewed license. Respondent Jones was unable to produce any documentary evidence to corroborate this testimony. She stated that she apparently lost the license as well as the money order receipt which would have supported her claim that she tendered the license renewal fee. Petitioner and Respondent Jones were given a further opportunity to search for evidence of license renewal or attempted renewal. However, no late-filed exhibits were submitted which would support Jones' testimony. At all times material hereto, Katherine Zavattaro was the owner of Kit's Beauty Spot. In June, 1982, she hired Linda Jones to work there as a cosmetologist while Jones' license was still active. She did not require Jones to produce a current Florida cosmetologist license thereafter, and apparently relied on Jones' claim of renewal and her own knowledge that Jones had previously been employed at other cosmetology salons. Jones continued to work for Zavattaro as a cosmetologist at Kit's Beauty Spot, and was so employed at the time of Petitioner's inspection on January 26, 1984. The conflicting evidence regarding Jones' licensure status is resolved against her. Respondent Jones' inability to produce any evidence to support her testimony that she had paid for and/or been issued a license, along, with the absence in Petitioner's public records of any evidence that such license had been applied for, paid for or issued, establish that Jones' testimony is a product of mistake or fabrication.
Recommendation Based on the foregoing, it is RECOMMENDED that Petitioner enter a Final Order fining Respondent Linda Jones $500, and issuing a reprimand to Respondent Katherine Zavattaro, DONE and ENTERED this 13th day of September, 1984, in Tallahassee, Florida. R. T. CARPENTER 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 13th day of September, 1984.
Findings Of Fact At all times relevant hereto, Denver Owens was licensed as a barber in this state and has been so licensed for 26 years. Although Owens has worked in barbershops for most of the last 26 years, he never owned a shop until he opened this barbershop in Apopka some two years ago. At the time he opened the shop he obtained an occupational license which, with his current barber's license, he thought was all he needed to operate a one-man shop. On April 26, 1984, an inspector with the Department of Professional Regulation saw the barber's sign on the site not on her records and entered the shop to inspect. The only discrepancy which is material to the issues here is that no registration had been issued for the barbershop. When questioned by the inspector, Owens readily acknowledged that he had not applied for registration for a shop because he was unaware such registration was required. The following day Owens submitted an application to register his shop and obtained registration dated May 4, 1984. When told the Department proposed to assess a fine of $250 against him for operating without a shop license, Owens requested a hearing, the file was forwarded to the Division of Administrative Hearings, and this hearing ensued.
The Issue Whether Respondent's cosmetology license should be disciplined for the alleged violation of Chapter 477, Florida Statutes, as set forth in the Administrative Complaint.
Findings Of Fact Based upon the oral and documentary evidence adduced at the final hearing and the entire record in this proceeding, the following findings of fact are made. At all pertinent times, Respondent, Maureen Mitchell, was a licensed cosmetologist in the State of Florida having been issued License No. CL0079246 in accordance with Chapter 477, Florida Statutes. At all pertinent times, Respondent was employed at Barry's Place for Hair, a cosmetology salon located in Tamarac, Florida (the "Salon"). On January 22, 1990, Karen Olszewski went to the Salon for a permanent. Ms. Olszewski had previously had permanents without any problems or complications. Respondent was the cosmetologist who gave Ms. Olszewski the permanent on January 22, 1990. After Respondent rolled Ms. Olszewski's hair, she applied the permanent solution in accordance with the manufacturer's instructions. Within a minute after applying the solution, Ms. Olszewski complained that it was burning her scalp. Respondent told her that the solution was heat activated and there was nothing wrong. Ms. Olszewski complained at least two other times while the solution remained in her hair. Respondent did not take any actions to relieve the discomfort. Barry Barton, the owner of the Salon, looked under the bag that had been placed on Ms. Olszewski's head and stated that he did not see any problems. The chemicals remained on Ms. Olszewski's head and scalp for approximately 5 to 10 minutes in accordance with the manufacturer's instructions. When the recommended time had expired, Respondent shampooed Ms. Olszewski's hair. During the rinse, Ms. Olszewski again complained of pain. Barry Barton applied cold cream to the customer's scalp. The application of cold cream to an irritated scalp is not an accepted precaution or remedy for a chemical burn. Respondent did not properly respond to the client's continued complaints of discomfort. Respondent should have immediately stopped the procedure being performed and checked for redness or irritation of the scalp. If the search revealed any indications of a chemical irritation or a burn or if the complaints of discomfort continued, the chemical should have been immediately rinsed with cool water and a neutralizer applied. After leaving the Salon, Ms. Olszewski continued to experience discomfort. She called the Salon and the owner advised her that there was nothing that he could do. Ms. Olszewski went to a dermatologist who treated her for chemical burns on her scalp which were the result of the permanent. Ms. Olszewski experienced some temporary hair loss and had headaches for a couple of weeks following the permanent. There is no scarring or long term damage to her scalp. Respondent's conduct falls below the minimally accepted standards of a licensed cosmetologist. While there is no evidence that Respondent misapplied the chemicals or otherwise failed to follow the manufacturer's instructions, Respondent should have reacted more promptly to the customer's complaints of discomfort and terminated the procedure at an earlier point. Respondent did not make voluntary restitution to Ms. Olszewski for the cost of the permanent or the cost of the medical bills incurred. Ms. Olszewski initiated an action in small claims court for the sums. No evidence was presented as to the results of that legal action.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Board enter a final order finding Respondent guilty of a violation of Section 477.028, Florida Statutes, imposing a $200 fine and requiring Respondent to complete an advanced training course on the use of chemicals in the practice of cosmetology. RECOMMENDED this 9th day of September, 1991, at Tallahassee, Florida. J. STEPHEN MENTON 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, CASE NO. 91-2659 The Petitioner has submitted a Proposed Recommended Order. The following constitutes my rulings on the proposed findings of fact submitted by the Petitioner. The Petitioner's Proposed Findings of Fact Proposed Finding Paragraph Number in the Findings of Fact of Fact Number in the Recommended Order Where Accepted or Reason for Rejection. Adopted in substance in Findings of Fact 1. Adopted in substance in Findings of Fact 1. Adopted in substance in Findings of Fact 3. Adopted in substance in Findings of Fact 7 and 8. Adopted in substance in Findings of Fact 3 and 4. Adopted in substance in Findings of Fact 3 - 5. Adopted in substance in Findings of Fact 5. Adopted in substance in Findings of Fact 5. Adopted in substance in Findings of Fact 5. Adopted in substance in Findings of Fact 5. Adopted in substance in Findings of Fact 6. Adopted in substance in Findings of Fact 6. Adopted in substance in Findings of Fact 7. Adopted in substance in Findings of Fact 10. Adopted in substance in Findings of Fact 9. Addressed in the Conclusions of Law. COPIES FURNISHED: Mark Harris Qualified Representative Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 Maureen Mitchell, pro se 8100 Northwest 73rd Terrace Tamarac, Florida 33321 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Kaye Howerton, Executive Director Department of Professional Regulation Board of Cosmetology 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue This is a case in which the Petitioner seeks to impose an administrative fine against the Respondent by reason of statutory violations described in an Administrative Complaint which are alleged to have taken place in the course of the operations of the Respondent's cosmetology salon.
Findings Of Fact At all times material to this case, the Respondent has been licensed as a Cosmetologist, having been issued license number CL205771. The Respondent's last-known business address is 2600 Hammondville Road, Pompano Beach, Florida 33069, at which location he operates a Cosmetology Salon named Cut Creation. At all times material to this case, Cut Creation has been licensed as a Cosmetology Salon, having been issued license number CE53077. On February 5, 2004, the Respondent's business premises were inspected by Norma Fishner, an Investigative Specialist employed by the Department of Business and Professional Regulation. During the course of her inspection on February 5, 2004, Norma Fishner observed Christopher Mason cutting a customer's hair on the premises of Cut Creation. On that date Christopher Mason was not licensed as a Cosmetologist in the State of Florida. On February 5, 2005, Norma Fishner also observed an unidentified male cutting a customer's hair on the premises of Cut Creation. This unidentified male ran out the front door before he could be questioned or identified by Norma Fishner. Norma Fishner questioned the Respondent about the unidentified male who ran out the door and asked the Respondent to provide identifying information about that person. The Respondent refused to provide any information about that person. It was clear that the Respondent knew the identity of the unidentified male who ran out the door and that the Respondent knew that the unidentified male did not have a Cosmetologist license.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered in this case concluding that the Respondent is guilty of the violations alleged in the Administrative Complaint and imposing an administrative fine in the total amount of one thousand dollars ($1,000.00). DONE AND ENTERED this 27th day of July, 2005, in Tallahassee, Leon County, Florida. S MICHAEL M. PARRISH 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 27th day of July, 2005.
The Issue Whether Respondent engaged in the practice of cosmetology or a specialty without an active license in violation of Section 477.0265, Florida Statutes (2005), and, if so, what penalty should be imposed.
Findings Of Fact Based on the evidence and the testimony of witness presented, and the record in this case, the following findings of fact are found: At all times material hereto, Respondent was regulated by the Department. Respondent's last know address and his address of record with the Department is 421 Champagne Lane, Brandon, Florida 33510. This is also the address written on the Election of Rights Form submitted to the Department in which Respondent requested a formal hearing. At all times material hereto, John Miranda was employed by the Department as an environmental health specialist, where he has been working for approximately nine (9) years. As an environmental health specialist, Mr. Miranda conducts inspections for the Board of Cosmetology. On December 14, 2005, Mr. Miranda conducted an inspection of the Eclips Barber Shop (Eclips) located at 1221 Kingsway Plaza, in Brandon, Florida. During the inspection, Mr. Miranda observed Respondent cutting hair. However, when asked to do so, Respondent did not produce either a barber license or cosmetology license. On December 14, 2005, Respondent was not licensed as either a barber or a cosmetologist. Respondent was eligible to take the cosmetology examination on September 10, 2004. As of December 20, 2005, Respondent had successfully completed all parts of the cosmetology licensing examination. Respondent was not licensed as a cosmetologist until more than three months after the December 14, 2005, inspection. Respondent was initially issued a cosmetology license, License No. CL 1183800, on or about March 31, 2006. That license is current and active, with an effective date of March 31, 2006, through October 31, 2007.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, enter a final order (1) finding that Respondent, Camilo Torres, engaged in the practice of cosmetology without a license, an act proscribed by Subsection 477.0265(1)(a), Florida Statutes (2005), and (2) imposing an administrative fine of $500 for that violation. DONE AND ENTERED this 5th day of September, 2006, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD 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 5th day of September, 2006. COPIES FURNISHED: Camilo Torres 421 Champagne Lane Brandon, Florida 33511 Lee C. Hawley Charles Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32303 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
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's licenses as a cosmetologist and cosmetology salon owner in the State of Florida, should be suspended, revoked or otherwise disciplined for the alleged violations of Chapter 477, Florida Statutes, set forth in the Administrative Complaint.
Findings Of Fact Based upon the oral and documentary evidence adduced at the final hearing and the entire record in this proceeding, the following findings of fact are made. The Respondent is a licensed cosmetologist in the State of Florida, holding license number CL 141038. From April 13, 1987 until October 31, 1990, Respondent also held a license as a cosmetology salon owner, license number CE 0044081. The salon license expired on October 31, 1990 and was not renewed for the 1990-1992 period because the check submitted for payment of the renewal fee was dishonored by the bank for insufficient funds. This case is related to a separate administrative proceeding brought against Veronica Bonani, DPR Case Number 90-4671. In that case, Ms. Bonani was found by the Florida Board of Cosmetology to have been employed by the Respondent as a cosmetologist without a Florida license from January 3, 1990 to March, 1990. After conceding the allegations in that case, Ms. Bonani was fined one hundred dollars ($100). Petitioner has suggested that the complaint against Veronica Bonani was initiated by Respondent, apparently in retribution for Ms. Bonani's terminating her employment with Respondent to take another job. At the hearing in this cause, the Respondent denied that she reported Ms. Bonani to the Department. While this dispute has little bearing on the main issues in this proceeding, the more persuasive evidence was that Respondent reported Ms. Bonani to Petitioner after Ms. Bonani left her employment. The evidence established that the Respondent employed Veronica Bonani as a cosmetologist without a Florida license from January 3, 1990 to March, 1990. Veronica Bonani began seeking licensure by endorsement in Florida sometime in the Fall of 1989. Because of some problems in obtaining the necessary documentation, she experienced delays in obtaining a license. Her formal application for licensure in Florida is dated February 6, 1990 and was filed with Petitioner on February 15, 1990. Veronica Bonani did not receive authorization to practice as a cosmetologist in Florida until April 13, 1990. However, as indicated above, Ms. Bonani began working for Respondent in early January, 1990. Prior to beginning work for Respondent, Ms. Bonani advised Respondent that she was in the process of obtaining a Florida license, but was not yet licensed to practice cosmetology in the State of Florida. Respondent encouraged her to begin work anyway. When an inspector employed by Petitioner entered the Respondent's salon on February 22, 1990, the Respondent instructed Ms. Bonani to hide. However, Ms. Bonani openly revealed her status to the inspector. The inspector indicated during his February 22, 1990 visit that there was no problem with Ms. Bonani's employment since her application was pending and approval seemed imminent. This conclusion was erroneous. Respondent contends that she believed Ms. Bonani was entitled to begin work in Florida since she was in the process of obtaining licensure. However, there was no justifiable basis for Respondent to believe it was legal to employ Ms. Bonani in January, 1990. Indeed, the evidence and circumstances in this case indicate that Respondent was well aware that Ms. Bonani should not have been practicing prior to issuance of her Florida license.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Board of Cosmetology enter a Final Order finding Respondent guilty of violating Sections 477.0265(1)(b)(2), 477.0265(1)(d), 477.029(1)(c) and 477.029(1)(h), Florida Statutes, imposing an administrative fine of three hundred dollars ($300) and allowing the Respondent to pay this amount in three (3) payments. DONE and ENTERED this 18th day of March, 1992, at Tallahassee, Florida. J. STEPHEN MENTON 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 18th day of March, 1992. APPENDIX TO RECOMMENDED ORDER Only Petitioner submitted proposed findings of fact. The following constitutes my rulings on those proposals. The Petitioner's Proposed Findings of Fact: Proposed Finding Paragraph Number in the Findings of Fact of Fact Number in the Recommended Order Where Accepted or Reason for Rejection. Subordinate to Findings of Fact 1. Subordinate to Findings of Fact 2. Subordinate to Findings of Fact 3 and 4. Subordinate to Findings of Fact 4, 5, 6 and 7. Copies furnished: Renee Alsobrook, Senior Attorney Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792 Steven Lulich P.O. Box 1390 Sebastian, Florida 32978 Jack McRay, General Counsel Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792 Kaye Howerton, Executive Director Department of Professional Regulation/Board of Cosmetology Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792
