The Issue Respondent's alleged violation of section 477.02(1), (3), (6), Florida Statutes. A copy of the Administrative Complaint and Notice of Hearing was received by Respondent, but he did not appear at the hearing. (Exhibit 1) At the commencement of the hearing, Petitioner's representative stated that Respondent's place of business, Jane's Beauty Salon, Fort Myers, Florida, is out of business and that Certificate of Registration to operate a beauty salon in that name No. 19330 issued by Petitioner in December, 1973, is no longer valid. Accordingly, counsel for Petitioner interposed no objection to dismissal of the matter.
Recommendation The the allegations against Respondent be dismissed. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Leon Rizzuto 2351 East Mall, Apartment 103 Fort Myers, Florida 33901 THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
Findings Of Fact Larry F. Plogg, presently holds an active cosmetology license issued by Petitioner, License No. CL-0125370, for the period September 1, 1982, through June 30, 1984. On May 11, 1982, Plogg began employment as a cosmetologist in a salon operated by Shear Pleasure, Inc., in Jacksonville, Duval County, Florida. This employment has been ongoing and continues to the present. Shear Pleasure, Inc., is the holder of License No. CE0027634, issued by Petitioner. Plogg's licensure was by the process of endorsement, in that Plogg had acted as a licensed cosmetologist in the State of Georgia prior to his employment in Jacksonville, Florida. On the date that Plogg was employed, Fontaine LeMaistre, owner of the Respondent salon, contacted Charles Coats, an investigator with Petitioner and inquired of him on the subject of Plogg's ability to assume his duties as a cosmetologist, pending the receipt of the Florida license by endorsement. Coats indicated that Plogg could begin his duties by posting an indication of the payment of fees for the issuance of the license, assuming that the application for license was otherwise proper. As contemplated by Coats, the posting of the indication of fee payment would serve as a temporary verification of pending licensure for purposes of any inspection of the salon on the question of employee licensure. Plogg had mailed a money order in the amount of thirty-five dollars ($35.00) to Petitioner to obtain his license. The date of this money order was May 10, 1982. Sometime in July, 1982, Plogg contacted the Petitioner to ascertain the status of his license request, having not received his Florida license. he was told that nothing had been filed in furtherance of his licensure by endorsement and that he should send another application together with necessary money. In complying with the instruction, Plogg filed another application form together with another money order on August 13, 1982. Between August 13, 1982, and August 27, 1982, an inspection was made by an unidentified employee of the Petitioner. At that time, Plogg had copies of the original money order of May 10, 1982, and the subsequent money order of August 13, 1982, together with his Georgia license posted for inspection. Notwithstanding Coats' prior assurance, the indication of licensure was questioned by the inspector and apparently the absence of a Florida license being posted at Plogg's work station led to the promotion of the present Administrative Complaint. Out of the circumstance of the inspection, Plogg became concerned about the status of his license request and spoke, by telephone, with Petitioner's employee in Tallahassee, Florida, and was told that he needed to submit another thirty-five dollars ($35.00) to gain licensure, in view of an increase in the fee requirement for licensure by endorsement. This was complied with by forwarding a money order on August 27, 1982, in the amount of thirty-five dollars ($35.00), leading to the aforementioned licensure by endorsement on September 1, 1982.
The Issue Whether Respondent, Elaine Jordan, doing business as Park Avenue Coiffures, did practice cosmetology without a valid Florida cosmetology license. Whether the Board should revoke, annul, withdraw or suspend the license of Respondent.
Findings Of Fact Respondent, Elaine Jordan, was practicing cosmetology as charged by the Board by shampooing the hair of a customer in the salon owned by Elaine Jordan doing business as Park Avenue Coiffures. Respondent holds Registration No. 18844 for the salon doing business as Park Avenue Coiffures. Respondent Elaine Jordan is not a registered, licensed cosmetologist. Notice of Service was entered without objection and marked Exhibit 1. The Complaint with the license attached thereto was entered into evidence as Exhibit 2 without objection. The witness was duly sworn.
Findings Of Fact Respondent, Rhonda Welker, is a licensed cosmetologist operating under License No. CL0116241. Her original license was issued on November 24, 1980, and expired on June 30, 1982. On November 9, 1982, Respondent was employed as a cosmetologist, and acting as such, by Coiffures by Kenneth, a beauty salon owned and operated by Respondent's father and mother, located at 887 Semoran Boulevard, Apopka, Florida. At that time, her license had expired and was denied renewal by the Board because she had failed to take 16 additional hours of continuing professional education subsequent to issuance of her license, but instead had only taken eight. As a result, she did not meet the Board requirements for renewal of her license, which became inactive at the date of expiration. When Valerie Flowers, an inspector for the Board of Cosmetology, performed her follow-up inspection of the salon where Respondent worked, on November 17, 1982, she observed Respondent styling a customer's hair. At this time, though Respondent had completed the required 16 hours of continuing professional education, her license had not yet been renewed. Respondent Rhonda Welker's current license was issued on January 30, 1983, and expires on June 30, 1984. Respondent failed to secure the required 16 hours of continuing professional education on the honest but mistaken belief that she only needed eight hours' worth. She felt that since her licensure was initially issued for less than two full years, she would only need the eight hours of continuing education for one year, which she had. Under the circumstances, Respondent, Rhonda Welker, was holding herself out as a cosmetologist when she did not have an active current Florida cosmetologist's license.
Recommendation In light of the foregoing, it is, therefore, RECOMMENDED: That Respondent be ordered to pay an administrative fine in the amount of $50. RECOMMENDED this 30th day of September, 1983, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 30th day of September, 1983. COPIES FURNISHED: Theodore R. Gay, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Ms. Rhonda Welker 887 Semoran Boulevard Apopka, Florida 32703 Mr. Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Ms. Myrtle Aase Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether Respondent violated Sections 477.02(6); 477.15(8); 477.27(1), Florida Statutes by allowing an unlicensed person to practice cosmetology in the Respondent's salon. Whether Respondent's license should be revoked, annulled, withdrawn or suspended.
Findings Of Fact Respondent is the owner-manager of the salon doing business as Hairworks, 600 East Business Hwy. 98, Panama City, Florida. Respondent appeared and admitted the fact of the two violations with which the Florida Board of Cosmetology had charged him and which were the subject of this hearing. Respondent admitted allowing Mary Whitfield to practice cosmetology in his salon with a valid cosmetology license. Said Mary Whitfield, has, as of the date of this hearing, a current Florida Cosmetology License No. 19649.
