Findings Of Fact Respondent, Secret de Femme d/b/a Secret de Femme Hair Sculpture, operates a cosmetology salon at 65 Northwest 54th Street, Miami, Florida. It is the holder of cosmetology salon license number 0040317 issued by petitioner, Department of Professional Regulation, Board of Cosmetology (Board). Respondent, Gaston Eugene, does not hold any licenses issued by the Board. On or about November 5, 1987, a Board investigator, Frank Hautzinger, made a routine inspection of respondent's salon. 1/ When he entered the premises, he found a few persons in the salon, including one seated in a barber's chair. According to Hautzinger, respondent, Gaston Eugene, was "finishing up" the person seated in the chair. By this, Hautzinger meant that Eugene was brushing around the person's neck and collar as if he had just given that person a haircut. However, he did not actually see Eugene cutting hair, and Eugene received no compensation for his "services." Because Eugene speaks little or no English, Hautzinger was unable to carry on a meaningful dialogue with Eugene. He did learn that Eugene did not have a cosmetology license. A short time later, one of the owners, Amantha Jean-Joseph, returned to the salon. When questioned by Hautzinger about Eugene, she described Eugene as a temporary employee obtained through a local employment service. However, at hearing she denied making this statement. Both owners emphatically denied that Eugene was authorized to cut hair. Instead, they described his role as being limited to cleaning up the working area, cleaning barber tools, and opening and closing the shop. According to Amantha, on the day that Hautzinger visited the shop, Eugene had simply agreed to cut a nose hair of a friend and nothing more.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that all charges be DISMISSED. DONE AND ORDERED this 22nd day of April, 1988, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 22nd day of April, 1988.
The Issue Respondent's alleged violation of Section 477.02(6), Florida Statutes. Counsel for Petitioner announced that he had been unable to serve Respondent with a copy of the Administrative Complaint and Notice of Hearing. He further stated that Respondent no longer holds a Certificate of Registration to operate a cosmetology salon because Tippie's Beauty salon which she formerly operated is no longer in business. He further stated that he had no objection to a dismissal of the charge.
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 Barbara Spence c/o Tippie's Beauty Salon 209 S.W. 27 Avenue Fort Lauderdale, Florida
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following facts are found: At all times material to this proceeding, the Respondent has been licensed to practice cosmetology in the State of Florida, having been issued Florida cosmetology license, number CL 0057719. At all times material to this proceeding, the Respondent had been the owner of a cosmetology salon named Bikini Unisex Beauty Salon, located at 2500 East Hallandale Beach Boulevard, Hallandale, Florida, although at the time of the hearing Respondent had sold his interest in Bikini Unisex Beauty Salon. At all times material to this proceeding, the Respondent was licensed to operate the Bikini Unisex Beauty Salon as a cosmetology salon, having been issued Florida cosmetology salon license number, CE 0025617. On September 7, 1984, Alexa Aracha (Aracha), an inspector employed by Petitioner, conducted a routine inspection at Bikini Unisex Beauty Salon to check for compliance with sanitation and licensure requirements. At the time of the inspection, Mamie L. Thompson (Thompson) was shampooing the hair of a salon customer. Respondent has admitted that Thompson was employed by him, d/b/a Unisex Bikini Beauty Salon, as a cosmetologist the past fourteen (14) years. Thompson's cosmetology license, number CL 0031825, expired on June 30, 1984, and was not renewed until November 17, 1984. Although it appears that Thompson had completed the necessary hours of continuing education to have her license renewed, the record is clear that between July 1, 1984 and November 17, 1984 Thompson's cosmetology license, number CL 0031825, was in an inactive status. Respondent, due to Thompson's length of employment with him, did not check Thompson's license to see if it was current and was unaware that her license had expired. At the time of the inspection, Linda S. Marlowe (Marlowe) was present in the salon but was not working. Respondent's appointment book indicated that Marlowe had scheduled appointments for the afternoon of the day of the inspection. Respondent admitted that Marlowe was employed by him, d/b/a Bikini Unisex Beauty Salon, as a cosmetologist, and had worked a couple of days just prior to the inspection. The record is clear that Marlowe's cosmetology license, number CL 0057700, expired June 30, 1984, and was not renewed until January 16, 1985. Although it appears that Marlowe had completed the necessary hours of continuing education to have her license renewed the record is clear that between July 1, 1984 and January 16, 1985 Marlowe's cosmetology license, number CL 0057700, was in an inactive status. The record shows that there had been sickness in Marlowe's family and due to this sickness, she did not have the necessary funds to renew her license. Again, due to Marlowe's length of employment with Respondent, Respondent did not check Marlowe's license to see if it was current and was unaware that her license had expired. At all times material to this proceeding, Linda S. Marlowe and Mamie L. Thompson were not licensed to practice barbering in the State of Florida.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the charge of violating Section 477.0265(1)(b)2., (1)(d), Florida Statutes (1983) be dismissed. It is further RECOMMENDED that Respondent be found guilty of the violation of Section 477.029(1)(c), Florida Statues (1983). For such violation, considering the mitigating circumstances surrounding the violation, it is RECOMMENDED that the Board of Cosmetology issue a letter of Reprimand to the Respondent. Respectfully submitted and entered this 25th day of June, 1985, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 25th day of June, 1985. COPIES FURNISHED: Charles Tunnicliff, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Valentino Malloggi Pro se 2500 E. Hallandale Beach Boulevard Hallandale, Florida 33009 Ms. Myrtle Aase Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Respondent's alleged violations of Rules 21F-3.02, 3.03 and 3.07, Florida Administrative Code. During the course of the hearing, counsel for Petitioner withdrew the alleged violations of Rule 3.03 and 3.07, F.A.C.
Findings Of Fact Respondent Corporation operates a cosmetology salon at 1626 South Federal Highway, Boynton Beach, Florida under Certificate of Registration Number 11579 issued by Petitioner on May 14, 1971. Petitioner's Inspector visited Respondent's salon on February 27, 1976 for a routine inspection. She discovered hair and soiled towels in cabinets at the various stations and observed that the carpeting was littered with hair. In addition, soft drink bottles and coffee cups were found in the area. Respondent's salon has been issued warnings in the past due to unclean conditions. The shop is now in a clean state. (Testimony of Padgett) Respondent's manager testified that some of the employees are natives of Puerto Rico and Cuba and are unaccustomed to the sanitary requirements of the United States thus making it difficult to control conditions. He conceded that the shop was not in proper condition on the date in question merely because that day was a Friday and the shop was quite busy. (Testimony of Wellmann)
Recommendation That Respondent be issued a formal written reprimand for violation of Rule 21f-3.02, Florida Administrative Code. 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 R. Basil Rutter, President Steppe's of Florida, Inc. Box 788 Athens, Ohio
The Issue Respondent's alleged violations of Section 477.02(4) & 477.15, Florida Statutes.
Findings Of Fact Respondent operates Kemp's Beauty Salon, 404 N.E. 10th Street, Boynton Beach, Florida, under Certificate of Registration Number 16286 to operate a cosmetology salon issued by Petitioner on November 18, 1971. (Stipulation). On May 22, 1975, Petitioner's inspector visited Respondent's salon and observed a man styling the hair of a patron. On May 23, the Inspector returned and observed the same man doing the same thing. He informed her that he did not have a state license. Respondent was not present on either occasion. (Testimony of Jennings) Respondent testified at the hearing that he had had no idea that the individual in question, who was a patron of the shop, was going to work on customers. On May 23rd Respondent had left the shop to have lunch. (Testimony of Kemp).
Recommendation That Respondent's salon license 16286 be suspended for a period of 30 days. 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 Thomas Kemp Kemp's Beauty Salon 404 N.E. 10 Street Boynton Beach, Florida
Recommendation That the allegations 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 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Neil P. Linden, Esquire 17071 West Dixie Highway North Miami Beach, Florida 33160
Findings Of Fact Patricia Strange began as a cosmetologist in North Carolina in 1966. Since October of 1977 she has practiced cosmetology in Panama City, Florida. The administrative complaint filed in the present case is the first complaint ever made by any public authority against her as a cosmetologist. Ms. Strange holds cosmetology license No. CL0059441. Petitioner's Exhibit No. 1. On November 13, 1970, the State Board of Cosmetology issued a "Certificate of Registration To Operate A Cosmetology Salon," No. 14877, for Pat's Petite Beauty Salon, 1848 Beck Avenue, Panama City, Florida. Under this license, respondent Strange operated a beauty salon for ten or eleven years. In early 1981, the building in which respondent operated her salon was sold, and she was asked to move the salon. She was given one month's notice that the salon lease, which expired April 30, 1981, would not be renewed. During the busy month that ensued, she effected a move to a new building at 2347 St. Andrews Boulevard in Panama City, where she opened for business under the name St. Lynn Gallery of Hair Design on the first Wednesday in May of 1981. She inquired about her city occupational license and was told that she need not worry about getting another until her current occupational license expired. Respondent was unaware of any requirement to obtain a new salon license from petitioner, until August 20, 1981. Charles I. Deckard, an investigator in petitioner's employ, called on respondent on August 20, 1981. When she showed him the salon license, he told her she needed to secure another license for the new location and issued a citation. The very next day respondent closed her shop, telephoned petitioner's Tallahassee office to inquire what documents she would need to secure a new salon license, gathered up all such documents, and made the trip to Tallahassee. She took with her a $40 cashier's check in petitioner's favor, as payment for a new salon license, dated August 21, 1981. Respondent's Exhibit No. 2. Petitioner then issued a new cosmetology salon license to respondent for St. Lynn Gallery of Hair Design.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the Board of Cosmetology reprimand respondent. DONE AND ENTERED this 20th day of August, 1982, in Tallahassee, Florida. ROBERT T. BENTON, II 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 20th day of August, 1982. COPIES FURNISHED: Drucilla E. Bell, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Russell R. Stewart, Esquire Post Office Box 2542 Panama City, Florida 32401 Myrtle Aase, Executive Director Board of Cosmetology 130 North Monroe Street Tallahassee, Florida 32301 Samuel R. Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue The issue in this case is whether the Respondent has violated Section 477.029(1)(c), Florida Statutes, by employing an unlicensed person to practice cosmetology.
Findings Of Fact At all times material to this case the Respondent, Marie Kettly Prezeau, d/b/a Kettly's Beauty Salon, has been licensed to practice cosmetology and operate a cosmetology salon in the State of Florida, having previously been issued licenses numbered CL 0150329 and CE 0039773. At all times material to this case, the Respondent has owned and operated a cosmetology salon named Kettly's Beauty Salon which is located at 8303 Northeast 2nd Avenue, Miami, Florida, 33137. On November 19, 1991, a routine inspection of Kettly's Beauty Salon was conducted by an inspector for the Department of Professional Regulation. Upon arrival at Kettley's Beauty Salon, the inspector found the door was locked and he had to knock in order to gain entrance to the licensed premises. The door to the beauty salon was opened by a person who was later identified as Ms. Marc Kettlyne. When the inspector entered the licensed premises, he observed six people inside the beauty salon; five people who appeared to be customers and Marc Kettlyne, who appeared to be in charge of the beauty salon. Two of the people who appeared to be customers were sitting in beauty chairs and the other three were sitting under driers. The owner of the beauty salon was not present when the inspector arrived. The inspector had difficulty communicating with Ms. Marc Kettlyne because the latter did not appear to speak English. Through one of the customers who volunteered to serve as translator, the inspector explained who he was, stated the purpose of his visit, and made various inquiries of Ms. Marc Kettlyne. Shortly after the arrival of the inspector, Ms. Marc Kettlyne made a telephone call in a foreign language. The customer who served as the volunteer translator explained to the inspector that Ms. Kettlyne had made a phone call to the owner of the beauty salon. The inspector waited in the beauty salon for approximately forty minutes before the owner of the beauty salon appeared. While he was waiting, the inspector saw Ms. Marc Kettlyne spraying a clear liquid on the hair of a customer and also saw her arranging the customer's hair in rollers. The inspector asked Ms. Marc Kettlyne to show him her cosmetology license. Ms. Kettlyne explained that she did not have a cosmetology license. The inspector then asked Ms. Kettlyne for identification. Ms. Kettlyne showed the inspector what appeared to be a valid Florida drivers license which showed her name to be Marc Kettlyne. Ms. Marc Kettlyne has never been licensed to practice cosmetology in the State of Florida. When the Respondent finally arrived at the beauty salon, she became very confrontational and belligerent with the inspector. The Respondent denied that Ms. Marc Kettlyne ever performed any cosmetology services in the beauty salon. The Respondent also said that she herself had performed all of the cosmetology services on the five customers who were present when the inspector arrived, and that she had merely stepped out for a few minutes to pay a bill. 1/
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that the Board of Cosmetology issue a Final Order in this case concluding that the Respondent, Marie Kettly Prezeau, has violated Section 477.029(1)(c), Florida Statutes, and imposing a penalty consisting of a period of probation for one year and an administrative fine in the amount of $500.00. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 3rd day of August 1992. MICHAEL M. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SC 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of August 1992.
