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BOARD OF COSMETOLOGY vs. JAMES F. TOBIN, 83-002265 (1983)
Division of Administrative Hearings, Florida Number: 83-002265 Latest Update: Dec. 09, 1983

The Issue The issue presented herein is whether or not the Respondent operated a cosmetology salon without a current active salon license.

Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, a post- hearing memorandum, and the entire record compiled herein, I hereby make the following relevant findings of fact. Respondent, James F. Tobin, was at all times material herein licensed by the State of Florida to practice cosmetology and has been issued cosmetologist license number CL 0096393. (Petitioner's Exhibit 1) During December, 1980, Respondent purchased a cosmetologist salon then named Sisters Two which is located at 17036 W. Dixie Highway, North Miami Beach, Florida. Respondent thereafter renamed the salon "All About Hair" and at all times subsequent to December, 1980, owned and operated All About Hair as a cosmetologist salon. During July or August, 1981, Respondent submitted to the Petitioner an application for a cosmetology salon license for All About Hair enclosing therewith a check made payable to the Petitioner in the amount of $40. On August 13, 1981, Petitioner received the application and on the following day, August 14, 1981, Petitioner cashed the Respondent's $40 check. The Department did not approve the application and on August 19, 1981 returned the application to Respondent together with a cover letter stating the following three reasons: The application was not accompanied by a diagram of the salon, The lease was not in the Respondent's name, and The application failed to specify the type of dry sanitizer that Respondent was using in the salon. Upon receipt of the returned application from the Petitioner, the (Respondent) gave it to his mother for completion and for resubmittal to the Petitioner. A completed cosmetology salon license application form for All About Hair was not received by the Petitioner from Respondent until August 8, 1983. Upon receipt of the completed application, the Department issued its cosmetology salon license number CE 0035291 for All About Hair on September 10, 1983. (Petitioner's Exhibit 4) Respondent, by and through its business manager, acknowledged that it never received from the Petitioner a cosmetology salon license in the name of All About Hair prior to September 8, 1983. Although the Respondent assumed that his mother immediately re-submitted the returned application to the Petitioner, other than the finding herein that the returned application was re-submitted to Petitioner on August 8, 1983, there was no direct testimony offered in support of that assumption. On September 30, 1982, Petitioner's investigator and inspector, Dorsey Hayes, made a routine inspection of All About Hair. During the course of that inspection, inspector Hayes discovered a discrepancy between the salon named All About Hair and the license which it was operating under, Sisters Two. At no time prior to September 10, 1983, did the Respondent hold a valid current license for the cosmetology salon All About Hair.

Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED that the Respondent shall pay an administrative fine to the Petitioner in the amount of $250 within thirty days of the date of the Final Order herein. RECOMMENDED this 9th day of December, 1983, 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 9th day of December, 1983.

Florida Laws (5) 120.57455.225477.025477.028477.029
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BOARD OF COSMETOLOGY vs. ROBERT WINTERMUTE, D/B/A ELIZABETH ARDEN, 76-001065 (1976)
Division of Administrative Hearings, Florida Number: 76-001065 Latest Update: Oct. 06, 1977

The Issue Respondent's alleged violation of Section 477.14(1) & 477.17, Florida Statutes. Receipt of Administrative Complaint and Notice of Hearing was acknowledged by Respondent. (Exhibit 1)

Findings Of Fact On May 20, 1975, Respondent was employed at the Elizabeth Arden cosmetology salon, 340 Miracle Mile, Coral Gables, Florida. This salon operates under Certificate of Registration No. 21626 issued by Petitioner on May 8, 1975. Petitioner's inspector had seen an ad in the Miami Herald to the effect that Respondent was employed at that establishment and she was aware of the fact that he did not hold a current cosmetologist license. She visited him on May 20, 1975 and he stated at that time that he had applied for a license. The inspector checked with Petitioner's records personnel and discovered that his license had not been renewed at that time. (Testimony of Padrick) Respondent submitted letters dated June 25, 1976 in which he stated that he had planned to attend his hearing but was unable to do so because of illness in the family. He further stated that he had been a licensed cosmetologist in the State of Florida for over 20 years, and previously one in Illinois for over six (6) years. He stated that he had severe medical problems and went out of the beauty field for approximately two years and when the job opportunity at Elizabeth Arden came along he forwarded a check for $35.00 to Petitioner to reinstate his cosmetology Certificate and that when Petitioner's inspector entered the shop on May 20, 1975, his new license had not yet been received. However, he did show her the check stub. They then jointly called Petitioner's Winter Haven office and he was advised that the check had not been received but that he should send a money order and his old license stub. He did so and his license was received on June 14, 1975. (Statement of Respondent)

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 P.O. Box 1752 Tallahassee, Florida Robert Wintermute c/o Elizabeth Arden 340 Miracle Mile Coral Gables, Florida

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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs RAQUEL SANTIAGO VEGA, 06-001562 (2006)
Division of Administrative Hearings, Florida Filed:Kissimmee, Florida May 03, 2006 Number: 06-001562 Latest Update: Jan. 03, 2007

The Issue The issue in this case is whether Respondent should be sanctioned for providing services as a cosmetologist without holding an appropriate license as required by Subsection 477.0265(1)(a), Florida Statutes (2005).

Findings Of Fact Vega is a native of Puerto Rico and has been a hair stylist since 1984. She was employed at the Beauty Gallery and Spa Salon (the "Salon") as a shampoo girl and receptionist at all times relevant to this proceeding. English is a second language to Vega, and she does not speak, read, or write the language well. At the final hearing in this matter, Vega testified through an interpreter or translator, Carmen Rodriquez. DBPR is the state agency responsible for, inter alia, the licensure of cosmetologists and cosmetology establishments in Florida. Daniel Hogan, JD, LLM, is a regional program administrator for DBPR, a position he has held for three years. He received training from his employer in order to perform inspections of cosmetology businesses and barbershops as part of his duties. He is responsible for the Orlando office and supervises the inspections of cosmetology and barber establishments conducted by that office. The Orlando office conducts about 3,500 such inspections each year, of which Hogan has involvement in approximately 500. On or about March 29, 2005, Hogan conducted a routine annual inspection of the Salon. During the inspection, Hogan noted two individuals working at the Salon: Vega and a Mr. Torres. Torres was sitting at the front part of the Salon. Hogan identified himself to Vega and Torres as an inspector for DBPR. Neither Vega nor Torres could produce a cosmetology license for review by Hogan when asked. Hogan saw Vega at a workstation, actively engaged in cutting a customer's hair. His efforts to question Vega concerning this matter were thwarted by Vega's inability to converse in English. Vega did produce for Hogan a cosmetology license, which had been issued in Puerto Rico. She also produced a copy of a letter from DBPR wherein Vega's application for licensure had been denied. The purpose of showing those documents to Hogan was to show him that she was a legal resident. She had initially perceived him as an immigration officer. During the course of Hogan's inspection, Ms. Matos, owner of the Salon, appeared. She confirmed to Hogan that Vega had been employed at the Salon for about twelve months. Matos did not appear at the final hearing. There was no testimony by the owner as to Vega's employment position at the Salon. Upon completion of his inspection, Hogan issued an inspection report and a Citation against Vega for practicing without a license. He gave Vega a copy of the citation, which Vega signed in his presence. The citation states that Vega was practicing cosmetology without a license.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Department of Business and Professional Regulation upholding the fine assessed in the Administrative Complaint. DONE AND ENTERED this 22nd day of September, 2006, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN 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 22nd day of September, 2006. COPIES FURNISHED: Raquel Santiago Vega 523 Delido Way Kissimmee, Florida 34758 Drew F. Winters, Esquire Matt Yeager Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Robyn Barineau, Executive Director Board of Cosmetology Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792

Florida Laws (4) 120.569120.57477.0265477.029
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BOARD OF COSMETOLOGY vs. SELIGMAN AND LATZ, INC., 75-000594 (1975)
Division of Administrative Hearings, Florida Number: 75-000594 Latest Update: Jan. 19, 1977

The Issue Whether Seligman and Latz, Inc., d/b/a May Cohen Beauty Salon did operate a cosmetology salon without the presence and supervision of a master cosmetologist in violation of Sections 477.27(1), 477.15(8), and 477.02(4), Florida Statutes.

Findings Of Fact Notice of this hearing was duly served on Respondent and Counsel for both parties were present. The Division of Administrative Hearings, Department of Administration has jurisdiction over the proceedings. Respondent holds a current cosmetologist salon license Number 7150. Two inspectors from the Board of Cosmetology entered the premises of the Respondent Seligman and Latz, Inc. late in the evening on September 19, 1974 and observed the Respondents' employee Joyce McClain practicing the art of cosmetology, to wit: combing out the hair of a customer. The employee, Joyce McClain, was not a master cosmetologist at the time. The inspectors for the Board observed the employee, discussed the violation with her and wrote a violation, presented it to her and left the premises, having inspected the area which was used as the public space in which the customers were invited and which the employees performed services for and on the customers. No master cosmetologist was in the room in which the employee, Joyce McClain, was arranging the hair of a customer and no master cosmetologist was in direct supervision of the salon at the time the inspectors were inspecting the salon as a part of their employment by the Board of Cosmetology. The Hearing Officer further finds upon consideration of all the facts and the evidence that the violation by the employee, Joyce McClain, to wit: combing and arranging the hair of a customer while a master cosmetologist was not present and was not directly supervising the operation is contrary to the requirements of Section 477.04, F.S. The Hearing Officer further finds that the time of the inspection was late in the day; that the Work being done by the cosmetologist, Joyce McClain, was not an inherently dangerous procedure; that the salon had master cosmetologists in its employment although said master cosmetologists were not in direct supervision of the cosmetologist at the time of the inspection; that the comb-out or combing and arranging of the hair of a customer is the practice of cosmetology as defined in Section 477.03(e), F.S.: "(e) Hairdressing or the arranging, waving, dressing, curling, cleansing, thinning, cutting, singeing, bobbing, bleaching, tinting, coloring, steaming, straightening, dyeing, brushing, beautifying or otherwise treating by any means the hair of any person."

Recommendation Suspend the license of Respondent or not less than one day and not more than thirty (30) days. DONE and ORDERED this 29th day of January, 1976. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald G. LaFace, Esquire Counsel for Petitioner John R. Forbes, Esquire Counsel for Respondent ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA FLORIDA STATE BOARD OF COSMETOLOGY BOARD OF COSMETOLOGY, Petitioner, vs. CASE NO. 75-594 LICENSE NO. 7150 SELIGMAN & LATZ, INC., d/b/a May Cohen Beauty Salon, Respondent. /

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BOARD OF COSMETOLOGY vs JUANA BLANCO, D/B/A BEAUTY SALON, MAYELIN UNISEX, 90-007651 (1990)
Division of Administrative Hearings, Florida Filed:Miami, Florida Dec. 03, 1990 Number: 90-007651 Latest Update: Apr. 24, 1991

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.

Florida Laws (5) 455.227477.013477.0265477.028477.029
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BOARD OF COSMETOLOGY vs. BERNARD D. FANFAN, 85-004108 (1985)
Division of Administrative Hearings, Florida Number: 85-004108 Latest Update: May 16, 1986

Findings Of Fact At all times material to this proceeding, the Respondent was the owner of Palm Beauty Salon located at 5084 N.E. 2nd Avenue, Miami, Florida. At all times material to this proceeding, Respondent Fanfan was licensed to operate Palm Beauty Salon as a cosmetology salon, having been issued Florida Cosmetology salon license number CE 0038205. Respondent Fanfan was not licensed to practice cosmetology in the State of Florida at any time. On August 19, 1985, Sharon Banks Geter (Geter), inspector for the Petitioner, inspected the Palm Beauty Salon and was accompanied by another inspector, Anthony Destro (Destro). At the time of the inspection on August 19, 1985, Adelaide Baltazar (Baltazar) and Myrtha Janvier (Janvier) were found to be performing cosmetology services in the Palm Beauty Salon. However, the evidence was insufficient to prove that Baltazar and Janvier were employed by Respondent Fanfan. Neither the Respondent nor Marie Herard (Herard) the manager of Palm Beauty Salon, were present when Geter and Destro inspected the Palm Beauty Salon on August 19, 1985. At all times material to this proceeding, Baltazar and Janvier were not licensed to practice cosmetology in the State of Florida.

Recommendation Based upon the Findings of Fact and Conclusions of Law recited herein, it is RECOMMENDED that the Board of Cosmetology enter a final order DISMISSING the Administrative Complaint filed against Respondent Fanfan. Respectfully submitted and entered this 16th day of May, 1986, 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 16th day of May, 1986. COPIES FURNISHED: Jane Shaeffer, Esq. Department of Professional Regulation 130 North Monroe Street Tallahassee, F1 32301 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, F1 32301 Salvatore A. Carpino General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, F1 32301 Bernard D. Fanfan Palm Beauty Salon 1323 NE 178 Street North Miami Beach, FL 33162 Myrtle Aase Executive Director Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32301 APPENDIX The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the Petitioner in this case. Rulings on Proposed Findings of Fact Submitted by the Petitioner Adopted in Finding of Fact 1. Adopted in Finding of Fact 2. Rejected as irrelevant and immaterial. Rejected as irrelevant and immaterial. Adopted in Findings of Fact 4 and 5. Adopted in Finding of Fact 7. Respondent Did Not Submit Any Proposed Findings of Fact

Florida Laws (3) 120.57477.0265477.029
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BOARD OF COSMETOLOGY vs. ELKE H. M. RICHEY, 83-002372 (1983)
Division of Administrative Hearings, Florida Number: 83-002372 Latest Update: Dec. 09, 1983

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

Florida Laws (4) 120.57455.225477.028477.029
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BOARD OF COSMETOLOGY vs. PATRICIA J. CANTRELL AND SHARON RISELING, 76-001052 (1976)
Division of Administrative Hearings, Florida Number: 76-001052 Latest Update: Oct. 06, 1977

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

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BOARD OF COSMETOLOGY vs. KATHERINE ZAVATTARO, D/B/A KIT`S BEAUTY SPOT, 84-002553 (1984)
Division of Administrative Hearings, Florida Number: 84-002553 Latest Update: Nov. 19, 1984

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.

Florida Laws (2) 477.0265477.029
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