The Issue Whether Respondent, a cosmetology salon, permitted an unlicensed person to perform cosmetology services as alleged in the Administrative Complaint, dated April 24, 2007, and, if so, what disciplinary action should be taken against Respondent's license.
Findings Of Fact Based on the evidence and the entire record in this proceeding, the following findings of fact are found: At all times material hereto, Respondent was licensed and regulated by Petitioner, Department of Business and Professional Regulation, as a cosmetology salon owned by Immacula Evans. Respondent is a licensed cosmetology salon, license number CE9966208, whose address of record with Petitioner is 11329 North Nebraska Avenue, Tampa, Florida 33612. At all times material hereto, John R. Miranda was employed by the Petitioner as an Inspector. On or about March 8, 2006, Miranda conducted an inspection of Respondent's establishment located at 11329 North Nebraska Avenue, Tampa, Florida. Miranda observed that an unidentified male was practicing cosmetology without a license. A citation was personally issued to Respondent's owner. On or about March 17, 2006, Miranda conducted a re- inspection of Respondent's establishment. In the course of this inspection, Miranda observed that Pierre Elionze was practicing cosmetology without a license. A citation was issued to Respondent. On or about March 24, 2006, Miranda conducted another inspection of Respondent's establishment. In the course of this inspection, Miranda observed that Dwight Booquet, Christine Marc, and Moveta S. Swalters were each practicing cosmetology without a license. A citation was issued to Respondent. On or about June 7, 2006, Miranda conducted a further inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet was again practicing cosmetology without a license, and a citation was issued. On or about July 29, 2006, Miranda conducted another inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet yet again practicing cosmetology without a license, and a citation was issued. On or about August 11, 2006, Miranda conducted an inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet was again practicing cosmetology without a license, and a citation was issued. Respondent has engaged in the unlawful and repeated violations of Subsection 477.0265(1), Florida Statutes, between March 8 and August 11, 2006.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Cosmetology enter a final order revoking Respondent's cosmetology establishment license number CE 9966208, and impose an administrative fine in the amount of $5,000. DONE AND ENTERED this 11th day of September, 2007, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE 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 11th day of September, 2007.
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. During times material, Respondent was licensed by the State of Florida to practice cosmetology and has been issued license number CL 0075643. During approximately March or May of 1977, Esther's Beauty Salon, located at 3326 NW 2nd Avenue, Miami, Florida, was open for business and operated as such with the public as a cosmetology salon under Respondent's ownership. On February 23, 1977, Florida cosmetology salon license number CE 0024609 was issued to the Respondent for Esther's Beauty Salon. While that license, as issued, was a permanent license, it subsequently became subject to a biennial renewal. As such, the first renewal deadline thereunder was June 30, 1980. [Section 477.025(8), Florida Statutes (supp. 1978)] Respondent did not renew her cosmetologist salon license number CE 0024609. Although the Respondent first contends that she did not receive a renewal notice for her license, she later admitted that she was the subject of numerous personal problems stemming from a divorce and pregnancy with her first child and that she may have overlooked the renewal notice. It is here found that the Respondent's failure to renew her cosmetology salon license was the result of an oversight on her part. On February 2, 1983, Petitioner, through its inspector, Steven Granowitz, inspected Esther's Beauty Salon. At that time, Respondent was operating Esther's Beauty Salon. She was advised that her cosmetologist salon license number CE 0024609 was not valid. Respondent subsequently applied for a new Florida cosmetology salon license and on May 12, 1983, salon license number CE 0034670 was issued to Respondent for Esther's Beauty Salon.
Recommendation Based on the foregoing findings and fact and conclusions of law, the fact that the Respondent upon notification by inspector Granowitz that her license was, in fact, delinquent, immediately applied for and obtained a currently active cosmetology salon license, and other mitigating factors, I hereby recommend that Respondent shall pay an administrative fine of $250. 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.
The Issue Whether Respondent should be fined for alleged violations of Chapter 477, Florida Statutes, occurring prior to her licensure.
Findings Of Fact Respondent, Catherine Shepherd, is the owner of a cosmetics studio named Merle Norman Cosmetics. The studio is located at 13275 South 14th Street, Leesburg, Florida 32748. Her primary business is the sale of cosmetics to the public. A very small portion of her business is nail sculpting. Except for the nail sculpting, Respondent is not otherwise subject to the strictures of Chapter 477, Florida Statutes. Respondent, dba Merle Norman, is a licensed cosmetology salon in the State of Florida having been issued license number CE 0048712. Respondent obtained her license January 24, 1989, after Petitioner's investigator informed her that the law required her to have a cosmetology salon license in order to do nails at her establishment. Prior to January 24, 1989, Respondent was not licensed as a cosmetology salon. When the cosmetology statutes were last adopted, Respondent was informed by the Board's investigator that she would have to employ a licensed cosmetologist in order to do nails at her studio. Respondent thence forward employed a licensed nail sculptor to perform this service. However, the Board's investigator did not inform Respondent that she was also required to have a cosmetology salon license to employ a licensed nail sculptor. She was, therefore, unaware that the law required such a license. Respondent operated as a cosmetology salon without a license for approximately two years.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Cosmetology enter a Final Order fining the Respondent one hundred dollars ($100.00). DONE and ENTERED this 18th day of July, 1989, in Tallahassee, Florida. DIANE CLEAVINGER 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 July, 1989. APPENDIX CASE NO. 89-2445 The proposed facts contained in paragraphs 1, 2, 3 and 4 of Petitioner's proposed Findings of Fact are adopted, in substance, in so far as material. The proposed facts contained in paragraphs 5 and 6 of Petitioner's proposed Findings of Fact are subordinate. COPIES FURNISHED: Cynthia Gelmine, Esquire Department of Professional Regulation North wood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0760 (904) 488-0062 Catherine Shepherd dba Merle Norman 1327 South 14th Street Leesburg, Florida 32748 Ms. Myrtle Aase Executive Director Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32390-0729 Kenneth Easley, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32390-0729
The Issue Whether the Respondent did practice cosmetology in her home without a valid salon license in violation of Section 477.02(1)(3), F.S. and Rule 21F-3.10, F.A.C.
Findings Of Fact Mrs. Brenda J. Lopsenzski is the holder of cosmetology license No. 0081729. Mrs. Margaret L. Boswell, Inspector for the Board of Cosmetology, entered the home of Respondent at which time Respondent was shampooing a lady's hair in her home. The home was not properly equipped as a beauty salon at the time of the inspection b Mrs. Boswell and there were no patrons in the home other than the lady upon whose hair the Respondent was working. The testimony of the Respondent which I believe to be the facts and which were not denied by the Inspector for the Board were as follows: Respondent held a junior license and in order to keep her skill and in order to do favors for a few friends, would style hair for these friends. She charged them no fee and "practiced" both for her benefit and the benefit of a few friends. The actions of Respondent as shown by the testimony and evidence are not a violation of Chapter 477, F.S. or Rule 21F-3.10, F.A.C.
Recommendation Dismiss the complaint. DONE and ORDERED this 5th day of August, 1976. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire 101 East College Avenue Tallahassee, Florida Brenda J. Lopsenzski 406 North Boyd Street Winter Garden, Florida
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
Findings Of Fact On May 5, 1953 Petitioner issued barbershop license number BS0007761 to Respondent for the operation of Mr. S. Haircuttery, a barbershop located at 17846 South Dixie Highway, Miami, Florida. Petitioner's letter to Respondent dated May 5, 1983 states, "All persons employed as barbers or barber assistants are required to have a current and valid license." Respondent has maintained his license and operated Mr. S. Haircuttery, as owner, at all times material hereto. On October 16, 1984 Bettye C. Rogers, an inspector employed by Petitioner, entered Mr. S. Haircuttery to inspect the premises. The barbershop was very clean and sanitary, and had all required equipment. Ms. Rogers observed a person, later identified as Marietta Thompson, cutting a customer's hair. Upon inquiry it was determined that Marietta Thompson was not licensed at the time by the Barbers' Board or the Board of Cosmetology. Respondent admits that Marietta Thompson was not licensed at the time of the inspection. He points out, however, that her employment of four days was immediately terminated, and that she had been referred to him by a cosmetology school as a person who had passed her cosmetology exam and was just waiting to receive her license. Respondent has been licensed as a barber in Florida for approximately twenty years and as a cosmetologist for approximately seven years. During that time he has owned and operated four licensed shops and employed approximately fifteen licensed employees at his shops. The evidence establishes that the incident involving Marietta Thompson is Petitioner's only violation of the applicable licensing laws during the time he has been licensed. Marietta Thompson was employed by Respondent from October 13 to October 16, 1984. In making the above findings of fact, proposed findings submitted by Petitioner pursuant to Section 120.57(1)(b)4, F.S., have been considered. A ruling on each proposed finding of fact has been made either directly or indirectly in this Recommended Order, except where such proposed findings have been rejected as subordinate, cumulative, immaterial or unnecessary.
Recommendation Based upon the foregoing, it is recommended that petitioner issue a Final Order which imposes a reprimand against Respondent's barber shop license number BS0007761. DONE and ENTERED this 2nd day of April, 1985 at Tallahassee, Florida. DONALD D. CONN 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 2nd day of April, 1985
Findings Of Fact Petitioner, Department of Professional Regulation, Board of Cosmetology, is the state agency charged with regulating the practice of cosmetology pursuant to Section 20.30, Chapters 455 and 477, Florida Statutes. Respondent, Nadine Alice Walker d/b/a Nadine's Styling Salon, is licensed to practice cosmetology and to operate a cosmetology salon, having been issued license number CL 0102000 and CE 0032562. During times material hereto, Respondent Walker has been the owner/operator of a cosmetology salon named "Nadine's Styling Salon" located at 1014 East Cass Street, Tampa, Florida 33602. Respondent Hunt, during times material, was not a licensed cosmetologist in Florida. During a routine inspection of Respondent Walker's salon on June 16, 1990, inspector Steve Yovino, who is employed by Petitioner to conduct routine inspection of, inter alia, cosmetology salons to determine their compliance with Chapter 477, Florida Statutes, observed Respondent Hunt using an electric dryer to "blow dry" a customer's hair which she had shampooed. Respondent Hunt was compensated for her services. On the day of the inspector's routine inspection of Respondent Walker's salon, it was the first day that Respondent Hunt had assisted Respondent Walker at Walker's styling salon. Respondent Hunt is presently enrolled in a cosmetology school to become trained and licensed as a cosmetologist in Florida. Respondent Walker engaged the services of Respondent Hunt to assist her in those duties in which an unlicensed cosmetologist can engage in, to wit, performing routine maintenance around the salon to include sweeping and cleaning the booth areas. Respondent Walker's aim was to assist Respondent Hunt in gaining experience in those areas of cosmetology which did not require a license. Neither Respondent Hunt nor Respondent Walker have been the subject of prior disciplinary action by the Petitioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: Petitioner enter a Final Order imposing an administrative fine against Respondent Nadine Alice Walker in the amount of $100, payable to Petitioner within thirty (30) days of the entry of its Final Order and issue Respondent Nadine Alice Walker a letter of guidance. Petitioner enter a Final Order imposing an administrative fine against Respondent Tracy Hunt in the amount of $100, payable to Petitioner within thirty days of the entry of its Final Order and issue Respondent Tracy Hunt a letter of guidance. 1/ RECOMMENDED this 28th day of February, 1991, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL 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 28th day of February, 1991.
The Issue Respondents' alleged violation of Sections 477.02(4), 477.15(8) & 477.27(1), Florida Statutes.
Findings Of Fact Respondent Corporation operates the Get Your Head Together Cosmetology Salon at 687 N.E. 79 Street, Miami, Florida, under Certificate of Registration Number 15219 issued by Petitioner on February 15, 1971. On April 7, 1975, Petitioner's Inspector visited Respondent's place of business and found two cosmetologists, Sergio Ruiz Calderon and Silvia Gonzalez, engaging in the practice of cosmetology without the presence of a master cosmetologist. Calderon was drying a customer's hair with a blower and Gonzalez was providing another customer with frosting and a hair cut. (Testimony of Patrick). Respondent's President, Geno Tranchida, testified that his brother, a master cosmetologist, was due to arrive at the salon at noon on April 7, and that he therefore left for lunch about 11:45 after instructing his employees not to perform any work while he was gone. The employees disregarded these orders and when Geno Tranchida returned his brother called and informed him that he was ill. (Testimony of Geno Tranchida).
Recommendation That Respondent be issued a written reprimand for the violation of Section 477.02(4), Florida Statutes 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 Geno and Peter Tranchida c/o Get Your Head Together, Inc. 687 N.E. 79 Street Miami, Florida
The Issue Whether Respondent, Francisco Portes, violated Subsections 476.194(1)(a), 476.194(1)(e)1., and 476.194(1)(e)2., Florida Statutes (2003), and, if so, what disciplinary action should be imposed.
Findings Of Fact At all times material hereto, Respondent was unlicensed as a barber by the Department's Barbers' Board of the State of Florida. At all times material hereto, the name of the business located at 1447 North Pine Hills Road, Orlando, Florida (North Pine Hills address), was "Still Keeping It Real." That business was not licensed by Florida Barbers' Board.1/ The Department, though its employees, conducted a compliance sweep, and/or inspection, of the facility named "Still Keeping It Real" on February 7, 2004, after Petitioner received information that there was a "possible unlicensed barber shop or cosmetology salon" operating at that location. David Hogan, a regional program administrator with the Department, and two of the Department's employees participated in the compliance sweep and inspection. Mr. Hogan has been employed with the Department for approximately ten years, during which he has attended numerous training sessions provided by the Department. At all times material hereto, Mr. Hogan was certified as an investigator by the Council on Licensure Enforcement and Regulation by Eastern Kentucky University. On February 7, 2004, Mr. Hogan and the two inspectors initially conducted surveillance of the establishment located at the North Pine Hills address from a parking lot across the street from the establishment. There was a sign on the front of the building that said "Michael J's Still Keeping It Real" or "Michael J's Keeping It Real." During the 15 to 20 minutes that Mr. Hogan and the inspectors observed the establishment, there were a number of cars parked in the establishment's parking lot and a number of people were observed coming and going from the establishment. Based on the foregoing observations, Mr. Hogan and the inspectors believed that they had sufficient cause to enter the building. Once inside the establishment, Mr. Hogan conducted an inspection of the premises of "Still Keeping It Real." During the inspection, Mr. Hogan observed approximately four to six work stations, all of which had barbering and/or cosmetology implements set up at them. In a separate room at the establishment, there were also two more cosmetology stations. Mr. Hogan conducted an inspection of each of the work stations at the establishment. Although there were individuals at some of the work stations performing various barbering services on customers in the chairs in the work stations, no barber or cosmetology licenses were posted in any of the work stations. Upon request, with one exception, the individuals working at the various work stations would not produce identification. Moreover, none of the individuals working in the work stations produced either a cosmetologist license or barber license issued by the Department. Within five to ten minutes of Mr. Hogan's entering the establishment, all but one of the individuals working there and their customers left the premises. The only remaining individual working in the establishment completed the haircut he was giving his customer. After the haircut was completed, the customer paid the person who cut his hair and then left the establishment. As of February 7, 2004, the date of the inspection, Respondent had owned and operated the business establishment at the North Pine Hills address for approximately three months. The name of the business establishment located at the North Pine Hills address, immediately prior to Respondent's becoming the owner and operator of the business, was "Michael J's Keeping It Real." However, when Respondent took over the business, he named it "Still Keeping It Real." During the February 7, 2004, inspection, Respondent gave Mr. Hogan one of Respondent's business cards. Imprinted on the business card was the name of the business establishment, "Still Keeping It Real"; the address of the business, "1447 N. Pine Hills Road, Orlando, Florida"; and Respondent's name, "Frank Portes." The word "barber" was imprinted on the business card immediately below Respondent's name. Respondent testified that he performed services at "Still Keeping It Real" and that he did not have a barber's license at the time of the inspection. Although not licensed as a barber, Respondent mistakenly believed that because he had completed cosmetology school and registered for the cosmetology examination, he could work under the supervision of someone with a license. Respondent testified that he was working under the supervision of Michael J., the previous owner of the establishment, who, at the time of the inspection, still worked at the establishment. However, at the time of the inspection, Michael J. was not on the premises of the establishment. Furthermore, no evidence was presented at this proceeding to establish that Michael J. was licensed as either a barber or cosmetologist by the Department. Under limited circumstances, individuals who have graduated from cosmetology school may cut hair and perform other services included within the statutory definition of cosmetology prior to obtaining their cosmetology license, if they are supervised by a licensed cosmetologist. See §§ 477.013(4) and 477.019(4), Fla. Stat. (2003). However, graduates of cosmetology schools who have failed the cosmetology examination twice may not practice under the supervision provision in Subsection 477.019(4), Florida Statutes (2003). Respondent graduated from cosmetology school about two and a half years ago. After completing cosmetology school, Respondent took the cosmetology licensure examination twice, but failed to pass the examination. Because he was unsuccessful in passing the examination, Respondent planned to go back to cosmetology school for 200 more hours and then re-take the cosmetology licensure examination. A person who is licensed as a cosmetologist or properly working under the supervision of a licensed cosmetologist, may cut hair and perform other services included within the definition of both "barbering" and "cosmetology." (See Subsections 476.034(2) and 477.013(4), Florida Statutes (2003), which reflect that the definition of "cosmetology" encompasses many of the services also included in the definition of "barbering.") Respondent was ineligible to provide barbering services under either of the qualifying circumstances described in paragraph 18. First, based on Respondent's testimony, he was not licensed as either a barber or a cosmetologist. Second, despite Respondent's mistaken belief to the contrary, even if it is assumed that Michael J. was licensed and present on the premises at the time of the inspection, Respondent was ineligible to perform services under the supervision of a licensed person pursuant to Subsection 477.019(4), Florida Statutes (2003), because he had failed the licensure examination twice.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, the Department of Business and Professional Regulation, enter a final order (1) finding that Respondent, Francisco Portes, engaged in acts proscribed by Subsections 476.194(1)(a), 476.194(1)(e)1., and 476.194(1)(e)2., Florida Statutes (2003); and (2) imposing an administrative fine of $500 for each violation for a total of $1,500. DONE AND ENTERED this 18th day of July, 2005, 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 18th day of July, 2005.
The Issue Whether the Respondent violated Chapter 477, Florida Statutes and the rules and regulations of the Florida Administrative Code promulgated pursuant there to by allowing a beautician who is not a master beautician with a master's license to practice cosmetology in Respondent's salon when a master cosmetologist was not present.
Findings Of Fact Ardie Smiley Collins, an inspector for the Petitioner State Board of Cosmetology, entered Mae's Magic Mirror, a shop owned and operated by Respondent Shellie M. Mays on July 8, 1975 at about 5:00 p.m. A Mrs. Annette Yoeman was practicing cosmetology in the salon without a master cosmetologist being present. Mrs. Yoeman holds a license to practice cosmetology but is not a master cosmetologist.
Recommendation Suspend the salon license of Shellie M. Mays, d/b/a Mae's Magic Mirror, for a period of one month from the date of the final order herein. DONE and ORDERED this 19th day of August, 1976 in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire 101 East College Avenue Tallahassee, Florida Shellie M. Mays 108 9th Avenue East Bradenton, Florida ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA FLORIDA STATE BOARD OF COSMETOLOGY FLORIDA STATE BOARD OF COSMETOLOGY, Petitioner, vs. CASE NO. 76-1101 SALON LICENSE NO. 14455 SHELLIE M. MAYS, d/b/a MAE'S MAGIC MIRROR, Respondent. / FINAL AGENCY ORDER The Florida State Board of Cosmetology adopts as part of the Agency's Final Order the conclusions of law, interpretation of administrative rules and findings of fact dated August 18, 1976, a copy of which is attached hereto and incorporated herein by reference. The State Board of Cosmetology has additionally reviewed the recommended penalty of the Hearing Examiner and feels that the recommended penalty would be unduly harsh under the circumstances of this case since the violation is a first offense, and therefore reduces the recommended penalty in the Hearing Examiner's Order of a thirty-day suspension of the Respondent's salon license and substitutes instead a letter of reprimand. That the entry and publication of this Final Order shall constitute a reprimand or warning to the Respondent not to engage in a course of conduct in the future which would violate the Florida Cosmetology Law, Section 477, Florida Statutes, or the Rules and Regulations of the Florida State Board of Cosmetology. A copy of this Final Agency Order, including the reprimand contained herein, shall become a part of the Respondent's permanent files. ENTERED this 28th day of September, 1976. Violet Llaneza, Chairman Florida State Board of Cosmetology Copies Mailed To: Shellie M. Mays 108 9th Avenue East Bradenton, Florida Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida
