The Issue Whether Respondent violated Sections 477.21(1); 477-15(8) and 477.02(4), Florida Statutes, by operating a cosmetology salon on at least three different occasions to-wit: January 23, 1975, January 24, 1975 and January 30, 1975, without the direct supervision of a master cosmetologist.
Findings Of Fact Notice of this hearing was served on Respondent. The Division of Administrative Hearings has jurisdiction over the proceeding. Respondent holds a current cosmetology salon license No. 14954 and cosmetologist license No. 68986 Respondent, by her own written admission, has, on January 23, January 24 and January 30, 1975, operated her salon without the supervision of a master cosmetologist.
The Issue Whether Respondent Margrea Hudson allowed a nonlicensed person to practice cosmetology in her salon d/b/a Margrea's Beauty Salon in Lakeland, Florida.
Findings Of Fact A copy of the Administrative Complaint with Election of Remedies, Salon License No.l 6766, and the receipt for certified mail were received into evidence without objection and marked Composite Exhibit 1. Respondent admitted that she was guilty of the violation charged.
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 The issue in this case is whether any disciplinary action should be taken against Respondent's cosmetology salon license.
Findings Of Fact Respondent is the owner and operator of a cosmetology salon known as "Reflections of You" located in Tallahassee, Florida. Respondent had purchased the salon from the previous owners. Randall Smith was an inspector for the Department of Business and Professional Regulation, whose duties included the inspections of cosmetology salons. On December 24, 1994, Inspector Randall Smith conducted a routine inspection of Reflections of You. The salon was open to the public, and employees were present. Respondent was present during the inspection. During the inspection Respondent admitted to having problems with the previous owners on the purchase of the salon and thought that her lawyer had taken care of all the necessary requirements to own the business. Respondent believed that the transfer included the proper transfer of the salon license. However, Respondent had not been issued a new salon license listing her as the new owner after her purchase. After concluding his discussion with a representative from the Cosmetology Board office, Inspector Randall Smith wrote a Uniform Citation and served it on the Respondent by hand delivery. The Uniform Citation served on the Respondent indicated a fine in the amount of five hundred (500.00) dollars for failure to have a proper salon license. Respondent neither paid the citation nor challenged the fine contained in the citation. The citation therefore became a Final Order of the Board of Cosmetology on February 1, 1995 by operation of law. In mitigation of her failure to transfer her license, Respondent applied and paid fifty-five (55) dollars for a new salon license on December 24, 1994, the day after the inspection by Randall Smith, and was issued a new salon license. Presumably, Respondent's cosmetologist license was current.
Recommendation Based upon the findings of fact and the conclusions of law, it is, RECOMMENDED: That the Board of Cosmetology enter a Final Order finding Respondent guilty of violating Section 477.029(1)(i), Florida Statutes and guilty of violating Section 477.025(7), Florida Statutes and imposing a fifty (50.00) dollar fine for the two violations. DONE and ENTERED this 26th day of August, 1996, in Tallahassee, Leon County, Florida. DIANNE CLEAVINGER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SUNCOM 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of August, 1996.
The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for allowing two unlicensed persons to practice cosmetology in the beauty salon licensed as May Cohen's Soul Sissors.
Findings Of Fact A joint motion to consolidate the above styled cases was made for the reason that the charges grew out of the same incident. The motion was granted. A motion was made requesting permission for the Respondent to file affidavits late and the permissions was granted without objection by the Petitioner but with a reservation to file objections when the affidavits were filed. The affidavits were filed July 26, 1977 and are a part of the record. No objection has been filed by Petitioner and the thirty days from date of hearing allotted by the Hearing Officer has expired. The statements in the affidavit are consistent with the evidence and testimony at the hearing and with the findings of facts herein. The Administrative Complaints were issued on May 31, 1977 against John S. Kubie, President of Seligman & Latz, Inc., and against the salon May Cohen's Soul Sinners charging: "That you, said SELIGMAN & LATZ, INC. d/b/a May Cohen's Soul Sissors on January 7, 1977 did allow two unlicensed persons to practice in your salon, at May Cohen's Soul Sissors, Jacksonville, Florida." On January 7, 1977, the inspector for the Board entered the May Cohen's Soul Sinners Beauty Shop and found therein two unlicensed persons. One person, Willie Dock, who is an employee of Nay Cohen's Soul Sinners, had not secured a Florida license and was working without a license in the subject salon and without a license or permit posted as required. He had not informed the manager that his permit had expired on December 30, 1976. The other person, Margaret Florence, was working although her license had been altered to appear as if it were current. It was of a different color than the current licenses of other cosmetologists in the shop and in fact it had expired. The manager should have ascertained whether these people were duly licensed and knew or should have known they were not properly licensed.
Recommendation Suspend the license of May Cohen's Soul Sissors for a period of seven (7) days. DONE and ORDERED this 26th day of August, 1977, 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 LaFace & Baggett, P.A. Post Office Box 1752 Tallahassee,, Florida 32302 Charles A. Sorenson, Esquire Forbes and Meide 400 Guaranty Life Building 137 East Forsyth Street Jacksonville, Florida 32202
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.
