Findings Of Fact At all times material to this case, the Respondent, Arled Corp., d/b/a Cadris Hair Design, has been licensed to operate a cosmetology salon in the State of Florida, having previously been issued license number CE 0046212. At all times material to this case, the Respondent corporation has been the owner and operator of a cosmetology salon known as Cadris Hair Design, which is located at 13635 Southwest 26th Street, Miami, Florida 33175-6377. On December 26, 1991, during the course of a routine inspection, an inspector employed by the Department of Professional Regulation discovered that Liliam de la Portilla was practicing a cosmetology specialty on the licensed premises without having a valid license to practice a cosmetology specialty. Further investigation revealed that Liliam de la Portilla had been practicing a cosmetology specialty on a regular basis on the licensed premises since approximately the middle of September of 1991. Liliam de la Portilla has previously been licensed to practice a cosmetology specialty, but her last license expired on June 30, 1990. During the period from the middle of September of 1991 through December 26, 1991, Liliam de la Portilla did not have a valid license to practice a cosmetology specialty in the State of Florida. Ms. Gladys Scheer is, and was at all material times, the president of and owner of Arled Corporation. Ms. Scheer granted permission for Liliam de la Portilla to practice a cosmetology specialty on the premises of Cadris Hair Design. Liliam de la Portilla was not an employee of Cadris Hair Design, but merely paid rent for the right to practice a cosmetology specialty on the premises of Cadris Hair Design. Ms. Gladys Scheer has known Liliam de la Portilla for approximately ten years. Ms. Scheer knew that Liliam de la Portilla had previously been licensed to practice a cosmetology specialty and assumed, but did not verify, that Liliam de la Portilla was still licensed. In September of 1991 when Ms. Scheer first allowed Liliam de la Portilla to practice a cosmetology specialty on the premises of Cadris Hair Design, she was not aware that Liliam de la Portilla's license had expired. Following the inspection on December 26, 1991, Ms. Gladys Scheer told Liliam de la Portilla that the latter could no longer practice a cosmetology specialty on the premises of Cadris Hair Design until such time as she was properly licensed.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that the Board of Cosmetology enter a Final Order concluding that the Respondent is guilty of violating Section 477.029(1)(c), Florida Statutes, and imposing a penalty consisting of a reprimand and an administrative fine in the amount of $100.00. 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. COPIES FURNISHED: Theodore R. Gay, Esquire N-607 Rhode Building Phase 2 401 Northwest 2nd Avenue Miami, Florida 33128 Charles F. Tunnicliff, Bureau Chief Department of Professional Regulation Suite 60 1940 North Monroe Street Tallahassee, FL 32399-0792 Ms. Gladys Scheer, President Cadris Hair Design 13635 Southwest 26th Street Miami, Florida 33175-6377 Kaye Howerton, Executive Director Board of Cosmetology Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
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.
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: On October 26, 1991, Respondent was employed as a nail technician/manicurist at Tropical Nails and Skin (Tropical), a cosmetology salon located in Lauderhill, Florida. At the time, she did not hold a license authorizing her to engage in the practice of cosmetology, or any specialty area thereof, in the State of Florida. Leonard Baldwin is an inspector with the Department of Professional Regulation. On the morning of October 26, 1991, Baldwin conducted an inspection of Tropical. Upon entering the salon, Baldwin observed Respondent at her station applying polish to a customer's nails. Prominently displayed at Respondent's station was a cosmetology license that bore Respondent's name and photograph. The license was forged and actually belonged, not to Respondent, but to E. Sgroi. It had been given to Respondent by a former coworker, who had altered the license by removing Sgroi's name and typing Respondent's name in its place. Respondent had affixed her photograph to the license after the license was given to her. No changes had been made to the address on the license. Shortly after entering the salon, Baldwin went to Respondent's station. He examined the license and asked Respondent if it was hers. She replied in the affirmative. Baldwin suspected otherwise. He therefore took possession of the license. He then left Respondent's station and went to another area of the salon. Approximately ten or fifteen minutes later, after Respondent had finished with her customer and the customer had paid and left the salon, Baldwin again approached Respondent and asked her about the license. This time Respondent acknowledged that the license was not really hers and that she was not licensed by the Department to practice cosmetology. Baldwin then presented to Respondent a Cease and Desist Agreement, which Respondent signed. The agreement, which was also signed by Baldwin, provided as follows: I, Gloria Torres, have been informed by a representative of the Department of Professional Regulation that I am under investigation on allegations that I have engaged in the practice of "Nails" Cosmetology without being a holder of an appropriate license or permit. Without admitting these allegations, I hereby agree to cease and desist from engaging in this activity until and unless properly licensed or permitted. I execute this agreement without receiving any representations in regard to the final disposition of the investigation. Respondent abided by the terms of the Cease and Desist Agreement. She enrolled in classes at the Academy of Beauty Arts and Sciences in Fort Lauderdale, Florida. On or about November 7, 1991, the school issued her a certificate of completion in the speciality area of manicuring/pedicuring/nail extensions. On December 11, 1991, Respondent was licensed by the Board of Cosmetology to practice in this specialty area. She still holds this license. Respondent is presently in a precarious financial situation. She has recently had to bear the cost of her husband's funeral. In addition, she has had other expenses that have depleted her financial resources.
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 did not violate Section 477.029(1)(f), Florida Statutes, as alleged in the instant Administrative Complaint; (2) dismissing this charge; (3) finding that Respondent violated Section 477.029(1)(a) and (d), Florida Statutes, as alleged in the instant Administrative Complaint; and (4) imposing upon Respondent, for having committed these violations, an administrative fine in the amount of $500.00 ($250.00 for each violation), to be paid in monthly installments of $25.00 the first four months and $50.00 the next eight months. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 24 day of August, 1992. 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 24 day of August, 1992.
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
The Issue The issue in this case is whether Respondent engaged in the practice of cosmetology without a license, a legally prohibited act which, if performed, would warrant the imposition of sanctions.
Findings Of Fact Respondent Reyna I. Guzman ("Guzman") is an individual who, at all relevant times, was employed as a cashier or administrative assistant at Koko Cuts Hair and Color Salon ("Koko Cuts") in Miami, Florida. Although Koko Cuts is a Florida-licensed salon, Guzman herself is not licensed in Florida as a cosmetologist. On February 2, 2006, two investigators of Petitioner Department of Business and Professional Regulation ("Department") entered Koko Cuts to perform an inspection. They observed Guzman "working on" a woman's hair. The woman was sitting in a stylist's chair and appeared to be a regular customer. In fact, however, the "customer" was Guzman's sister. Guzman's boss had granted Guzman permission to color her sister's hair, using the chemicals and supplies on hand at the salon. Guzman was performing this service for her sister for free. Guzman testified credibly, and the undersigned finds, that Guzman was not paid any money for coloring her sister's hair. There was, moreover, neither clear and convincing, nor even merely persuasive, evidence that Guzman received any other service or thing of value in consideration for the work that she performed on her sister's hair. Based on the instant record, it is determined, as a matter of ultimate fact, that Guzman received no "compensation"— —as that term is defined in Florida Administrative Code Rule 61G5-18.00015——in exchange for performing the service of coloring her sister's hair.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Cosmetology enter a final order acquitting Guzman of the charges that the Department brought against her in this proceeding. DONE AND ENTERED this 14th day of September, 2006 in Tallahassee, Leon County, Florida. S JOHN G. VAN LANINGHAM 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 14th day of September, 2006. COPIES FURNISHED: Reyna I. Guzman 2257 Southwest 3 Street Miami, Florida 33135 Charles Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 Robyn Barineau, Executive Director Board of Cosmetology Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0790 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issues in the case are whether the allegations of the Administrative Complaint are correct, and, if so, what penalty should be imposed.
Findings Of Fact At all times material to this case, the Respondent was a Florida-licensed cosmetology salon, holding license CE-84418, located at 2702-B Silver Star Road, Orlando, Florida 32818. On April 11, 2008, Evelyn Williams, an inspector employed by the Petitioner, conducted a routine inspection of the Respondent. During the inspection, Ms. Williams observed three individuals, identified as O'Brian Breedlove, Charley James Hawks, and Shawn Johnson, using clippers to cut the hair of salon customers. Mr. Breedlove is a Florida-licensed hair braider, holding license number HB4110. Mr. Hawks is a Florida-licensed hair braider, holding license number HB4217. Mr. Johnson is a Florida-licensed hair braider, holding license number HB3935. A licensed hair braider is essentially authorized only to weave or interweave human hair and is not allowed to perform hair-cutting. Mr. Breedlove, Mr. Hawks, and Mr. Johnson were operating outside the scope of their licenses when Ms. Williams observed each man using clippers to cut the hair of the salon's customers. Ms. Williams additionally observed that photographs of Mr. Hawks and Mr. Johnson were not displayed with their licenses. During the inspection, Ms. Williams observed that the hair-cutting tools in use at the salon were not being properly disinfected or stored. Sterilizers contained excessive amounts of accumulated hair. Some combs, brushes, and clippers were kept in a drawer that contained used neck strips and other paper products, as well as personal items including cash. Some hair- cutting tools were left on top of workstation counters rather than contained within closed storage drawers. There was excessive accumulated hair on the floor and baseboards, as well as around the workstations. The Respondent's most recent health inspection report was not conspicuously displayed near the front entrance of the salon. The lavatory at the salon was not in good repair. A sink was leaking, and a bucket had been placed underneath the sink to catch leaking water. There were no sanitary towels present, and no mechanical hand dryer was provided. Ms. Williams noted the strong smell of urine in the lavatory and observed that the ventilation appeared to be inadequate. The owner of the Respondent was not present at the time of the inspection. Ms. Williams prepared a report of her inspection and presented a copy of the report to Mr. Breedlove.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Board of Cosmetology, enter a final order, stating that the Respondent violated the statutes and rules referenced herein; imposing a $3,000 administrative fine; and revoking the Respondent's cosmetology licensure. DONE AND ENTERED this 17th day of May, 2010, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of May, 2010. COPIES FURNISHED: LeChea C. Parson, Esquire Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-0792 Kwesi Korreh, Esquire Post Office Box 2487 Orlando, Florida 32802 Reginald Dixon, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Robyn Barineau, Executive Director Division of Professions Board of Cosmetology Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Respondent's cosmetology license should be suspended, revoked or whether Respondent should be disciplined for conduct, as a licensee, which will be set forth hereinafter in detail.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received, the proposed memoranda and the entire record compiled herein, the following relevant facts are found: Noella C. Papagno (herein sometimes referred to as Respondent) is a licensed cosmetologist under the laws of the State of Florida and has been issued License Number CL 0107656, which license is current through June, 1984. Respondent has been practicing cosmetology for approximately twenty-five (25) years and, prior to being licensed in Florida, was licensed to practice in Rhode Island. (Petitioner's Composite Exhibit No. 1.) Richard Gloss has been employed in the Building and Zoning Department for the City of Dania, Florida, for the past two (2) years. On or about October 12, 1981, Gloss received a complaint that Respondent was operating a salon at one of the ticket booths located at the flea market, 1930 North Federal Highway in Dania Florida. Gloss made a routine inspection through the flea market and observed a sign in front of a ticket booth occupied by the Respondent where upon he approached Respondent and identified himself as an employee of the City of Dania in the Building and Zoning Department. After identifying himself, Gloss inquired of Respondent whether she was properly licensed to conduct a beauty salon. Prior thereto, Respondent had offered to cut his hair. Respondent admits to having offered to cut Gloss's hair and related that she had been cutting hair at that location for approximately two and one half (2 1/2) years and that she charged customers from $.50 to $4.00, depending on the length of their hair and the amount of time it took to cut it. She also explained that she had two (2) licenses -- her cosmetology license and a Broward County Council license -- in order to carry on this business. Respondent described in a very detailed manner her method of water hair cutting and she explained that she used no chemicals and did not attempt to perform any kind of chemical services. Additionally, Respondent testified that she suffers from various allergies and her physician has cautioned her to stay away from dust in beauty salons. (Respondent's Exhibits Nos. 4 and 7.) In mitigation, Respondent offered the fact that she was providing a service which would not be otherwise available and that the equipment that she used is sanitized and that theme was no testimony offered by Petitioner of any ill effects by her operation at the subject facility. Finally, Respondent feels that the Board should grant her a specialty license, although she has not applied for a license based on her feelings that it would not be granted. [Testimony of Respondent and Edmund Gabler, a Broward County resident and customer of Respondent for approximately two (2) years.]
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED: That Respondent be placed on probation for a period of one (1) year, during which time she must comply with all provisions of Chapter 477, Florida Statutes, and rules promulgated thereunder, specifically including the proviso that she not practice cosmetology in an unlicensed location. RECOMMENDED this 11th day of August, 1982, 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 11th day of August, 1982.
Findings Of Fact On December 22, 1977, Jacob Rubin, an inspector in petitioner's employ, entered the Hallmark Beauty Salon. He asked a woman who was doing manicures to produce her license. Even though she did not have a current, valid license from the Florida State Board of Cosmetology she said she had left her license at home. When asked to go home to get her license, she left the shop. She did not return to the shop that day. On behalf of respondent, Betty Lerner had hired this manicurist, whose name is Norma Bertha Ruiz de Hidalgo, in November of 1977. At the time she was hired, Ms. Hidalgo told Ms. Lerner that she had previously worked two or three blocks away and showed Ms. Lerner what seemed to be a current, valid license. In Ms. Lerner's hearing, customers greeted Ms. Hidalgo, recognizing her at respondent's shop as somebody they had known at a nearby shop earlier. The license which Ms. Hidalgo had shown Ms. Lerner was not displayed in the shop.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner reprimand respondent. DONE and ENTERED this 29th day of 1978, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Daniel J. Wiser, Esquire Post Office Box 1752 Tallahassee, Florida 32302 The Hallmark Beauty Salon, Inc. 3800 South Ocean Drive Hollywood, Florida
Findings Of Fact Petitioner, Department of Professional Regulation, Board of Cosmetology (Board), is charged with the responsibility of regulating the practice of cosmetology. Among its responsibilities are the routine inspections of cosmetology salons to insure that all Board requirements are being met. On January 13, 1988 a Board inspector inspected the premises of From Hair on Etc., a licensed cosmetology salon in Clearwater, Florida. During the course of the inspection, the inspector observed a work station set up for respondent, Kristie J. Wheatley. The inspector also reviewed the salon's appointment book and noted manicure appointments for "Kristie" beginning around October 13, 1987 and continuing until January 19, 1988. However, the inspector did not find a license for respondent, and a subsequent search of Board records revealed that respondent was not registered with the Board. The inspector later talked with respondent by telephone. Respondent acknowledged that she had been employed as a manicurist at the salon since October 1987 and was not registered with the Board. She informed the inspector that she was unaware that the Board had begun enforcing a new law that required manicurists to be registered. According to owners of the salon, respondent performed manicure services in the salon for a three month period from October 1987 until January 1988. She was compensated for these services. In response to their inquiry as to her registration status, Wheatley told them she had filed an application for registration. Later on, she advised them the registration was at her home. When the owners learned from the inspector that respondent was not registered with the Board, her services were terminated.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent be found guilty as charged in the amended administrative complaint, that she be assessed a $150 fine, and that she not be permitted to register with the Board until such fine is paid. DONE and ENTERED this 24th day of February, 1989, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 February, 1989. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Professional Regulation 130 North Monroe Tallahassee, Florida 32399-0750 Kristie J. Wheatley 14194 Darts Drive Fenton, MI 48430 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 130 North Monroe Tallahassee, Florida 32399-0750 Myrtle Aase, Executive Director Department of Professional Regulation Board of Cosmetology 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue Whether Respondent violated Section 477.02(6); 477.15(8); 477.27(1) and (2), F.S. by allowing a person to practice the art of cosmetology in her salon without said person being a registered cosmetologist by the State of Florida.
Findings Of Fact Respondent, Marlene Fletcher, d/b/a the Beauty Parlour, did allow one Victoria Kane to practice the art of cosmetology, to-wit: the giving of a permanent wave to a customer in Respondent's salon at a time in which she held no Florida license. Respondent discussed by long distance telephone the circumstances attending the giving of said permanent wave by the said Victoria Kane. The said Victoria Kane was not in the employ of the Respondent; however, said Victoria Kane was under the control of the Respondent inasmuch as the practice of the art of cosmetology was in the salon of Respondent and at a time in which the Respondent was present.
