The Issue Respondent's alleged violations of Rules 21F-3.02, 3.03 and 3.07, Florida Administrative Code. During the course of the hearing, counsel for Petitioner withdrew the alleged violations of Rule 3.03 and 3.07, F.A.C.
Findings Of Fact Respondent Corporation operates a cosmetology salon at 1626 South Federal Highway, Boynton Beach, Florida under Certificate of Registration Number 11579 issued by Petitioner on May 14, 1971. Petitioner's Inspector visited Respondent's salon on February 27, 1976 for a routine inspection. She discovered hair and soiled towels in cabinets at the various stations and observed that the carpeting was littered with hair. In addition, soft drink bottles and coffee cups were found in the area. Respondent's salon has been issued warnings in the past due to unclean conditions. The shop is now in a clean state. (Testimony of Padgett) Respondent's manager testified that some of the employees are natives of Puerto Rico and Cuba and are unaccustomed to the sanitary requirements of the United States thus making it difficult to control conditions. He conceded that the shop was not in proper condition on the date in question merely because that day was a Friday and the shop was quite busy. (Testimony of Wellmann)
Recommendation That Respondent be issued a formal written reprimand for violation of Rule 21f-3.02, Florida Administrative Code. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida R. Basil Rutter, President Steppe's of Florida, Inc. Box 788 Athens, Ohio
Findings Of Fact Joanne Fletcher answered the telephone the day Eddie Dingler called The Summit Men's Hair Barbershop (Summit I) asking for work. He said he was Roffler- and Sebring-trained and that he held barber's licenses both in Alabama and in Florida. Ms. Fletcher relayed this message to respondent Donald C. Allgood. At the time, Mr. Allgood was half-owner of The Summit IV, and respondent Don Pettis owned the other half. Mr. Allgood had no ownership interest in Summit I, which was licensed to Mr. Pettis. Petitioner's Exhibit No. 3. Mr. Allgood acted as a sort of manager at Summit I the two or three days of the week he spent there, even though he was technically an independent contractor, working on commissions. Respondents had worked with each other for some seven years. The parties stipulated that respondent Donald C. Allgood "is a barber having been issued license number BB 0021833" and that respondent Don Pettis "is a barber having been issued license number BB 0011546." One Monday morning Eddie Dingler appeared in person at Summit I and talked to respondent Allgood about employment. Mr. Allgood called respondent Pettis, then took Dingler to respondent Pettis's house, where Ron Pettis was also present. Dingler told this group that he was licensed both in Florida and in Alabama and that he was conversant with the Roffler and Sebring tonsorial techniques. He was specifically asked whether he had a Florida license, and he answered affirmatively. He was not asked to produce the license certificate itself or the wallet-sized card that licensed barbers are issued. Barbers are under no requirement to carry this card on their persons. Respondent Pettis asked respondent Allgood to observe Dingler cutting hair and to hire him if he cut hair satisfactorily. Dingler was engaged as a barber on a commission basis. He proved to be a highly competent hair stylist, and "excellent barber," from a technical standpoint. Posted in is station at Summit I was what appeared to be a valid Florida barber's license with Dingler's name and photograph: he was wearing eye, glasses and a yellow shirt. Aside from the respondents, five witnesses saw this barber's license, which was counterfeit. Petitioner's Exhibit No. 1. Respondent Pettis remembered noticing a number of plaques on the wall at Dingler's station in Summit I, including something that looked like Dingler's license. Mr. Allgood was unable to say that he had specifically seen Dingler's barber's license at any time before Dingler gathered up his things to leave after being discharged from employment. After Dingler had worked at Summit I for about three months respondent Allgood asked him if he would like to work Mondays (when Summit I was closed at Summit IV. Dingler was Interested and reported for work at Summit IV the following Monday. Michael NcNeill let him in the barbershop ,and noticed what appeared to be an official Florida barber's license among Dingler's effects. After Mr. McNeill had left the Summit IV premises, Dingler allegedly sexually assaulted a 17-year-old patron. When respondent Allgood learned of this, he told victim's father that he would fire Dingler and do what he could to see that Dingler's barber's license was revoked. Dingler was discharged the day after the alleged assault. In discussing the matter with a law enforcement officer, respondent Allgood suggested that the Department of Professional Regulation (DPR) be notified so that proceedings to revoke Dingler's barber's license could be instituted. On November 24, 1980, Mr. Allgood voluntarily presented himself for an interview by Charles Deckert, an investigator for DPR. He assumed Mr. Deckert was developing a case so that action against Dingler could be taken. He learned in the interview for the first time that Dingler had never been licensed in Florida as a barber or a registered barber's assistant, according to DPR's records. In preparing the foregoing findings of fact, petitioner's proposed findings of fact and memorandum of law and respondents' proposed order have been considered, and the proposed statement and findings of fact have been adopted in substance.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner refrain from taking action against respondents on account of this technical violation. DONE AND ENTERED this 28th day of June, 1982, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of June, 1982. COPIES FURNISHED: Drucilla E. Bell, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Patricia Grinsted, Esquire Post Office Drawer 915 Shalimar, Florida 32579 Myrtle Aase Executive Director Barbars Board 130 North Monroe Street Tallahassee, Florida 32301 Samuel R. Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Respondent, Rhonda Welker, is a licensed cosmetologist operating under License No. CL0116241. Her original license was issued on November 24, 1980, and expired on June 30, 1982. On November 9, 1982, Respondent was employed as a cosmetologist, and acting as such, by Coiffures by Kenneth, a beauty salon owned and operated by Respondent's father and mother, located at 887 Semoran Boulevard, Apopka, Florida. At that time, her license had expired and was denied renewal by the Board because she had failed to take 16 additional hours of continuing professional education subsequent to issuance of her license, but instead had only taken eight. As a result, she did not meet the Board requirements for renewal of her license, which became inactive at the date of expiration. When Valerie Flowers, an inspector for the Board of Cosmetology, performed her follow-up inspection of the salon where Respondent worked, on November 17, 1982, she observed Respondent styling a customer's hair. At this time, though Respondent had completed the required 16 hours of continuing professional education, her license had not yet been renewed. Respondent Rhonda Welker's current license was issued on January 30, 1983, and expires on June 30, 1984. Respondent failed to secure the required 16 hours of continuing professional education on the honest but mistaken belief that she only needed eight hours' worth. She felt that since her licensure was initially issued for less than two full years, she would only need the eight hours of continuing education for one year, which she had. Under the circumstances, Respondent, Rhonda Welker, was holding herself out as a cosmetologist when she did not have an active current Florida cosmetologist's license.
Recommendation In light of the foregoing, it is, therefore, RECOMMENDED: That Respondent be ordered to pay an administrative fine in the amount of $50. RECOMMENDED this 30th day of September, 1983, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 30th day of September, 1983. COPIES FURNISHED: Theodore R. Gay, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Ms. Rhonda Welker 887 Semoran Boulevard Apopka, Florida 32703 Mr. Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Ms. Myrtle Aase Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Larry F. Plogg, presently holds an active cosmetology license issued by Petitioner, License No. CL-0125370, for the period September 1, 1982, through June 30, 1984. On May 11, 1982, Plogg began employment as a cosmetologist in a salon operated by Shear Pleasure, Inc., in Jacksonville, Duval County, Florida. This employment has been ongoing and continues to the present. Shear Pleasure, Inc., is the holder of License No. CE0027634, issued by Petitioner. Plogg's licensure was by the process of endorsement, in that Plogg had acted as a licensed cosmetologist in the State of Georgia prior to his employment in Jacksonville, Florida. On the date that Plogg was employed, Fontaine LeMaistre, owner of the Respondent salon, contacted Charles Coats, an investigator with Petitioner and inquired of him on the subject of Plogg's ability to assume his duties as a cosmetologist, pending the receipt of the Florida license by endorsement. Coats indicated that Plogg could begin his duties by posting an indication of the payment of fees for the issuance of the license, assuming that the application for license was otherwise proper. As contemplated by Coats, the posting of the indication of fee payment would serve as a temporary verification of pending licensure for purposes of any inspection of the salon on the question of employee licensure. Plogg had mailed a money order in the amount of thirty-five dollars ($35.00) to Petitioner to obtain his license. The date of this money order was May 10, 1982. Sometime in July, 1982, Plogg contacted the Petitioner to ascertain the status of his license request, having not received his Florida license. he was told that nothing had been filed in furtherance of his licensure by endorsement and that he should send another application together with necessary money. In complying with the instruction, Plogg filed another application form together with another money order on August 13, 1982. Between August 13, 1982, and August 27, 1982, an inspection was made by an unidentified employee of the Petitioner. At that time, Plogg had copies of the original money order of May 10, 1982, and the subsequent money order of August 13, 1982, together with his Georgia license posted for inspection. Notwithstanding Coats' prior assurance, the indication of licensure was questioned by the inspector and apparently the absence of a Florida license being posted at Plogg's work station led to the promotion of the present Administrative Complaint. Out of the circumstance of the inspection, Plogg became concerned about the status of his license request and spoke, by telephone, with Petitioner's employee in Tallahassee, Florida, and was told that he needed to submit another thirty-five dollars ($35.00) to gain licensure, in view of an increase in the fee requirement for licensure by endorsement. This was complied with by forwarding a money order on August 27, 1982, in the amount of thirty-five dollars ($35.00), leading to the aforementioned licensure by endorsement on September 1, 1982.
The Issue Respondent's alleged violation of Section 477.02(6), Florida Statutes. Upon Motion of Petitioner, the name of the President of Respondent firm as shown in the Administrative Complaint was amended to reflect his correct name, Alfred Ditraglia.
Findings Of Fact Respondent Corporation holds Certificate of Registration Number 21624 to operate a cosmetology salon which was issued on May 8, 1975, by Petitioner. (Stipulation). On July 15, 1975, Petitioner's inspector visited Respondent's place of business and observed Carmen Victoria Jackson washing a customer's hair. On July 29, 1975, he observed her doing the same thing. She had informed him on July 15th that she had no state license. On July 29th she told him that the shampoo girl had not shown up for work and that is why she was washing a customer's hair. (Testimony of Rubin). At the hearing, the employee testified that she had not been shampooing on either occasion mentioned by Petitioner's inspector. She asserted that on July 15th a customer had merely asked her to pass a towel to her and that while she was doing so the Inspector entered the store. She claimed that on July 29th although customers were in the store, she was not working on them, but was merely taking towels to the back of the premises to wash them. (Testimony of Jackson).
Recommendation That Respondent's Certificate of Registration Number 21624 to operate a cosmetology salon be suspended for a period of 30 days under the authority of Section 477.15(8), 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 Alfred Ditraglia, President Al Stephens, Inc. 425 Hollywood Mall Hollywood, Florida ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA FLORIDA STATE BOARD OF COSMETOLOGY IN RE: FLORIDA STATE BOARD OF COSMETOLOGY, Petitioner, vs. CASE NO. 76-1053 SALON LICENSE NO. 21624 ALFRED DITKOGLIA, PRESIDENT, AL STEPHENS, INC., 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 July 28, 1976, a copy of which is attached hereto and incorporated herein by reference. The State Board of Cosmetology, having reviewed the recommended penalty of the hearing examiner and considering the circumstances of this case, the State Board of Cosmetology feels that the recommended penalty is appropriate and therefore adopts the recommended penalty and imposes a suspension of the salon license of the Respondent for a period of thirty (30) days. That the suspension shall be effective beginning on the first day of October, 1976, and shall terminate on October 30, 1976. That the Respondent shall deliver its license no. 21624 covered by this suspension by certified mail, return receipt requested, prior to the effective date of the suspension and the said license will be available for re-delivery to the Respondent at the State Board Administrative Office, 301 Avenue A, Southwest, Winter Haven, Florida, or will either he mailed at the option of the Respondent on the last day of the suspension period. ENTERED this 27th day of August, 1976. Violet Llaneza, Chairman Florida State Board of Cosmetology Copies Mailed To: Alfred Ditkoglia, President Al Stephens, Inc. 425 Hollywood Mall Hollywood, Florida Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida =================================================================
