The Issue Whether Respondent, Patsy Arline and Roberta Stein, doing business in a partnership allowed a non-licensed person to practice cosmetology in their beauty salon, to-wit: one Gloria Gann. Whether Respondent's License No. 19208 should be revoked.
Findings Of Fact Notice of Service was entered without objection and marked Exhibit 1. The Complaint with the license attached thereto was entered into evidence as Exhibit 2 without objection. The Respondents were duly sworn. Respondents admit that they allowed a person who was non- registered to practice cosmetology in the salon known as the Yellow Tulip which they own and operate as a partnership under License No. 19208. Respondents did not know of the serious consequences of their act.
The Issue The issues here concern an Administrative Complaint brought by Petitioner against Respondent alleging that Respondent is guilty of misconduct within the meaning of Subsection 477.028(2)(b), Florida Statutes, and has violated Subsection 477.029(1)(c), Florida Statutes, by allowing an employee to practice cosmetology without being duly licensed as provided by Chapter 477, Florida Statutes.
Findings Of Fact Toni M. Farmer, presently holds an active cosmetology license issued by Petitioner, License No. CL0062662, for the period July 19, 1982, through June 30, 1984. Between May 6, 1980, and July 6, 1981, Farmer worked as a cosmetologist in a salon operated by Shear Pleasure, Inc., in Jacksonville, Duval County, Florida. Shear Pleasure, Inc., is the holder of License No. CE0027634. Beginning July 13, 1981, to the present Farmer has worked as a cosmetologist in the salon, Josef and Charles, Inc., d/b/a Josef and Charles Styling Salon, License No. CE0022674, located in Orange Park, Florida. When Farmer began her employment with Shear Pleasure she had a current and valid cosmetology license issued by Petitioner, which license expired June 30, 1980. Around August 18, 1980, Farmer forwarded a cashier's check made payable to the Board of Cosmetology for purposes of renewing her delinquent cosmetology license. Subsequent to the action on the part of Farmer and in the course of a routine inspection, Jewel Walker, an inspector for Petitioner, noted the fact of expiration of Farmer's license. This took place in 1980. When told that Petitioner had not responded to the renewal request, Walker instructed Farmer to post the indicia of payment of fees, i.e., a copy of the cashier's check of August, 1980, at Farmer's work station in the interim and to check the post office for any return of that cashier's check, due to the fact that Farmer had changed her mailing address following the transmittal of the cashier's check. Farmer made other contacts with the Tallahassee, Florida, office of Petitioner to determine the status of her renewal in 1980. In the beginning of 1981, Farmer spoke with Walker about the renewal, having failed to receive any notification confirming license renewal. (In the course of these maters, Walker had indicated certain logistical problems that were taking place, reference license renewal for cosmetologists.) The owner of Shear Pleasure, Inc., Fontaine LeMaistre, was aware of the efforts on the cart of Farmer to obtain license renewal and allowed her to continue as an employee during her tenure. When Farmer took a position with Josef and Charles, her employer was made aware of the fact that she did not have the license document and the employer was made aware of the efforts which Farmer had made to obtain the license. On August 11, 1981, Farmer requested the Florida First National Bank of Jacksonville, which had issued the August 18, 1980, cashier's check to stop payment on that check, based upon the fact that the payee, Petitioner, had not cashed the check. This request was honored and on August 13, 1981, a cashier's check was issued to Toni M. Farmer in the like amount of thirty-five dollars ($35.00), which check was subsequently cashed by Farmer. On May 12, 1982, Charles Coats, an investigator with Petitioner, made an inspection of the Orange Park business of Josef and Charles and discovered that Farmer was without a license. At that time, a copy of the original thirty- five dollar ($35.00) check written to the Board of Cosmetology was shown to Coats. Farmer related the circumstances involving efforts which she had made to obtain the license. Following this conversation, and specifically in June, 1982, Farmer paid the necessary fees and offered required credentials which allowed her license to be renewed, effective July 19, 1982.
Recommendation Based upon a full consideration of the facts found, conclusions of law reached and being otherwise informed, it is RECOMMENDED: That a final order be entered authorizing the issuance of a letter of reprimand to the Respondent. DONE and ENTERED this 29th day of December, 1982, in Tallahassee, Florida. CHARLES C. ADAMS, 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 29th day of December, 1982.
The Issue The Respondent's alleged violation of Section 477.02(1)&(3), Florida Statutes, and Rule 21F-3.10, Florida Administrative Code.
Recommendation Upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that the alleged violations against the 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 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of July, 1976. COPIES FURNISHED: Ronald C. LaFace, Esquire P. O. Box 1752 Tallahassee, FL 32302 Ms. Herta Hill 126 S. W. 49th Street Cape Coral, FL
Findings Of Fact Respondent holds Certificate No. 11680. The Complaint, Notice of Hearing, and receipt of certified mail were offered into evidence as requested without objection and marked Exhibit 1. Respondent failed to have her photograph with her certificate of registration after repeated warnings by the employee of the Board whose duty is to see that Chapter 477, F.S., and the rules and regulations promulgated thereunder are adhered to by those persons holding certificate of registration from the State Board of Cosmetology.
Findings Of Fact A copy of the Administrative Complaint with an attachment of Ms. Rolling's Salon License No. 10810 and receipt of certified mail was entered into evidence and marked as Exhibit 1 without objection. Ms. Rolling's Election of Remedies form was entered into evidence and marked Exhibit 2 without objection. The Respondent holds License No. 10810. Respondent admitted that she did allow two (2) cosmetologists to work in her salon while she was absent. Respondent is a master cosmetologist who ordinarily works in the salon which she supervises and manages. The Respondent, Frances Rolling, has been in ill health and did leave the salon to visit a doctor's office and during the time she allowed cosmetologists to work without the direct supervision of a master cosmetologist.
The Issue Whether the certificate of registration No. 866914 should be revoked, annulled, suspended or withdrawn for violation of Chapter 477, Florida Statutes, and the rules and regulations promulgated thereunder, for practicing without a license.
Findings Of Fact Receipt for certified mail notifying Respondent of this hearing was offered into evidence as Exhibit 1 and marked without objection. The Election of Remedies, a composite exhibit marked Exhibit 2, was entered as requested without objection. Respondent was charged for practicing cosmetology without a license. Respondent admitted the violation and submitted such plea to the Board which was included in the Board's Exhibit 1. After the violation for which Ms. Gould was noticed and for which this hearing is held, Respondent took the examination for master cosmetologists, passed the examination, and was issued a Florida license.
Recommendation Suspend the certificate of registration Respondent now holds for a period of one (1) week. August 29, 1975 DATE Delphine C. Strickland Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302 Ms. Gertie Campbell 7409 Huntley Avenue Tampa, Florida Ms. Rose Gould 1904 Bruce Street Kissimmee, Florida 32741 Ms. Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087 Winter Haven, Florida 33880 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA FLORIDA STATE BOARD OF COSMETOLOGY State Board of Cosmetology, Complaintant, vs. CASE NO. 75-1016 LICENSE NO. 86691 Rose Gould, Respondent. /
Findings Of Fact Based upon the testimony of the witness and the documentary evidence received at the hearing, the following findings of fact are made: Respondent, Martine Dasse, whose license number is FT 0551203, is licensed to practice cosmetology and was, at all times material to the allegations of the administrative complaint, the licensee at a cosmetology salon known as Nail Talk. Nail Talk Inc., d/b/a Nail Talk is a cosmetology salon, license number CE 0053836. On March 11, 1992, Inspector Kimmig made a routine inspection of the Nail Talk premises and discovered a dog running freely throughout the salon. The dog was a small, brown and black, terrier-type animal. When Inspector Kimmig questioned Respondent Dasse regarding the animal, Respondent advised that the dog's owner had temporarily left the pet at the salon. After Inspector Kimmig explained the violation to Respondent, the dog was removed from the salon.
Recommendation Based on the foregoing, it is RECOMMENDED: That the Board of Cosmetology enter a final order finding the Respondents guilty of the violation alleged and imposing an administrative fine in the amount of $50.00 against each Respondent for a total of $100.00. DONE and ENTERED this 26th day of October, 1992, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of October, 1992. COPIES FURNISHED TO: CHARLES F TUNNICLIFF ESQ DEPT OF PROFESSIONAL REGULATION 1940 N MONROE ST - STE 60 TALLAHASSEE FL 32399 0792 HUYNH WIN/QUALIFIED REPRESENTATIVE NAIL TALK INC 1111 AFRED DR ORLANDO FL 32810 KAYE HOWERTON/EXECUTIVE DIRECTOR BOARD OF COSMETOLOGY NORTHWOOD CENTRE - STE 60 1940 N MONROE ST TALLAHASSEE FL 32399 0790 JACK MCRAY/GENERAL COUNSEL DEPT OF PROFESSIONAL REGULATION 1940 N MONROE ST - STE 60 TALLAHASSEE FL 32399 0792 MARTINE DASSE NAIL TALK INC 1111 ALFRED DR ORLANDO FL 32810
The Issue This is a license discipline case in which the Petitioner seeks to take disciplinary action against the Respondent on the basis of allegations that the Respondent has violated Rule 21F-20.002, Florida Administrative Code, and Sections 477.0265(1)(c) and 477.029(1)(i), Florida Statutes (1985). At the hearing the Petitioner presented the testimony of two witnesses and offered one exhibit into evidence. Thereafter, the Respondent testified in her own behalf. At the conclusion of the evidentiary portion of the hearing, the parties advised the Hearing Officer that they did not intend to obtain a transcript of the proceedings. A deadline of 10 days from the date of the hearing was established for the submission of the parties' proposed recommended orders. The hearing concluded with the presentation of oral argument by counsel for both parties addressed primarily to the issue of the appropriate penalty. As of the date of this recommended order, neither party had filed a proposed recommended order.
Findings Of Fact The Respondent is licensed to practice cosmetology and to operate a cosmetology salon in the State of Florida, having been issued license numbers CL 0163833 and CE 0041166. At all times material hereto, the Respondent has been the owner of a cosmetology salon named All Around Hair Stylist, located at 5567 Moncrief Road, Jacksonville, Florida 32209. An inspection of the premises of All Around Hair Stylist was conducted on August 29, 1987, by one of the Petitioner's inspectors. At that time the salon was in substantial disarray. Among the conditions in existence in the salon at that time were the following: The container for soiled linens contained trash other than linens. Bags of overflowing trash were in the service area and in the back of the premises. Hair was all over the back room floor that one had to pass through to get to the shampoo bowl and restroom. Food scraps were left in the back room. The salon had an objectionable odor. The floors were filthy and littered with hair, trash, dust, and dirt. The shampoo bowls were not clean. The door leading to the restroom had no handle and a rug jammed against the door made it very difficult to open. The restroom had a very unpleasant odor. There was a hole in the wooden floor. The pipes to the sink did not work properly and water from the sink would pour onto the floor. The restroom did not have a waste receptacle, paper towels, or soap. There was no ventilation in the restroom. The service area was quite cluttered. The brushes and combs were full of hair. A reinspection was done on December 3, 1987. At that time there were still some shortcomings in the condition of the premises, but substantial improvements had been made. Shortly before the hearing, another reinspection was done. At the time of the second reinspection, the premises were "spotless." Approximately a week or ten days before the August 29, 1987, inspection, the Respondent's premises were vandalized. The vandals broke into the building and once inside they broke the sink, the pipes to the sink, the water heater, and various other things in the salon. The vandals also made quite a mess inside the premises by doing such things as taking supplies out of drawers and dumping garbage on the floor. At the time of the August 29, 1987, inspection the Respondent had not yet been able to repair all of the damage caused by the vandals or clean up all of the mess caused by the vandals. The Respondent did not receive a settlement check from her insurance company until sometime after August 29, 1987, and due to her economic circumstances she was not able to begin to repair the damage caused by the vandals until she received the insurance settlement. Since August 29, 1987, the Respondent has repaired all of the damage to the premises and has made other substantial improvements to the premises. The Respondent's premises are in a low rent neighborhood. Many of her customers are in low income brackets. Accordingly, the Respondent charges lower than usual prices for her services and does not earn a large income from the business.
Recommendation Based on all of the foregoing, it is recommended that the Board of Cosmetology enter a final order in this case finding the Respondent guilty of violating Section 477.029(1)(i), Florida Statutes, and imposing a penalty consisting of a reprimand and an administrative fine in the total amount of one hundred dollars ($100.00) DONE AND ENTERED this 18th day of March, 1988, at Tallahassee, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of March, 1988. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Chief Attorney Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 R. Lee Utley, Jr., Esquire 331 East Bay Street Jacksonville, Florida 32202 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 William O'Neil General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
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 since September 10, 1980, licensed to practice cosmetology in the State of Florida. Her current license expires June 30, 1992. At all times material hereto, including August 8 and 17, 1990, Respondent has been an employee of the Salon D'Angelo, a cosmetology salon located in Coral Springs, Florida. Lewis Morganstern is an inspector with the Department. On August 8, 1990, Morganstern conducted an inspection of the Salon D'Angelo, including Respondent's work station. During his inspection, Morganstern observed that (a) Respondent did not remove hair from combs and brushes before using them on the next patron; (b) the barbacide Respondent used to sanitize her combs and brushes had hair floating in it; and (c) the drawer in which Respondent stored her combs and brushes also contained her personal belongings. Morganstern warned that these practices were unlawful and therefore should cease. Upon leaving, he advised that he would return to conduct a follow-up inspection. As promised, Morganstern returned to the salon on August 17, 1990. He found the same violations that he had observed during his initial inspection nine days earlier.
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 $250.00 for having committed these violations. RECOMMENDED in Tallahassee, Leon County, Florida, this 6th day of September, 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 6th day of September, 1991. COPIES FURNISHED: Tracey S. Hartman, Esquire Mark Harris, Qualified Representative Department of Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792 Kim Raffaelli Salon D'Angelo 4623 North University Drive Coral Springs, Florida 33065 Myrtle Aase, 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
