The Issue The issue for disposition is whether William Engelleiter practiced cosmetology without a license, and if so, what action is appropriate.
Findings Of Fact Nita Spagnole is an investigator for the Department of Professional Regulation (DPR) in the Orlando, Florida office. On March 22, 1988, she visited the Apollo Hair Designs Salon in Melbourne, Florida, to gather affidavits for another case. William Engelleiter was in the salon and was pointed out to her as a cosmetologist. He was in the area, talking to a customer, watching TV and visiting with the other workers. She did not observe him working on hair or otherwise practicing cosmeto1ogy. Ms. Spagnole later pulled his name on the agency computer and learned that he did not have a license. William Engelleiter attended cosmetology school but did not pass the board examination. He is diabetic and frequently ill. He met the Blough's, the owners of Apollo Hair Design at a flea market. They were giving away free samples and said they needed a receptionist. Engelleiter was hired to work as a receptionist until he was able to pass the examination. He started work at Apollo on January 25, 1988, and was still employed as a receptionist in March, 1988. He left shortly later due to illness. From time to time at the salon, William Engelleiter did his mother's hair and worked on the owner's daughter and other cosmetologists, but he claims that he never received compensation for those services. His mother confirmed this. David Simon, a friend of Engelleiter's, went to the salon to buy a hairpiece. He wanted Engelleiter to get the commission but was told that he could not, because he was not a cosmetologist.
Recommendation Based on the foregoing, it is, hereby RECOMMENDED: That the administrative complaint dated May 20, 1988 be dismissed. DONE and RECOMMENDED this 9th day of December, 1988, in Tallahassee, Florida. MARY CLARK 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 9th day of December, 1988. COPIES FURNISHED: Ronald L. Jones, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 William R. Engelleiter 1964 McKinley Avenue Post Office Box 24A Melbourne Beach, Florida 32951 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Bruce D. Lamb General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
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.
The Issue Whether Respondent Nancy Moss' cosmetology instructor's license should be suspended or revoked, or whether other disciplinary action should be taken by Petitioner against Respondent for alleged violation of Section 477.025(1), Florida Statutes (1980 Supplement), and Section 477.028(1)(b), Florida Statutes (1979).
Findings Of Fact On May 28, 1981 Petitioner Department of Professional Regulation, Board of Cosmetology filed an Administrative Complaint seeking to suspend or revoke or take other disciplinary action against Respondent Nancy Moss as licensee and against her license as a cosmetology instructor. The complaint charged Respondent Moss with three (3) counts of misconduct for holding herself out as a cosmetologist and a cosmetology instructor and for operating a cosmetology salon without being duly licensed. Respondent holds an inactive cosmetology instructor's license #1C 0083468. The inactive receipt was dated July 31, 1980 and expired June 30, 1981 (Petitioner's Exhibit 1). Respondent was the owner and operator of the American Hairstyling Academy, a barber school duly licensed by the State Board of Independent Post- Secondary Vocational, Technical, Trade and Business Schools during the time pertinent to this hearing. The school ceased operation on July 1, 1981. The Director of the State Board of Independent Post-Secondary Vocational, Technical, Trade and Business Schools, a witness for Petitioner, made an official visit to the American Hairstyling Academy on January 21, 1981. He saw a woman sitting in one (1) of the six (6) or seven (7) chairs in the facility with rollers in her hair and saw Respondent Moss performing a service on the woman's hair. After the Director had identified himself, Respondent gave him the American Hairstyling Academy school records to examine and then proceeded to complete her work on the woman's hair. The Director noticed a room with clothes hanging on racks and trinkets in a counter with a sign, "Boutique," near the door. The room had been previously designated as a classroom for the barber school. Before the Director left, one (1) other person entered the premises. (Transcript, pages 12 through 34.) The Supervisor I, Office of Investigative Services, Jacksonville, Region II, made an appointment for a shampoo and set with Respondent Moss on February 4, 1981 at the American Hairstyling Academy. She appeared at the designated time, and Moss performed the shampoo and set. The Supervisor saw a room in which clothes were hanging and saw an area beyond that room which was separated with a cloth curtain. Before the Supervisor left, one (1) other person entered the premises. The Supervisor paid for the hair service and left the school. (Transcript, pages 34 through 41.) An investigator for Petitioner saw two (2) women at the academy, one having her hair serviced and one (1) waiting for Moss. The investigator was told by Respondent that teaching was done at the school and that there were two students enrolled, but no student records were produced for her to examine. She saw no blackboards or what she recognized as a classroom. (Transcript, pages 41 through 51.) A witness for Respondent had his hair washed, conditioned and cut many times in Respondent's barber school by students. He has had the same service done by the Jacksonville Barber College. (Transcript, pages 62 through 67.) A former student stated that she attended the American Hairstyling Academy for two (2) months, and Respondent Moss supervised the work done by the students. She attended classes with five (5) other students in a classroom at the American Hairstyling Academy and checked out books from the library, but she did not complete the course. (Transcript, pages 67 through 71.) Respondent called another witness who had had students at the barber school work on her hair on approximately ten (10) different occasions, but Respondent Moss did not work on her hair. (Transcript, pages 71 through 74.) The Hearing Officer finds that the licensed barber school owned and operated by Respondent Moss prior to July 1, 1981 had a few students, six (6) or seven (7) chairs, a small area that was used by students and Respondent for instruction and a minimal library. The testimony and evidence presented by both parties show that Respondent Moss was a practicing barber in a licensed barber school. Her acts could also be classified as practicing cosmetology although she said she practiced barbering.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Administrative Complaint filed against the Respondent Nancy Moss be dismissed. DONE and ORDERED this 4th day of November, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the clerk of the Division of Administrative Hearings this 4th day of November, 1981. COPIES FURNISHED: Drucilla E. Bell, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Stanley B. Gelman, Esquire 207 Washington Street Jacksonville, Florida 32202 Samuel Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact At all times material, the Respondent Fernando Vargas Natal has been a licensed cosmetologist in the State of Florida, holding license number CL 009034. At all times material, Fahn Hair/Nails has been licensed as a cosmetology salon in the State of Florida, holding license number CE 0053197. At all times material, Samer Mace has been a registered nail specialist in the State of Florida, holding license number FV 0521832. Samer Mace was not licensed as a cosmetologist in the State of Florida at any time material to this case. DPR investigator Sandra McKenzie, using the name "Linda," telephoned Fahn Hair/Nails on November 28, 1990, and made an appointment to have her hair done by Samer Mace at 2:00 p.m. on November 30, 1990. On the appointment books at Fahn Hair/Nails, Samer Mace was listed as "Sam." Upon entering the business premises of Fahn Hair/Nails on November 30, 1990, at approximately 1:45 p.m., DPR investigator Richard Braun observed an appointment for "Linda" for hair services at 2:00 p.m. listed in the appointment book in the column for Sam." Investigator Braun also observed in the appointment book in the column for "Sam," other appointments scheduled that day for manicures, blow drys and washes. When Fernando Vargas Natal was questioned about the allegations concerning Samer Mace's unlicensed cosmetology activities, Mr. Natal admitted to investigator Braun that Samer Mace had been providing hair services to customers at Fahn Hair/Nails. When Samer Mace was questioned about the allegations concerning her unlicensed cosmetology activities, she admitted to investigator Braun that she had been providing hair services to customers while in the employ of the Respondent. Fernando Vargas Natal was aware that, at all times material, Samer Mace was licensed only to perform manicures, and was not licensed to perform hair services.
Recommendation For all of the foregoing reasons, it is recommended that the Board of Cosmetology enter a Final Order in this case concluding that the Respondent has violated Section 477.029(1)(c), Florida Statutes (1989), and imposing an administrative penalty of a fine in the amount of $500.00. DONE AND ENTERED at Tallahassee, Leon County, Florida, this 4th day of September, 1991. MICHAEL M. PARRISH, 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 9th day of September, 1991. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 91-2664 The following are my specific rulings on all proposed findings of fact submitted by all parties. As a preface to the specific findings which follow it is noted that there is conflicting evidence on some of the relevant facts in this case. In resolving those conflicts I have, for the most part, found the testimony presented on behalf of the Petitioner to be more persuasive than the testimony presented on behalf of the Respondent. Findings proposed by Petitioner: The following paragraphs of the findings proposed by the Petitioner are accepted in whole or in substance: 1, 2, 3, 6, 7, 8, 9, 10, 11, and 12. The following paragraphs of the findings proposed by the Petitioner are rejected as subordinate and unnecessary details: 4 and 5. Findings proposed by Respondent: The first sentence of the findings proposed by Respondent is rejected as contrary to the greater weight of the evidence. The second sentence of the findings proposed by Respondent is rejected as not supported by competent substantial evidence and as, in any event, irrelevant. The third sentence of the findings proposed by Respondent (the sentence incorporating the recommendation) is rejected as contrary to the greater weight of the evidence. COPIES FURNISHED: Ms. Myrtle Aase Executive Director Board of Cosmetology Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 Jack McRay, Esquire General Counsel Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 Mr. Mark E. Harris Paralegal Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Mr. Fernando Vargas Natal Fahn Hair/Nails 11921 South Dixie Highway, Suite 200 Miami, Florida 33156 Mr. Andrew H. Hand Fahn Hair/Nails 11921 South Dixie Highway, Suite 200 Miami, Florida 33156
