The Issue Whether Respondent, Bernice Benbow, allowed a non-licensed person to practice cosmetology in her beauty salon. Whether Respondent's license should be revoked, annulled, withdrawn, or suspended, or whether some other disciplinary action should be taken.
Findings Of Fact Respondent, Bernice Benbow is doing business as Bernice's Beauty Salon in Cocoa, Florida. 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. Respondent was working in said salon on the date reported herein and left the salon during working hours. Carrie Shingles, a non-licensed, non-registered person, washed the hair of a customer at said salon on said date. Carrie Shingles was not employed to serve as a cosmetologist and is not a registered cosmetologist. Carrie Shingles denied that she had the permission of Respondent to practice cosmetology. Said witness said that her duties were to fold towels and perform other non- cosmetology duties in the salon. When Respondent, Bernice Benbow, returned to the salon on the day in question, she set the hair of the customer that Carrie Shingles had shampooed and collected a fee for said shampoo and set but denied that she gave permission to Carrie Shingles to shampoo said customer.
The Issue The issue for determination is whether Respondent committed the violations as alleged, and, if so, what disciplinary action is appropriate.
Findings Of Fact Lenny Layland owns the cosmetology salon located at 1935 Aloma Avenue in Winter Park, Florida. The salon was licensed effective August 13, 1987, under his ownership and the name, Contemporary Hair Design, license number CE-0044980. The same salon was previously licensed under the ownership of his sister, Lorrie Layland, as "Blazing Scissors." The shop has been in the family for several years. When Lenny Layland acquired ownership, no actual sale took place. His sister did not have time to run the shop, so he took it over in order to protect the family investment. He did not know that a new license was required until Valarie Flowers, the DPR inspector, visited the premises on July 22, 1987. As soon as she told him he needed a license, he acquired one. Lenny Layland also had purchased another salon that was not in his family and had properly acquired a license for it. At the time of Ms. Flowers' inspection, no other violations were found, nor is there evidence of prior violations by the Respondent.
Recommendation It is, therefore, RECOMMENDED: That a final Order be entered by the Board, finding Respondent violated Chapter 477, F.S., as alleged, and imposing an administrative fine of $50.00. DONE AND RECOMMENDED this 25th day of March, 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 25th day of March, 1988. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Lenny Layland, Esquire Contemporary Hair Designs 1935 Aloma Avenue Winter Park, Florida 32792 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 William O'Neil, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue Whether the certificate of registration of Respondent should be revoked, annulled, withdrawn or suspended for the reason that Respondent, Arguster Jackson, did work as a master cosmetologist without a valid certificate of registration.
Findings Of Fact A copy of the Complaint with attached license, the certificate, and receipt for certified mail were entered into evidence as requested and marked Exhibit 1 without objection. Respondent entered a guilty plea, a copy of which was entered into evidence as requested without objection and marked Exhibit 2. Respondent Jackson did operate without a current registration required by Chapter 477, Florida Statutes. Respondent secured her master cosmetologist certificate within a time laps after the filing of this Complaint.
