Findings Of Fact Mrs. Marge Edwards, Inspector with the Florida State Board of Cosmetology, issued a notice of violation citing Respondent for "owner leaving one cosmetologist, one student permit working alone". The time of the violation notice was dated 2:10 p.m. on June 1, 1974. Respondent George D'Zanko was out of the George D's beauty salon, a business which he owns and operates as the master cosmetologist on June 1, 1974 during the hours which includes 2:10 p.m. Mr. D'Zanko admits that he was out of the shop at that time. Respondent entered a motion to dismiss contending that Chapter 477, Florida Statutes, did not require his presence in the shop while the cosmetologists were working therein. Section 477.04, Florida Statutes, states "no registered cosmetologists may independently practice cosmetology, but he may as a cosmetologist do any or all of the acts constituting the practice of cosmetology under the immediate personal supervision of a registered master cosmetologist". The attorney for Respondent D'Zanko equates Chapter 476, Florida Statutes, which regulates barbers with Chapter 477, Florida Statutes, which regulates cosmetologists, and cites Lett vs. Florida Barbers Salary Commission, Fla. App. 247 So.2d 335, for his position that inasmuch as Respondent was in the neighborhood of the salon the actual presence of Respondent was not necessary. The Board contends that the Respondent allowed a cosmetologist to practice cosmetology without the presence and supervision of a master cosmetologist in violation of Chapter 477, Florida Statutes. The Board contends that the presence of a master cosmetologist in a salon where the art of cosmetology is being practiced is a protection for the public and that Respondent allowed his shop to be operated without the supervision of a master cosmetologist. That the license of the Respondent should be revoked, annulled, withdrawn or suspended. The Hearing Officer finds: That Chapter 477, Florida Statutes, requires that a master cosmetologist be present in a cosmetology salon at all times when the art of cosmetology is being practiced; That Respondent George D'Zanko, the owner of the salon, Styles by George D', Inc., allowed cosmetology to be practiced in his salon at a time when there was no master cosmetologist therein; That the direct supervision of a master cosmetologist is a protection for the customers in the application of materials used in practicing the art of cosmetology.
The Issue Whether Respondents operated their cosmetology salon in violation of the rule then in effect in which each cosmetology salon owner or manager should send to the Board every five (5) years a certificate from a licensed electrician showing that the electrical equipment in said salon is in safe operating condition. Regulation 21F-3.02, of the rules and regulations of the State Board of Cosmetology. Whether Respondents' license should be revoked, annulled, withdrawn or suspended.
Findings Of Fact The witness and Respondents were duly sworn. The Notice of Service and Complaint were entered without objection and marked Exhibit 1. The Election of Remedies and Electrical Certificate were entered into evidence as Exhibit 2 without objection. Respondents held a license as required by Board of Cosmetology Rule 21F-3.02, which was dated 1969. A notice of violation was written up by the Board at the five-year expiration of said license which was in 1974. Since the writing of the violation notice, the Board has rescinded the rule requiring an electrical certificate and Respondnets not having procured a certificate in a timely fashion did not then attempt to secure said certificate inasmuch as the rule had been rescinded.
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
