The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for operating a cosmetology salon without a certificate of registration.
Findings Of Fact An Administrative Complaint was filed against licensee, Virginia Jarnecke, who holds License No. Salon 24158, on the 31st of May, 1977, alleging that she did operate a cosmetology salon without a valid certificate of registration after having been warned and supplied with the proper form in July of 1976 at the La Petite Coiffures in Daytona Beach, Florida. The Respondent filed an Answer on the 24th day of June, 1977, entering a plea of not guilty to the Administrative Complaint. The inspector for the board inspected the Respondent shop in July of 1976 and found that there had been a change in ownership of the salon. She informed the Respondent new owner that the salon registration was nontransferable and that a new registration would have to be applied for and obtained. At that time she left a form designated BC-7 for use of the Respondent. On September 24, 1976 no license had been obtained and a violation of notice was written by the inspector. A license was obtained thereafter in November of 1976. The owner of the shop, Respondent Virginia Jarnecke, had waited to send in her application for registration of said shop until one of the employees obtained a license as master cosmetologist. She did not obtain a registration for the salon until November of 1976 although an application form had been' left by the Petitioner, State Board of Cosmetology, to change the registration from the former owner in July of 1976.
Recommendation Write a letter of reprimand to Respondent for the reason that there was unnecessary delay between the time the Respondent bought subject beauty salon and the time in which application for registration of the salon. DONE and ORDERED this 18th day of August, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Clifford L. Davis, Esquire LaFace & Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 J. David McFadden, Esquire 100 Seabreeze Boulevard, Suite 210 Daytona Beach, Florida 32018
The Issue Whether Respondent, Nancy Jo Gupton, allowed a non- licensed person to practice cosmetology in her beauty salon contrary to Florida Statutes. Whether Respondent's license should be revoked, annulled, withdrawn or suspended.
Findings Of Fact Respondent is doing business as Nancy Jo's Hair Stylist in Jacksonville, Florida. Respondent was working in said salon and left the salon to take a customer to the hospital. Sue Dalton, a non-registered person washed and set the hair of one Mrs. Latham, a customer of said salon. Sue Dalton was not employed to serve as a cosmetologist.
The Issue Whether the Respondents committed the offenses set forth in the respective Administrative Complaints filed in this case and, if so, what disciplinary action should be taken.
Findings Of Fact At all times material hereto, Respondent, Tracey Renee Monroe, was licensed by the Florida Cosmetology Board, and Respondent, Martha Hylton, was licensed by the Florida Cosmetology Board. On or around December 10, 1988, customer, Mary Jean Hampton went to Cora's Beauty Salon in Miami, Florida, to have her hair done by her usual cosmetologist, Martha Hylton. Ms. Hampton had been a regular customer of Ms. Hylton for approximately two years. When Ms. Hampton arrived, Ms. Hylton examined Ms. Hampton's hair, and they both decided that it was time to apply a chemical relaxer to Ms. Hampton's hair. Without performing a test of the chemical's reaction to a strand of Ms. Hampton's hair (strand test), Ms. Hylton proceeded with the application using a chemical she had used previously on Ms. Hampton's hair. When the chemical was removed, a substantial portion of hair in the crown area of Ms. Hampton head broke, leaving her with the appearance of spot balding. Ms. Hampton also suffered from a pre-existing skin condition which Ms. Hylton protected with base. When the breakage was noted, Ms. Hylton conferred with other cosmetologists in the salon and with Ms. Hampton. Ms. Hampton then mentioned that she had recently used a shampoo and conditioner, Flex, which she had not previously used. A decision was made that Respondent, Tracey Renee Monroe, would apply a procedure, bonding, to Ms. Hylton's head. Bonding involves gluing hair to the scalp and weaving the glued hair in with the remaining hair. The damage to Ms. Hampton hair was caused by the chemical relaxer. The proof failed to demonstrate that the bonding procedure contributed to the hair loss. Although performing a strand test prior to any chemical application on the hair is the acceptable procedure, the proof demonstrated that the practice is not consistently followed when a practitioner is familiar with a client's hair as Ms. Hylton knew Ms. Hampton's hair. On balance, the proof fails to demonstrate that either Respondent, Tracey Renee Monroe or that, Respondent, Martha Hylton, committed fraud, deceit, gross negligence, incompetency or misconduct within the intent of the Florida Cosmetology Act.
Recommendation Based on the foregoing findings of fact and conclusions of law, as to Respondent, Martha Hylton, it is RECOMMENDED that the administrative complaint be dismissed.; and Based on the foregoing findings of fact and conclusions of law, as to Respondent, Tracey Renee Monroe, it is RECOMMENDED that the administrative complaint be dismissed. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 25th of August 1989. JANE C. HAYMAN 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 25th day of August 1989. COPIES FURNISHED: Tobi Pam, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0729 James W. Evans, Esquire Post Office Box 420187 Miami, Florida 33142 Ms. Myrtle Aase Executive Director Florida Board of Cosmetology 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0729
The Issue The issues in the case are whether the allegations of the Administrative Complaint are correct, and, if so, what penalty should be imposed.
Findings Of Fact At all times material to this case, the Respondent was a Florida-licensed cosmetology salon, holding license CE-84418, located at 2702-B Silver Star Road, Orlando, Florida 32818. On April 11, 2008, Evelyn Williams, an inspector employed by the Petitioner, conducted a routine inspection of the Respondent. During the inspection, Ms. Williams observed three individuals, identified as O'Brian Breedlove, Charley James Hawks, and Shawn Johnson, using clippers to cut the hair of salon customers. Mr. Breedlove is a Florida-licensed hair braider, holding license number HB4110. Mr. Hawks is a Florida-licensed hair braider, holding license number HB4217. Mr. Johnson is a Florida-licensed hair braider, holding license number HB3935. A licensed hair braider is essentially authorized only to weave or interweave human hair and is not allowed to perform hair-cutting. Mr. Breedlove, Mr. Hawks, and Mr. Johnson were operating outside the scope of their licenses when Ms. Williams observed each man using clippers to cut the hair of the salon's customers. Ms. Williams additionally observed that photographs of Mr. Hawks and Mr. Johnson were not displayed with their licenses. During the inspection, Ms. Williams observed that the hair-cutting tools in use at the salon were not being properly disinfected or stored. Sterilizers contained excessive amounts of accumulated hair. Some combs, brushes, and clippers were kept in a drawer that contained used neck strips and other paper products, as well as personal items including cash. Some hair- cutting tools were left on top of workstation counters rather than contained within closed storage drawers. There was excessive accumulated hair on the floor and baseboards, as well as around the workstations. The Respondent's most recent health inspection report was not conspicuously displayed near the front entrance of the salon. The lavatory at the salon was not in good repair. A sink was leaking, and a bucket had been placed underneath the sink to catch leaking water. There were no sanitary towels present, and no mechanical hand dryer was provided. Ms. Williams noted the strong smell of urine in the lavatory and observed that the ventilation appeared to be inadequate. The owner of the Respondent was not present at the time of the inspection. Ms. Williams prepared a report of her inspection and presented a copy of the report to Mr. Breedlove.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Board of Cosmetology, enter a final order, stating that the Respondent violated the statutes and rules referenced herein; imposing a $3,000 administrative fine; and revoking the Respondent's cosmetology licensure. DONE AND ENTERED this 17th day of May, 2010, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of May, 2010. COPIES FURNISHED: LeChea C. Parson, Esquire Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-0792 Kwesi Korreh, Esquire Post Office Box 2487 Orlando, Florida 32802 Reginald Dixon, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Robyn Barineau, Executive Director Division of Professions Board of Cosmetology Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Respondent's alleged violation of Sections 477.02(6), 477.15(8), 477.27(1) & (2), Florida Statutes.
Findings Of Fact Clodoaldo and Olimpia Linares operate the Alinas Beauty Salon, a partnership, at 754 East 1st Avenue, Hialeah, Florida under Certificate of Registration to operate a cosmetology salon number 20143 issued by Petitioner on August 21, 1974. Petitioner's Inspector Miller, accompanied by Inspector Padrick, visited Respondent's salon on October 31 1975, to investigate a report that Respondent had an operator at their shop who was practicing cosmetology without a license. At that time the inspectors discovered Carmen Salvador giving a manicure to a patron. Salvador stated to the inspectors that although she did not have a Florida license to practice cosmetology, she was not employed in the salon. (Testimony of Miller and Padrick) Respondent Olimpia Linares testified that Salvador was her cousin and that while she was waiting for Linares to leave the salon for the evening she filed a patron's nails while Linares was working on the patron's hair. The patron was a friend of Salvador. (Testimony of Linares)
Recommendation That Respondent, Olimpia Linares, be issued a written reprimand for violation of Section 477.27(2), Florida Statutes. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Clodoaldo and Olimpia Linares c/o Alinas Beauty Salon THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 754 East 1 Avenue Hialeah, Florida
The Issue Respondent's alleged violations of Section 477.02(4) & 477.15, Florida Statutes.
Findings Of Fact Respondent operates Kemp's Beauty Salon, 404 N.E. 10th Street, Boynton Beach, Florida, under Certificate of Registration Number 16286 to operate a cosmetology salon issued by Petitioner on November 18, 1971. (Stipulation). On May 22, 1975, Petitioner's inspector visited Respondent's salon and observed a man styling the hair of a patron. On May 23, the Inspector returned and observed the same man doing the same thing. He informed her that he did not have a state license. Respondent was not present on either occasion. (Testimony of Jennings) Respondent testified at the hearing that he had had no idea that the individual in question, who was a patron of the shop, was going to work on customers. On May 23rd Respondent had left the shop to have lunch. (Testimony of Kemp).
Recommendation That Respondent's salon license 16286 be suspended for a period of 30 days. 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 Thomas Kemp Kemp's Beauty Salon 404 N.E. 10 Street Boynton Beach, Florida
