Findings Of Fact Petitioner, Department of Professional Regulation, Board of Cosmetology (Board), is charged with the responsibility of regulating the practice of cosmetology. Among its responsibilities are the routine inspections of cosmetology salons to insure that all Board requirements are being met. On January 13, 1988 a Board inspector inspected the premises of From Hair on Etc., a licensed cosmetology salon in Clearwater, Florida. During the course of the inspection, the inspector observed a work station set up for respondent, Kristie J. Wheatley. The inspector also reviewed the salon's appointment book and noted manicure appointments for "Kristie" beginning around October 13, 1987 and continuing until January 19, 1988. However, the inspector did not find a license for respondent, and a subsequent search of Board records revealed that respondent was not registered with the Board. The inspector later talked with respondent by telephone. Respondent acknowledged that she had been employed as a manicurist at the salon since October 1987 and was not registered with the Board. She informed the inspector that she was unaware that the Board had begun enforcing a new law that required manicurists to be registered. According to owners of the salon, respondent performed manicure services in the salon for a three month period from October 1987 until January 1988. She was compensated for these services. In response to their inquiry as to her registration status, Wheatley told them she had filed an application for registration. Later on, she advised them the registration was at her home. When the owners learned from the inspector that respondent was not registered with the Board, her services were terminated.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent be found guilty as charged in the amended administrative complaint, that she be assessed a $150 fine, and that she not be permitted to register with the Board until such fine is paid. DONE and ENTERED this 24th day of February, 1989, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 24th day of February, 1989. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Professional Regulation 130 North Monroe Tallahassee, Florida 32399-0750 Kristie J. Wheatley 14194 Darts Drive Fenton, MI 48430 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 130 North Monroe Tallahassee, Florida 32399-0750 Myrtle Aase, Executive Director Department of Professional Regulation Board of Cosmetology 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue Respondent's alleged violation of Section 477.14(1) & 477.17, Florida Statutes. Receipt of Administrative Complaint and Notice of Hearing was acknowledged by Respondent. (Exhibit 1)
Findings Of Fact On May 20, 1975, Respondent was employed at the Elizabeth Arden cosmetology salon, 340 Miracle Mile, Coral Gables, Florida. This salon operates under Certificate of Registration No. 21626 issued by Petitioner on May 8, 1975. Petitioner's inspector had seen an ad in the Miami Herald to the effect that Respondent was employed at that establishment and she was aware of the fact that he did not hold a current cosmetologist license. She visited him on May 20, 1975 and he stated at that time that he had applied for a license. The inspector checked with Petitioner's records personnel and discovered that his license had not been renewed at that time. (Testimony of Padrick) Respondent submitted letters dated June 25, 1976 in which he stated that he had planned to attend his hearing but was unable to do so because of illness in the family. He further stated that he had been a licensed cosmetologist in the State of Florida for over 20 years, and previously one in Illinois for over six (6) years. He stated that he had severe medical problems and went out of the beauty field for approximately two years and when the job opportunity at Elizabeth Arden came along he forwarded a check for $35.00 to Petitioner to reinstate his cosmetology Certificate and that when Petitioner's inspector entered the shop on May 20, 1975, his new license had not yet been received. However, he did show her the check stub. They then jointly called Petitioner's Winter Haven office and he was advised that the check had not been received but that he should send a money order and his old license stub. He did so and his license was received on June 14, 1975. (Statement of Respondent)
Recommendation That the allegation against 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 COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Robert Wintermute c/o Elizabeth Arden 340 Miracle Mile Coral Gables, Florida
Findings Of Fact The Respondent was licensed by the State of Florida to practice cosmetology, having been issued license number CL 0030044. On September 27, 1966, the Respondent was issued a cosmetology salon license numbered CE 0009517 authorizing the operation of a cosmetology salon called "Bonnie's Boutique," located at 426 South Pineapple Avenue, Sarasota, Florida, owned by the Respondent. The petitioner is an agency of the State of Florida charged with enforcing the provisions of Chapter 477, Florida Statutes, as that relates to licensing and regulation of the activities and practices of cosmetologists and cosmetology salons. After assuming ownership of, and obtaining licensure for the operation of a cosmetology salon, the Respondent began operating Bonnie's Boutique, She operated Bonnie's Boutique as a cosmetology salon until approximately June 30, 1980, when her cosmetology salon license became ripe for renewal. She was leasing the premises in which she operated her business, which lease continued through August of 1983. The Respondent failed to renew her cosmetology salon license number CE 0009517 after it expired on June 30, 1980. From that time until August, 1983, when the lease on the premises expired, the Respondent operated Bonnie's Boutique, albeit on a limited basis due to health problems, performing cosmetology services primarily for friends and relatives. Sometime in January, 1983, in the course of an investigation of the Respondent's activities with regard to the salon premises, it was discovered by petitioner's investigator that the Respondent was operating the cosmetology salon at the above address on at least an intermittent basis without a current cosmetology salon license. Due to health problems, the Respondent has never sought to operate a fully active cosmetology salon business since the expiration of her salon licensure on June 30, 1980. Aside from the subject action there has never been any other disciplinary proceeding instituted against the Respondent with regard to her licensure status.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, and the evidence of record, it is, therefore RECOMMENDED: That a Final Order be entered imposing the penalty of a reprimand on the Respondent Bonnie J. Wagoner. DONE and ENTERED this 20th day of February, 1984, in Tallahassee, Florida. P. MICHAEL RUFF 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 20th day of February, 184. COPIES FURNISHED: Theodore R. Gay, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Bonnie J. Wagoner 1714 Devanshire Sarasota, Florida 33577 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Patricia Strange began as a cosmetologist in North Carolina in 1966. Since October of 1977 she has practiced cosmetology in Panama City, Florida. The administrative complaint filed in the present case is the first complaint ever made by any public authority against her as a cosmetologist. Ms. Strange holds cosmetology license No. CL0059441. Petitioner's Exhibit No. 1. On November 13, 1970, the State Board of Cosmetology issued a "Certificate of Registration To Operate A Cosmetology Salon," No. 14877, for Pat's Petite Beauty Salon, 1848 Beck Avenue, Panama City, Florida. Under this license, respondent Strange operated a beauty salon for ten or eleven years. In early 1981, the building in which respondent operated her salon was sold, and she was asked to move the salon. She was given one month's notice that the salon lease, which expired April 30, 1981, would not be renewed. During the busy month that ensued, she effected a move to a new building at 2347 St. Andrews Boulevard in Panama City, where she opened for business under the name St. Lynn Gallery of Hair Design on the first Wednesday in May of 1981. She inquired about her city occupational license and was told that she need not worry about getting another until her current occupational license expired. Respondent was unaware of any requirement to obtain a new salon license from petitioner, until August 20, 1981. Charles I. Deckard, an investigator in petitioner's employ, called on respondent on August 20, 1981. When she showed him the salon license, he told her she needed to secure another license for the new location and issued a citation. The very next day respondent closed her shop, telephoned petitioner's Tallahassee office to inquire what documents she would need to secure a new salon license, gathered up all such documents, and made the trip to Tallahassee. She took with her a $40 cashier's check in petitioner's favor, as payment for a new salon license, dated August 21, 1981. Respondent's Exhibit No. 2. Petitioner then issued a new cosmetology salon license to respondent for St. Lynn Gallery of Hair Design.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the Board of Cosmetology reprimand respondent. DONE AND ENTERED this 20th day of August, 1982, in Tallahassee, Florida. ROBERT T. BENTON, II 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 20th day of August, 1982. COPIES FURNISHED: Drucilla E. Bell, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Russell R. Stewart, Esquire Post Office Box 2542 Panama City, Florida 32401 Myrtle Aase, Executive Director Board of Cosmetology 130 North Monroe Street Tallahassee, Florida 32301 Samuel R. Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact At all times relevant hereto Lawrence R. Crawford was licensed as a cosmetologist by DPR, having been issued License No. CL 0081100. By Final Order dated December 31, 1985, Respondent was found guilty of practicing cosmetology without being properly licensed and fined $450 with suspension of license until the fine was paid. (Exhibit 1) Respondent paid $225 of this fine in February 1986, but has made no subsequent payment nor has he renewed the cosmetology license which expired June 30, 1984. An inspection of Respondent's salon at 1383 Gulf to Bay Boulevard, Clearwater, Florida, was conducted March 11, 1987, and Respondent was observed working on a client of the salon. At this time he had no active license. By Final Order dated August 12, 1983, the Board of Cosmetology found Respondent guilty of operating as a cosmetologist without an active salon license, assessed a fine of $50, and suspended his license until the fine was paid. (Exhibit 1). The record (Exhibit 1) fails to disclose whether this fine was paid; however, no current license was issued to Respondent. On October 2, 1987, Petitioner's inspector passed the address of Respondent's salon on Gulf to Bay Boulevard and noticed all equipment had been removed as well as the sign containing the name of the salon.
The Issue The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaint filed against her, and, if so, what disciplinary action should be taken against her, if any.
Findings Of Fact At all times material hereto, Respondent has been licensed by the State of Florida as a cosmetologist, having been issued license number CL200634. At all times material hereto, her business, Karline's Beauty Spa of the Palm Beaches, has been a licensed cosmetology salon, having been issued license number CE74123. On Friday, September 26, 2003, the Department's inspector Yvonne Grutka performed an inspection of Karline's Beauty Spa from 3:24 to 4:35 p.m. When she arrived, she noticed a pregnant woman styling a female client's hair with marcel irons. When the pregnant woman saw Grutka, she left her client and left the salon. Grutka asked Respondent the identity of the pregnant woman, and Respondent told her the woman was Venus Pope. Respondent then showed Grutka a license with Venus Pope's photograph on it, but the picture did not look like the woman who had been styling the client's hair. At first, Respondent represented that Venus Pope had gone to lunch and would return. Later, Respondent said the Pope had gone to pick up her children and would not return until the following Wednesday. However, Grutka checked the computer at the front desk and learned that Pope was scheduled to work the following day, Saturday, September 27. Grutka subsequently returned to the salon when Pope was working. She asked the woman her name, and the woman identified herself as Venus Pope. Pope was not the pregnant woman who had been styling the female client's hair. Grutka concluded that Respondent was interfering with her inspection by not properly identifying the pregnant woman who was styling hair. Grutka noticed that various personal items and papers were located in the same open drawer in which sanitized combs and brushes were being stored. A blow dryer was also resting on the open drawer. The salon's license and previous inspection sheet were not displayed within view of the front door, as required. In addition, the stylists' licenses with their photographs were not displayed at their workstations, as required. These violations were admitted by Respondent during the final hearing. When Grutka arrived at the salon on September 26 Respondent was in her office in the back of the salon and was not "on the floor."
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the allegations contained in the Administrative Complaint filed against her and imposing an administrative fine in the amount of $1,600 to be paid within 30 days of the date the final order is entered. DONE AND ENTERED this 17th day of October, 2005, in Tallahassee, Leon County, Florida. S LINDA M. RIGOT Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of October, 2005. COPIES FURNISHED: Julie Malone, Executive Director Board of Cosmetology Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 Leon Biegalski, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 Charles F. Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 Karline Ricketts, pro se 1900 Okeechobee Boulevard, South 8A West Palm Beach, Florida 33409
The Issue Whether Respondent engaged in the practice of cosmetology or a specialty without an active license in violation of Section 477.0265, Florida Statutes (2005), and, if so, what penalty should be imposed.
Findings Of Fact Based on the evidence and the testimony of witness presented, and the record in this case, the following findings of fact are found: At all times material hereto, Respondent was regulated by the Department. Respondent's last know address and his address of record with the Department is 421 Champagne Lane, Brandon, Florida 33510. This is also the address written on the Election of Rights Form submitted to the Department in which Respondent requested a formal hearing. At all times material hereto, John Miranda was employed by the Department as an environmental health specialist, where he has been working for approximately nine (9) years. As an environmental health specialist, Mr. Miranda conducts inspections for the Board of Cosmetology. On December 14, 2005, Mr. Miranda conducted an inspection of the Eclips Barber Shop (Eclips) located at 1221 Kingsway Plaza, in Brandon, Florida. During the inspection, Mr. Miranda observed Respondent cutting hair. However, when asked to do so, Respondent did not produce either a barber license or cosmetology license. On December 14, 2005, Respondent was not licensed as either a barber or a cosmetologist. Respondent was eligible to take the cosmetology examination on September 10, 2004. As of December 20, 2005, Respondent had successfully completed all parts of the cosmetology licensing examination. Respondent was not licensed as a cosmetologist until more than three months after the December 14, 2005, inspection. Respondent was initially issued a cosmetology license, License No. CL 1183800, on or about March 31, 2006. That license is current and active, with an effective date of March 31, 2006, through October 31, 2007.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, enter a final order (1) finding that Respondent, Camilo Torres, engaged in the practice of cosmetology without a license, an act proscribed by Subsection 477.0265(1)(a), Florida Statutes (2005), and (2) imposing an administrative fine of $500 for that violation. DONE AND ENTERED this 5th day of September, 2006, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of September, 2006. COPIES FURNISHED: Camilo Torres 421 Champagne Lane Brandon, Florida 33511 Lee C. Hawley Charles Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32303 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact On April 28, 1968, the Respondent, Elke H. M. Richey, was issued cosmetology license number CL 0060439 by the Florida Board of Cosmetology. The Respondent renewed this license as required until June 30, 1982. However, during the period from July 1, 1982, through January 10, 1983, the Respondent did not hold an active license to practice cosmetology. On November 18, 1982, Agostino Lucente, an inspector employed by the Department of Professional Regulation, went to the premises of a business named Hair Fashions by Elke, located at 1790 State Road 13, Switzerland, Florida to conduct an inspection. This business was selected for inspection because it appeared on a list of cosmetology salons whose licenses were not current. The Respondent was present during this inspection, and she admitted that she was the owner of the salon. Although the Respondent was not actually observed performing any cosmetology services, the inspector observed the Respondent make appointments for such services by telephone and with persons who came in. In addition, there was on the premises equipment used in the practice of cosmetology such as hair dryers and shampoo stations, hair rollers, creams and lotions. There was an exterior sign advertising Hair Fashions by Elke, there were business cards available for distribution inside the premises, the salon was open for business and there was displayed an occupational license with the Respondent's name on it. This evidence supports a finding that the Respondent was engaged in the practice of cosmetology. On November 24, 1980, the Florida Board of Cosmetology issued to the Respondent license number CE 0030890 for a cosmetology salon named Hair Fashions by Elke, located at 1790 State Road 13, Switzerland, Florida. This license expired on June 30, 1982, and it was not in effect when the Respondent's salon was inspected on November 18, 1982. After the inspection of November 18, 1982, the Respondent attempted to renew her cosmetology license number CL 0060439 and her cosmetology salon license number CE 0030890. On January 11, 1983, the Board of Cosmetology issued a renewal of the Respondent's cosmetology license number CL 0060439, but it did not issue to the Respondent a renewal of her cosmetology salon license number CE 0030890, and the Respondent eventually sold Hair Fashions by Elke in August of 1983.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent, Elke H. M. Richey, be found guilty as charged in the Administrative Complaint, and that license number CL 0060439 be suspended for one year as penalty for count one, and that the Board of Cosmetology issue a reprimand to the Respondent, Elke H. M. Richey, as penalty for count two. THIS RECOMMENDED ORDER entered this 9th day of December, 1983. WILLIAM B. THOMAS, 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 9th day of December, 1983. COPIES FURNISHED: Theodore R. Gay, Esquire 130 North Monroe Street Tallahassee, Florida 32301 Elke H. M. Richey 1790 State Road 13 Switzerland, Florida 32043 Myrtle Aase, Executive Director Department of Professional Regulation - Board of Cosmetology 130 North Monroe Street Tallahassee, Florida 32301 Fred M. Roche, Secretary 130 North Monroe Street Tallahassee, Florida 32301
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
