Findings Of Fact Petitioner, Department of Professional Regulation, Board of Cosmetology, is the state agency charged with regulating the practice of cosmetology pursuant to Section 20.30, Chapters 455 and 477, Florida Statutes. Respondent, Nadine Alice Walker d/b/a Nadine's Styling Salon, is licensed to practice cosmetology and to operate a cosmetology salon, having been issued license number CL 0102000 and CE 0032562. During times material hereto, Respondent Walker has been the owner/operator of a cosmetology salon named "Nadine's Styling Salon" located at 1014 East Cass Street, Tampa, Florida 33602. Respondent Hunt, during times material, was not a licensed cosmetologist in Florida. During a routine inspection of Respondent Walker's salon on June 16, 1990, inspector Steve Yovino, who is employed by Petitioner to conduct routine inspection of, inter alia, cosmetology salons to determine their compliance with Chapter 477, Florida Statutes, observed Respondent Hunt using an electric dryer to "blow dry" a customer's hair which she had shampooed. Respondent Hunt was compensated for her services. On the day of the inspector's routine inspection of Respondent Walker's salon, it was the first day that Respondent Hunt had assisted Respondent Walker at Walker's styling salon. Respondent Hunt is presently enrolled in a cosmetology school to become trained and licensed as a cosmetologist in Florida. Respondent Walker engaged the services of Respondent Hunt to assist her in those duties in which an unlicensed cosmetologist can engage in, to wit, performing routine maintenance around the salon to include sweeping and cleaning the booth areas. Respondent Walker's aim was to assist Respondent Hunt in gaining experience in those areas of cosmetology which did not require a license. Neither Respondent Hunt nor Respondent Walker have been the subject of prior disciplinary action by the Petitioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: Petitioner enter a Final Order imposing an administrative fine against Respondent Nadine Alice Walker in the amount of $100, payable to Petitioner within thirty (30) days of the entry of its Final Order and issue Respondent Nadine Alice Walker a letter of guidance. Petitioner enter a Final Order imposing an administrative fine against Respondent Tracy Hunt in the amount of $100, payable to Petitioner within thirty days of the entry of its Final Order and issue Respondent Tracy Hunt a letter of guidance. 1/ RECOMMENDED this 28th day of February, 1991, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL 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 28th day of February, 1991.
The Issue The issues to be resolved in this proceeding are whether the Respondent has committed violations of Florida statutes relating to the operation of a cosmetology salon, and, if so, what penalty should be imposed by the Board of Cosmetology. Petitioner contends that the Respondent was properly notified of her responsibility to renew her cosmetology salon license and that she failed to do so. Respondent contends that she was never properly notified of this new statutory responsibility.
Findings Of Fact At all times material to this proceeding, the Respondent has been licensed as a cosmetologist in the State of Florida. She holds License No. CL- 0071047 issued by the Board of Cosmetology. For many years, and at all times material to this proceeding, the Respondent has owned and operated a cosmetology salon named "Ramona's Beauty Salon." The salon is located at 130 Dixie Highway, Auburndale, Florida. The salon has, at all material times, been open for business and doing business with the general public as a cosmetology salon. Prior to July 1, 1980, cosmetology salons were required to be registered with the Board of Cosmetology; however, there was no requirement that the registration, once obtained, be renewed. Registration of a salon was permanent. In 1978, the Legislature amended provisions of law relating to registration of cosmetology salons. Effective July 1, 1980, cosmetology salons were required to have renewed their salon license and to renew it again every two years. Because of the change in the law which imposed a new obligation to renew the registration for a salon, the Board of Cosmetology endeavored to advise its licensees of the obligation to renew the salon registration. In March, 1980, the Board mailed a newsletter to its salon licensees advising them about the change in the law. In May, 1980, the Board mailed renewal cards to its licensees. The cards were to be filled out and returned to the Board with the appropriate fee. The Board endeavored to send these notices to its salon licensees at their currently registered addresses. The address that the Board had for the Respondent's salon was the proper one. The Respondent did not receive the notices. The evidence does not reveal whether this was the result of the Board's not forwarding them to her, an error on the part of the postal service, or an error by the Respondent. The precise system that the Board used to assure that the notices were properly forwarded to its licensees was not made a part of the record. The evidence is insufficient to establish why the Respondent did not receive the notices. Prior to 1979, the Board of Cosmetology inspected the premises of its licensees on at least an annual basis. Typically, inspections were conducted more frequently than that. When the Legislature reorganized the Department of Professional Regulation, these periodic inspections ceased during the transition period. The Respondent's salon was inspected in September, 1979. It was not inspected again, however, until December, 1982. The Board endeavored to help apprise its licensees of the need to renew salon licenses by having its inspectors inform the licensees during inspections. Since the Respondent's salon was not inspected during that period, she did not receive the benefit of that advice. The Respondent's salon had been registered with the Board since 1971. She never had any reason to believe that she needed to renew her salon's registration until sometime in 1981. The Respondent's daughter was attending a cosmetology school and heard that salon licenses needed to be renewed, and passed this information on to her mother. Her mother called a representative of the Board at the Winter Haven office. Prior to the reorganization, the Board maintained its principal offices in Winter Haven. Thereafter the offices were moved to Tallahassee, but the testing function continued to be administered from the Winter Haven office. The person who the Respondent talked to at the Winter Haven office advised her that she would be receiving registration forms from Tallahassee and that she did not need to take any action until she received those forms. The Respondent attended continuing education programs during the period following the change in the registration requirement. At none of these programs was she advised of the new obligation to renew the salon license. On December 3, 1982, an inspector with the Department of Professional Regulation inspected the Respondent's salon. The inspector observed that the salon license had not been renewed. The Respondent was advised of her responsibility to obtain a current registration for the salon, and she took immediate steps to accomplish that. Her salon is now properly registered.
Findings Of Fact At all times material hereto, Katherine Zavattaro was licensed to practice cosmetology in the State of Florida, having been issued license number CL 0076721. At all times material hereto, Katherine Zavattaro was licensed to operate a cosmetology salon named Kit's Beauty Spot and located at 3169 East Atlantic Boulevard, Pompano Beach, Florida. On January 25, 1968, Linda Jones was issued Florida cosmetologist license number CL 0060025. This license was subject to a biennial renewal condition that required it to be renewed by June 30 of each even-numbered year. (See Rule 21F-18.06, F.A.C. quoted in pertinent part below). On January 26, 1984, an inspector employed by Petitioner, observed Jones performing cosmetology services during a routine cosmetology salon inspection of Kit's Beauty Spot. Jones was unable to produce a current, active Florida cosmetologist license upon demand by the inspector. The license posted at Jones' work station had expired on June 30, 1982. Jones told the inspector that she had mistakenly left her current license at home. However, a check of Petitioner's licensing records indicated that Jones had never renewed the license which expired on June 30, 1982. A further check of Petitioner's files subsequent to the hearing revealed no correspondence or other evidence which would support Jones' claim. Jones testified under oath at hearing that in May, 1982, she applied to renew her Florida cosmetologist license. She further testified that around August, 1982, when she had not yet received her renewed license, she made a telephone call to Tallahassee, and was informed that her renewal application had not been received. She testified that in October or November, 1982, she reapplied to renew her cosmetologist license and that near the end of December, 1982, she received her renewed license. Respondent Jones was unable to produce any documentary evidence to corroborate this testimony. She stated that she apparently lost the license as well as the money order receipt which would have supported her claim that she tendered the license renewal fee. Petitioner and Respondent Jones were given a further opportunity to search for evidence of license renewal or attempted renewal. However, no late-filed exhibits were submitted which would support Jones' testimony. At all times material hereto, Katherine Zavattaro was the owner of Kit's Beauty Spot. In June, 1982, she hired Linda Jones to work there as a cosmetologist while Jones' license was still active. She did not require Jones to produce a current Florida cosmetologist license thereafter, and apparently relied on Jones' claim of renewal and her own knowledge that Jones had previously been employed at other cosmetology salons. Jones continued to work for Zavattaro as a cosmetologist at Kit's Beauty Spot, and was so employed at the time of Petitioner's inspection on January 26, 1984. The conflicting evidence regarding Jones' licensure status is resolved against her. Respondent Jones' inability to produce any evidence to support her testimony that she had paid for and/or been issued a license, along, with the absence in Petitioner's public records of any evidence that such license had been applied for, paid for or issued, establish that Jones' testimony is a product of mistake or fabrication.
Recommendation Based on the foregoing, it is RECOMMENDED that Petitioner enter a Final Order fining Respondent Linda Jones $500, and issuing a reprimand to Respondent Katherine Zavattaro, DONE and ENTERED this 13th day of September, 1984, in Tallahassee, Florida. R. T. CARPENTER 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 13th day of September, 1984.
The Issue The issue presented herein is whether or not the Respondent operated a cosmetology salon without a current active salon license.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, a post- hearing memorandum, and the entire record compiled herein, I hereby make the following relevant findings of fact. Respondent, James F. Tobin, was at all times material herein licensed by the State of Florida to practice cosmetology and has been issued cosmetologist license number CL 0096393. (Petitioner's Exhibit 1) During December, 1980, Respondent purchased a cosmetologist salon then named Sisters Two which is located at 17036 W. Dixie Highway, North Miami Beach, Florida. Respondent thereafter renamed the salon "All About Hair" and at all times subsequent to December, 1980, owned and operated All About Hair as a cosmetologist salon. During July or August, 1981, Respondent submitted to the Petitioner an application for a cosmetology salon license for All About Hair enclosing therewith a check made payable to the Petitioner in the amount of $40. On August 13, 1981, Petitioner received the application and on the following day, August 14, 1981, Petitioner cashed the Respondent's $40 check. The Department did not approve the application and on August 19, 1981 returned the application to Respondent together with a cover letter stating the following three reasons: The application was not accompanied by a diagram of the salon, The lease was not in the Respondent's name, and The application failed to specify the type of dry sanitizer that Respondent was using in the salon. Upon receipt of the returned application from the Petitioner, the (Respondent) gave it to his mother for completion and for resubmittal to the Petitioner. A completed cosmetology salon license application form for All About Hair was not received by the Petitioner from Respondent until August 8, 1983. Upon receipt of the completed application, the Department issued its cosmetology salon license number CE 0035291 for All About Hair on September 10, 1983. (Petitioner's Exhibit 4) Respondent, by and through its business manager, acknowledged that it never received from the Petitioner a cosmetology salon license in the name of All About Hair prior to September 8, 1983. Although the Respondent assumed that his mother immediately re-submitted the returned application to the Petitioner, other than the finding herein that the returned application was re-submitted to Petitioner on August 8, 1983, there was no direct testimony offered in support of that assumption. On September 30, 1982, Petitioner's investigator and inspector, Dorsey Hayes, made a routine inspection of All About Hair. During the course of that inspection, inspector Hayes discovered a discrepancy between the salon named All About Hair and the license which it was operating under, Sisters Two. At no time prior to September 10, 1983, did the Respondent hold a valid current license for the cosmetology salon All About Hair.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED that the Respondent shall pay an administrative fine to the Petitioner in the amount of $250 within thirty days of the date of the Final Order herein. RECOMMENDED this 9th day of December, 1983, 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 9th day of December, 1983.
Findings Of Fact Marie J. Jeune, Respondent, owns an establishment known as Joset's Beauty Salon located at 341 N.W. 3rd Street, Pompano Beach, Florida. From January, 1984 until July, 1984 Respondent operated Joset's Beauty Salon as a cosmetology salon but at no time did she have a license from the Board of Cosmetology for the salon. During this time, she employed a licensed cosmetologist on the premises, and she testified that she did not know that the salon had to be licensed. She thought she was complying with the law by employing a licensed cosmetologist and obtaining an occupational license. In July, 1984 the licensed cosmetologist left her employment at Joset's Beauty Salon due to pregnancy. On October 9, 1984, Alexa Arachy, an inspector employed by the Department of Professional Regulation conducted an inspection of Joset's Beauty Salon. Inspector Arachy observed an unlicensed person, later identified as Respondent's sister-in- law, Ms. McPhaton Jeune, giving a shampoo to a woman in the salon. She also observed two shampoo sinks, a salon station, numerous open bottles of dyes and waving lotions, combs, brushes, towels, hair on the floor, and a trash container full of items which would normally result from the operation of a salon. At no time has either Respondent or Ms. McPhaton Jeune been licensed by the Board of Cosmetology or the Barber Board, nor has Joset's Beauty Salon ever been licensed by the Board of Cosmetology, or the Barber Board. Proposed findings of fact submitted by Petitioner pursuant to Section 120.57(1)(b)4, F.S. have been considered in making the above findings of fact. A ruling on each proposed finding of fact has been made either directly or indirectly in this Recommended Order, except where such proposed findings have been rejected as subordinate, cumulative, immaterial or unnecessary.
Recommendation Based upon the foregoing findings of fact and conclusions of law it is recommended that the Board of Cosmetology enter a Final Order imposing an administrative fine against Respondent in the amount of three hundred dollars ($300). DONE and ENTERED this 2nd day of April, 1985 at Tallahassee, Florida. DONALD D. CONN, 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 2nd day of April, 1985. COPIES FURNISHED: Theodore R. Gay, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Marie J. Jeune 341 N.W. 3rd Street Pompano Beach, Florida 33060 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
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
The Issue Whether Respondent, a cosmetology salon, permitted an unlicensed person to perform cosmetology services as alleged in the Administrative Complaint, dated April 24, 2007, and, if so, what disciplinary action should be taken against Respondent's license.
Findings Of Fact Based on the evidence and the entire record in this proceeding, the following findings of fact are found: At all times material hereto, Respondent was licensed and regulated by Petitioner, Department of Business and Professional Regulation, as a cosmetology salon owned by Immacula Evans. Respondent is a licensed cosmetology salon, license number CE9966208, whose address of record with Petitioner is 11329 North Nebraska Avenue, Tampa, Florida 33612. At all times material hereto, John R. Miranda was employed by the Petitioner as an Inspector. On or about March 8, 2006, Miranda conducted an inspection of Respondent's establishment located at 11329 North Nebraska Avenue, Tampa, Florida. Miranda observed that an unidentified male was practicing cosmetology without a license. A citation was personally issued to Respondent's owner. On or about March 17, 2006, Miranda conducted a re- inspection of Respondent's establishment. In the course of this inspection, Miranda observed that Pierre Elionze was practicing cosmetology without a license. A citation was issued to Respondent. On or about March 24, 2006, Miranda conducted another inspection of Respondent's establishment. In the course of this inspection, Miranda observed that Dwight Booquet, Christine Marc, and Moveta S. Swalters were each practicing cosmetology without a license. A citation was issued to Respondent. On or about June 7, 2006, Miranda conducted a further inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet was again practicing cosmetology without a license, and a citation was issued. On or about July 29, 2006, Miranda conducted another inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet yet again practicing cosmetology without a license, and a citation was issued. On or about August 11, 2006, Miranda conducted an inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet was again practicing cosmetology without a license, and a citation was issued. Respondent has engaged in the unlawful and repeated violations of Subsection 477.0265(1), Florida Statutes, between March 8 and August 11, 2006.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Cosmetology enter a final order revoking Respondent's cosmetology establishment license number CE 9966208, and impose an administrative fine in the amount of $5,000. DONE AND ENTERED this 11th day of September, 2007, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE 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 11th day of September, 2007.
Findings Of Fact An Administrative Complaint was filed against Licensee Nannette Harnage charging.: "That you, said NANNETTE HARNAGE on Janu- ary 13, 1977 did work on a patron without license number and without the supervision of a master cosmetologist at Nannette's Hay Balers, Middleburg, Florida." The Respondent, Nannette Harnage, said that she was guilty of working in her salon without the presence or supervision of a master cosmetologist. She stated that she now has a master cosmetologist in the salon at all times. The issue as to working on a patient without a license number was dropped.
Recommendation Issue a letter or reprimand to the Respondent, Nannette Harnage. DONE and ORDERED this 23rd day of September, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire LaFace & Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 Nannette Harnage Nannette's Hay Balers 2504 Blanding Boulevard Middleburg, Florida 32068
The Issue Whether the Respondent did practice cosmetology in her home without a valid salon license in violation of Section 477.02(1)(3), F.S. and Rule 21F-3.10, F.A.C.
Findings Of Fact Mrs. Brenda J. Lopsenzski is the holder of cosmetology license No. 0081729. Mrs. Margaret L. Boswell, Inspector for the Board of Cosmetology, entered the home of Respondent at which time Respondent was shampooing a lady's hair in her home. The home was not properly equipped as a beauty salon at the time of the inspection b Mrs. Boswell and there were no patrons in the home other than the lady upon whose hair the Respondent was working. The testimony of the Respondent which I believe to be the facts and which were not denied by the Inspector for the Board were as follows: Respondent held a junior license and in order to keep her skill and in order to do favors for a few friends, would style hair for these friends. She charged them no fee and "practiced" both for her benefit and the benefit of a few friends. The actions of Respondent as shown by the testimony and evidence are not a violation of Chapter 477, F.S. or Rule 21F-3.10, F.A.C.
Recommendation Dismiss the complaint. DONE and ORDERED this 5th day of August, 1976. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire 101 East College Avenue Tallahassee, Florida Brenda J. Lopsenzski 406 North Boyd Street Winter Garden, Florida
