Findings Of Fact Respondent was issued barber license number BB-0012083 on June 26, 1959, and has been continuously licensed as a barber since that time. No previous disciplinary action has been initiated or taken against Respondent's license. Barber shop license number BS-0008388 was issued to Respondent on October 10, 1984, but expired on October 1, 1986. A late renewal was issued for Respondent's barber shop license on February 1, 1988, and he currently has a valid barber shop license. Respondent does not dispute that he operated his barber shop at 1010 Grace Street, Tampa, Florida, between October 1, 1986 and February 1, 1988 while shop license BS-0008388 was expired. He was specifically observed by Petitioner's investigator to be operating said shop without a current valid license on January 23, 1988. It is the position of Respondent that he sent the renewal fee for his license, but it was either lost in the mail or incorrectly applied to someone else's license. However, no proof was offered by Respondent to support his claim. He testified that he sent his renewal fee by October, 1986, but the check stub he introduced shows a date of June 11, 1987. Additionally, he offered no explanation of the discrepancy in his testimony that he never received any notice to renew from Petitioner prior to October, 1986, and his contention that he mailed the renewal fee in a timely manner. Based upon a review of the evidence, including the witnesses' demeanor, it is found that Respondent failed to apply for renewal of his barber shop license and operated his barber shop without a current valid license from October, 1986 to February, 1988.
Recommendation Based upon the foregoing, it is recommended that Petitioner impose a $50.00 administrative fine against Respondent for operating a barber shop without a current valid license. DONE AND ENTERED this 7th day of July, 1988, in Tallahassee, Florida. DONALD D. CONN 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 7th day of July, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-1795 Rulings on Petitioner's Proposed Findings of Fact: Adopted in Finding of Fact 1. Adopted in Finding of Fact 2. Adopted in Finding of Fact 2. Adopted in Finding of Fact 3. Adopted in Finding of Fact 3. COPIES FURNISHED: Ronald Jones, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Willie Mitchell, Jr. 1010 Grace Street Tampa, Florida 33607 Myrtle Aace, Executive Director Barbers Board Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 William O'Neil General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
Findings Of Fact Paula Joan Thigpen, known also as Paula Thigpen, is licensed by the State of Florida, Barbers' Board, to practice as a barber in the State of Florida. Her license number is BB 0025059. Respondent had been married to one William Mann on two occasions, ending in divorce. In addition, Respondent had worked as a barber in a barbershop owned by her former husband. That shop is located at 465 Kingsley Boulevard, Orange Park, Florida. This arrangement allowed her to act as a manager in fact related to the financial aspects of that barbershop, during Mann's absence. In the summer of 1983, a discussion was entered into between the Respondent and her former husband on the topic of opening a barbershop in Middleburg, Florida. It was contemplated that Mann would own the shop and that the shop would be managed by the Respondent. Should the Respondent leave the community due to the duties of her present husband who was serving in the United States Navy, Respondent and Mann understood that the Respondent would be reimbursed for the money she invested in the shop in Middleburg. It was discussed that the Respondent would be guaranteed a salary at the beginning of the shop operation in Middleburg. Finally, it was discussed that should Mann wish to dispose of his ownership of the Middleburg barbershop, Respondent would pay him for his interest in the shop and become the owner. Both Mann and the Respondent spent money in trying to establish the barbershop in Middleburg, to include equipment, supplies, advertising and other related costs. Respondent also devoted labor to establishing the shop in Middleburg. To this end, space was leased in a building in early September, 1983, with Respondent representing herself to the lessor as a partner with Mann. On September 16, 1993, Mann traveled to Tallahassee and obtained a barbershop license for the Middleburg operation, No. BS 0007886. He listed himself as the owner of the shop and paid a $25 licensing fee. The barbershop license came into the hands of the Respondent following its issuance. This occurred sometime between September 16, 1983, and September 21, 1983. The barbershop in Middleburg opened on September 19, 1983, a week earlier than had been anticipated by Mann. On that same date he contacted the Respondent and indicated that he did not wish to pursue the business venture of opening the barbershop. He stated on that occasion that he felt that it would cost too much money and the he was not in a position to guarantee the salary for the Respondent and another person who would be working in the shop. Mann offered to have the Respondent return to his business in Orange Park, Florida. Respondent declined this opportunity. Discussion was then entered into on the possibility of the Respondent buying out Mann's ownership interest. Mann did not accept that disposition. He simply stated that he wanted the shop closed. There was a further conversation on September 20, 1983, in which Mann indicated his willingness to sell the shop based upon the amount of money he had invested in the equipment and supplies and a fee which he thought he was entitled to based upon the aggravation caused by the venture. On September 21, 1983, Mann appeared at the barbershop in Middleburg and told the Respondent that he no longer wished to sell his ownership of the shop. He told her that he wished to have the shop closed and wanted the license which had been issued for the barbershop. Respondent told him that she did not know where the license was. In fact, she had it at her home. Following this exchange Mann sought the assistance of law enforcement and after discussion between a law enforcement officer and the Respondent and her former husband, Mann left the licensed premises in Middleburg, Florida. He departed in view of the fact that the lease was signed by the Respondent, accepting the officer's suggestion that he leave given the indicia of control which the lease seemed to place in the hands of the Respondent, in the eyes of the officer. Before the September 21, 1983, exchange, Respondent had prepared a document which would settle the transfer of ownership from Mann to her. That document was never executed. Nonetheless, Respondent was of the opinion that she was entitled to the ownership interest in the barbershop and she traveled to Tallahassee, Florida, on that date and sought and obtained a barbershop license for the Middleburg, Florida shop for which an initial license had been issued to Mann. The license issued to Respondent for that barbershop was BS 00078887. In the application for that license she indicated that she was the sole owner of the shop and the equipment in the shop. This request for transfer was not authorized by Mann, the shop license holder. Following the issuance of the barbershop license for the same barbershop in Middleburg, Florida, as had been licensed for the benefit of Mann, her former husband offered to sell her his interest in the shop. This offer was made in January, 1984. The offer was only open for a couple of days and the parties were unable to come to an agreement on the purchase. That sale has yet to occur. Under the circumstances of this case, as shown in the course of the hearing, Mann has remained the owner of the barbershop licensed for the Middleburg, Florida operation. This is a fact understood by the Respondent. Although there have been occasions in which Mann seemed willing to sell his ownership and associated license, that purchase was never consummated.
Recommendation Upon the consideration of the facts found and the conclusions of law reached, it is RECOMMENDED that a Final Order be entered which revokes the barbershop registration No. BS 00078887 issued in the name of Paula Thigpen, imposes a civil penalty in the amount of $500 pursuant to Section 476.204, Florida Statutes, and declines the imposition of further penalties as might be allowed by Section 476.214(1), Florida Statutes, and Section 455.227(1), Florida Statutes. DONE AND ENTERED this 10th day of October 1984 in Tallahassee, Florida. CHARLES C. ADAMS 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 10th day of October 1984. COPIES FURNISHED: Theodore R. Gay, Esquire Staff Attorney Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 L. J. Arnold, III, Esquire Post Office Drawer "D" Green Cove Springs, Florida 32043 Myrtle Aase, Executive Director Barber's Board 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
The Issue Whether disciplinary action should be taken against Respondent’s barbershop license, based on violations of s. 476.194(1)(c), Florida Statutes, as alleged in the Administrative Complaint.
Findings Of Fact Respondent is and has been at all times material hereto, a licensed cosmetologist in the State of Florida, having been issued license number CL-0135324. Respondent is and has been at all times material hereto, the owner and operator of a barbershop which operates under the name Olga’s Beauty and Barber Shop. It has been issued license number BS-0009349 and is located in Ft. Pierce, Florida. Leonard Baldwin is an inspector for the Department of Business and Professional Regulation. As part of his statutory duties, he conducts routine inspections of barbershops. As part of his statutory duties, he conducted a routine inspection of Olga’s Beauty and Barber Shop on April 20, 1996. During the course of that inspection, Olga’s Beauty and Barber Shop was open for the business of performing barbering services to members of the public. The time of inspection was approximately 11:30 a.m. He observed an elderly man getting out of the barber’s chair with a fresh haircut. The customer paid Respondent for the service. The person behind the chair was given a tip. He also observed a man, subsequently identified as Javon Stewart, Respondent’s husband, standing behind the chair and placing the clippers in a drawer. The clippers were later determined to be warm. Javon Steward is not licensed to cut hair in Florida. During the course of the inspection, Mr. Baldwin prepared and presented a “Cease and Desist Agreement” to Javon Stewart. Javon Stewart signed the Cease and Desist Agreement and agreed not to engage in the practice of barbering until and unless he was licensed. On May 23, 1996, a reinspection was conducted. During the course of that inspection, Baldwin observed a customer seated in a barber chair inside the barbershop. He saw Javon Stewart with a pair of clippers in his hand standing directly behind the seated customer using the clippers on the customer’s neck. He observed the person “finishing up his customer, cleaning off the bottom of his neck.” The phrase “cleaning off the bottom of a neck” is a barbering term that refers to a person using a set of hair clippers to cut or trim a person’s hair from the back hairline to below the collar line. In this instance, “cleaning off” actually means “cutting or trimming” the hair. During the course of the second inspection, Baldwin observed the customer getting out of the chair, paying the Respondent for the haircut and giving Stewart a tip. Javon Stewart then put the clippers into a drawer. Baldwin immediately walked over to the drawer where the hair clippers were placed and picked them up. The clippers were warm, having just been used.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Respondent be found guilty of violating Section 476.194(1)(c), Florida Statutes, by employing an unlicensed individual to engage in barbering services. It is further recommended that the Respondent be fined $500.00 (five hundred dollars) and issued a Cease and Desist Order. RECOMMENDED this 8th day of September, 1997, at Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 8th day of September, 1997. COPIES FURNISHED: James E. Manning, Esquire Department of Business and Professional Regulation Board of Barbers 1940 North Monroe Street Tallahassee, Florida 32399-0792 Ms. Olga Gibb Olga’s Beauty & Barber Shop 1236 Avenue D Fort Pierce, Florida 34950 Lynda L. Goodgame General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Joe Baker Executive Director Board of Barbers Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Respondent, Rosanne M. Gonzales (Rosanne), is the holder of License Number BS 0007763 issued by petitioner, Department of Professional Regulation, Florida Barbers' Board. She operates a barbershop under the trade name "Tamarac Barber Shop" at 7403 Northwest 57th Street, Tamarac, Florida. Respondent, Geronimo Navarro Gonzales (Geronimo), is the husband of Rosanne, and practices barbering at the Tamarac Barber Shop. Responding to a complaint filed by a former employee of Tamarac Barber Shop, an investigator visited that shop on November 27, 1984. The investigator found Geronimo cutting a customer's hair. When asked to produce his license, Geronimo handed the investigator a license reflecting the name "Juan Navarro" and License Number BB 0020347. The license also contained Geronimo and Rosanne's current home address in Plantation, Florida. When asked why the name on the license did not match his own name, Geronimo replied that he had been using the name "Juan Navarro" on the license to avoid detection by his former wife. The photograph on the license did not appear to be Geronimo, but Rosanne initially claimed Geronimo had been very ill and had lost a great deal of weight. Geronimo later explained that he had taken the barber examination in 1970 under the assumed name of Juan Navarro and had held the license for some fifteen years in that name. However, Geronimo acknowledged he had never had his name legally changed to Juan Navarro. An examination of agency records in Tallahassee revealed that a Juan Navarro was indeed issued barber license number BB 0020347 in June, 1970. According to the application, that individual was born in Cuba on September 9, 1936. When Geronimo produced a birth certificate and driver's license reflecting he was born on June 11, 1937 in Puerto Rico, it prompted further investigation by the Board, and resulted in the issuance of these complaints. According to Geronimo, he has been a barber for some thirty years. He originally barbered in New York State where he had a license, and then moved to Florida approximately fifteen or more years ago. At that time, he had just divorced his former wife, and was attempting to evade her detection. Because of this, he applied for licensure with the Barbers' Board using the name "Juan Navarro." He stated he took the barbers' practical and written examination (in Spanish) in April, 1970 in Jacksonville under this assumed name and received a passing grade. His visit to Jacksonville was corroborated by a friend who accompanied him to the test. He also claimed the Board mailed him a license in June, 1970, and that he has been paying the license renewal fees since that time. Although during the investigative stage the Gonzales denied sending the Board a letter advising that Juan Navarro now resided at the same address in Plantation as did the Gonzales, Rosanne acknowledged at final hearing that she had done so on behalf of her husband. The Board's official records show that only one Juan Navarro has ever been issued a license, and it is the one in the possession of Geronimo. When Geronimo reviewed the records at final hearing, he stated the person in the photograph attached to Juan Navarro's original application was not he and the signature on the application was not his own. Geronimo also stated that the copy of the New York license contained in his records was his old license from New York State, but that the man in the photograph attached thereto was a different person. Board investigators have never learned the identity or whereabouts of the man whose picture is on license number BB 0020347, or the Juan Navarro who prepared the original application for licensure. Rosanne testified her husband presented a license before he began barbering in her shop in May, 1983, and she relied upon this as a condition to hiring him. She indicated he is an indispensable asset to her business, and expressed a desire that he be allowed to continue in the barbering profession.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that both respondents be found guilty as charged in the administrative complaints, that Tamarac Barber Shop be given a public reprimand, and that Geronimo Navarro Gonzales be assessed a $500.00 civil penalty. DONE and ORDERED this 19th day of November, 1985, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, FL 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of November, 1985. COPIES FURNISHED: Theodore R. Gay, Esq. Suite 4310, Southeast Financial Center 200 S. Biscayne Blvd. Miami, FL 33131-2355 Stephen R. Jacob, Esq. 800 N.W. Cypress Creek Rd., Suite 502C Ft. Lauderdale, FL 33309
Findings Of Fact Antonio Castellano has been a master barber for more than 30 years and has been continuously licensed as a barber in Florida since 1970 (Exhibit 1). The International Inn Barber Shop is located on the ground floor of the International Inn at 3705 Henderson Boulevard, Tampa, Florida, which is owned by William A. Watson. There are three barber chairs in this shop, and all fixtures in the barber shop are owned by Watson. The barber shop has been licensed by Watson since 1982. The last license issued to Watson for this shop was issued December 4, 1986 to expire September 30, 1988 (Exhibit 3). Since 1982, Watson has hired barbers to operate the shop on commission. However, this has not proved satisfactory, and Watson concluded to lease the shop and have the lessee responsible for the various licenses required. In carrying out this plan, a LEASE (Exhibit 5) was entered into between Watson and Respondent on July 31, 1987, which provided Castellano would be totally responsible for the operation of this shop and would obtain the necessary city and state licenses required. The lease commenced August 1, 1987. This barber shop was inspected on or about November 18, 1987, by Judy Denchfield, an inspector from the Department of Professional Regulation. When told by Respondent that he was the lessor, Denchfield, without looking at the lease and aware that the shop license issued to Watson was posted in the shop and had not expired, assumed Respondent was the owner of the shop for licensing purposes and cited Respondent for violating Sections 476.204(1)(b) and 476.194(1)(e)1, Florida Statutes. These proceedings duly followed.
Findings Of Fact At all times relevant hereto, respondent, James Franklin, operated the Atlantic Barber Shop at 641 West Atlantic Avenue, Delray Beach, Florida. Franklin has been issued barber license number BB 0017130 by petitioner, Department of Professional Regulation, Florida Barbers' Board. The Atlantic Barber shop is the holder of barbershop license number BB 0005644 also issued by petitioner. Both licenses were renewed by respondent and are valid through September 30, 1988. Petitioner is required to conduct inspections of barbershops to ensure that such barbershops are in compliance with state law and agency rules. According to Rule 21C-19.015, Florida Administrative Code, an inspection shall be conducted annually on a random unannounced basis. In order to perform an inspection, access to the premises of a licensee is obviously necessary. Respondent's barbershop was last inspected by petitioner on May 24, 1984. Accordingly, an agency inspector (J. Oben) visited respondent's shop on March 11, 1986, for the purpose of conducting a routine annual inspection. Oben made two trips to the shop that day but found it closed each time. She left a business card at the door, and also told the proprietor of a shoe shop next door to have Franklin contact her. Oben returned to respondent's shop on March 12 and 18, 1986, but found the shop closed. Again she left her business card with instructions for Franklin to contact her. After Franklin failed to contact Oben, Oben sent to Franklin, by certified mail, letters on March 21, April 28 and May 12, 1986. Franklin signed for two letters but would not claim the final letter. The letters pointed out Oben's futile efforts to inspect the barbershop, and asked that Franklin promptly contact her. Franklin never responded. The issuance of an administrative complaint followed.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the administrative complaint herein be DISMISSED with prejudice. DONE AND ENTERED this 9th day of December, 1986, at Tallahassee, Florida. DONALD R. ALEXANDER 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 9th day of December, 1986. APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-3719 Petitioner: Covered in finding of fact 1. Covered in finding of fact 1. Covered in finding of fact 1. Covered in finding of fact 2. Covered in finding of fact 2. Covered in finding of fact 2. Covered in findings of fact 3 & 4. Covered in findings of fact 3 & 4. Covered in findings of fact 3 & 4. Covered in findings of fact 3 & 4. Covered in findings of fact 3 & 4. Covered in finding of fact 5. Covered in finding of fact 5. Covered in finding of fact 5. Covered in finding of fact 5. Covered in finding of fact 3. Covered in finding of fact 3. Rejected as being unnecessary. Rejected as being unnecessary. Rejected as being unnecessary. Covered in finding of fact 1. Covered in finding of fact 1. COPIES FURNISHED: Lisa M. Bassett, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. James Franklin Atlantic Barbershop 641 West Atlantic Avenue Delray Beach, Florida 33444 Myrtle Aase, Executive Director Florida Barbers' Board 130 North Monroe Street Tallahassee, Florida 32301 Mr. Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Wings Slocum Benton, General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Should the Petitioner be licensed in Florida as a barber as a result of the examination for licensure given in December of 1987?
Findings Of Fact The Petitioner took the examination for licensure as a barber in December of 1987. Although she achieved a passing score on the written portion of the examination, she did not obtain a passing score on the practical portion of the examination. The practical portion of the examination is divided into five parts. The Petitioner challenges the grade she received in the scoring of the haircut. The maximum number of points a licensure candidate can receive on a haircut is 45 points. A review of Respondent's Exhibit B shows that the Petitioner received 18 points for her performance on Sections 2-k, 2-o, and 2-p of the exam. She does not contest the examiners' ratings on Sections 2-j and 2- m. She is concerned only with the scores she received on Sections 2-l and 2-n. When the Petitioner took the examination, John E. Lewis was the model she used to demonstrate her ability to give a "styled" haircut. During the hearing, John E. Lewis explained the following characteristics of his head and scalp line: Mr. Lewis' ears are not symmetrically located. One ear is placed significantly higher on his head than his other ear, which gives them different heights in relation to his facial features. In addition, the hair on the left side of his head grows much thicker than the hair on the right side of his head. As a result of these characteristics, an optical illusion is created which makes hair of identical length on both sides of the head appear to be longer on the left side. During the barber examination, two examiners checked the style line of the haircut under Section 2-l. On the criteria rating sheets, they commented that the left side of the style line appeared longer. In rating the hair on each side as to evenness and balance (Section 2-n), the examiners each noted that the left side was either longer or fuller. Because of these evaluations, the Petitioner did not receive any points in categories 2-i or 2-n in the examination. Cathy Maynard Frank, a Florida licensed barber who was awarded a silver medal in the 1986 World Championship of Barbers and who has placed second nationally, testified as an expert witness on behalf of the Petitioner. Ms. Frank had an opportunity to observe and professionally review the haircut a few hours after the examination. In her opinion, the hair on both sides (under Section 2-n) was as close as a barber could get them. If the Petitioner had cut the left side shorter to avoid the optical illusion of unevenness, the thicker hair on the left side would have stuck straight out. Ms. Frank generally agreed with the examiners' evaluations in the other categories which contributed to her credibility as an expert witness. Ronald Max Young testified as an expert witness on behalf of the Respondent. Mr. Young is a barber who has been licensed in Florida since 1972. He is a lead examiner for the state and has participated in the examination process for the last five years. Mr. Young testified that the examination contains the standard criteria necessary to meet the minimum requirements for licensing. The examiners look for an even haircut, evenly balanced all the way around. If a model is not fitting, that is the candidate's problem, not the examiners' problem. Mr. Young did not have an opportunity to examine the haircut given by the Petitioner during the practical examination. He was unable to comment on the specifics which had been commented upon by Ms. Frank. However, he did vouch for the qualifications and abilities of the two examiners who independently rated the Petitioner's performance.
Findings Of Fact Based upon my observation of the Petitioner's witness and his demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact: During times material herein, Respondent was a licensed barber and the holder of license number BB 0006222. (Petitioner's Exhibits 1 and 2) During November of 1982, Petitioner's inspector, Steven Granowitz, made a routine inspection of barbershops with delinquent licenses. During the course of these routine inspections, Inspector Granowitz inspected the Broadway Barbershop which was being operated by the Respondent, Mary E. Smith. During the course of his inspection, Inspector Granowitz identified himself and asked to inspect the Respondent's current-active barber's license. Initially, Respondent related to Inspector Granowitz that her license had either been stolen or misplaced and that she could not keep track of the license. During the course of Inspector Granowitz's inspection, there were approximately four customers present and Inspector Granowitz's observation led him to believe that the Respondent had been continuously operating the barbershop without a license. It is so found. An examination of the documentary evidence introduced reveals that during 1979 Florida barbershop license number BS 0005766 was issued to the Respondent to operate the Broadway Barbershop located at 1133 NW 3rd Avenue, Miami, Florida. (Petitioner's Exhibit 3) The Respondent did not timely renew Florida barbershop license number BS 0005766. (See Petitioner's Exhibit 4) Following the inspection during November 30, 1982, by Inspector Granowitz, Respondent applied for a new barbershop license for the Broadway Barbershop and on December 13, 1982, Florida barbershop license number BA 0005766 was issued to the Respondent for the Broadway Barbershop. (Testimony of Granowitz and Petitioner's Exhibits 5, 6 and 7).
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED that the Barbers' Board impose an administrative fine of $500.00 on Respondent. DONE AND ENTERED this 8th day of February 1984 in Tallahassee, Florida. JAMES E. BRADWELL 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 8th day of February 1984.
The Issue The issues for determination are whether Respondent violated Section 476.194(1)(c), Florida Statutes (1995), 1/ by hiring an unlicensed person to practice barbering and, if so, what, if any, penalty should be imposed.
Findings Of Fact Petitioner is the governmental agency responsible for issuing licenses to barbers. Petitioner is also responsible for regulating the practice of barbering on behalf of the state. Respondent is licensed as a barber. Respondent holds license number BS 0008619. On or before October 15, 1994, Respondent hired Mr. Eric A. McClenton to practice barbering in Respondent's barber shop. Mr. McClenton is not licensed as a barber. 2/ Respondent hired Mr. McClenton to perform barbering services as an independent contractor. Mr. McClenton paid Respondent $75 monthly for the use of one of the barber chairs in Respondent's shop and paid for his own equipment and supplies. Mr. McClenton performed barbering services within the meaning of Section 476.034(2). Mr. McClenton cut hair for approximately four months. He cut approximately 100 heads of hair for a fee of $6 or $7 a head. Respondent knew or should have known that Mr. McClenton was not licensed as a barber. Respondent allowed Mr. McClenton to cut hair before seeing Mr. McClenton's license. When Respondent hired Mr. McClenton, Respondent asked to see Mr. McClenton's license. Mr. McClenton verbally represented that he was licensed but used various excuses over time to delay or avoid showing his license to Respondent. Mr. McClenton never displayed a license by the chair he operated in Respondent's shop. Petitioner issued separate citations to Respondent and Mr. McClenton. Petitioner issued a citation to Respondent imposing a fine of $250. Respondent did not pay the fine.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order finding Respondent guilty of violating Section 476.194(1)(c) and imposing an administrative fine of $250. RECOMMENDED this 14th day of August, 1996, in Tallahassee, Florida. DANIEL MANRY, 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 14th day of August, 1996.
