The Issue Respondents' alleged violation of Sections 477.02(4), 477.15(8) & 477.27(1), Florida Statutes.
Findings Of Fact Respondent Corporation operates the Get Your Head Together Cosmetology Salon at 687 N.E. 79 Street, Miami, Florida, under Certificate of Registration Number 15219 issued by Petitioner on February 15, 1971. On April 7, 1975, Petitioner's Inspector visited Respondent's place of business and found two cosmetologists, Sergio Ruiz Calderon and Silvia Gonzalez, engaging in the practice of cosmetology without the presence of a master cosmetologist. Calderon was drying a customer's hair with a blower and Gonzalez was providing another customer with frosting and a hair cut. (Testimony of Patrick). Respondent's President, Geno Tranchida, testified that his brother, a master cosmetologist, was due to arrive at the salon at noon on April 7, and that he therefore left for lunch about 11:45 after instructing his employees not to perform any work while he was gone. The employees disregarded these orders and when Geno Tranchida returned his brother called and informed him that he was ill. (Testimony of Geno Tranchida).
Recommendation That Respondent be issued a written reprimand for the violation of Section 477.02(4), Florida Statutes 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 Geno and Peter Tranchida c/o Get Your Head Together, Inc. 687 N.E. 79 Street Miami, Florida
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
The Issue Whether Respondent violated Section 477.15(8)(9), Florida Statutes, and Regulation 21F-301, Florida Administrative Code, by operating a cosmetology salon without a salon license.
Findings Of Fact Notice of this hearing was attempted by mail and notice was left at the proper address. The Division of Administrative Hearings has jurisdiction over the proceeding. Respondent holds a current cosmetologist license No. 18927. Respondent is or has been practicing the art of cosmetology in her home without first having secured a certificate of registration for a cosmetology salon.
The Issue Whether Respondent, Patsy Arline and Roberta Stein, doing business in a partnership allowed a non-licensed person to practice cosmetology in their beauty salon, to-wit: one Gloria Gann. Whether Respondent's License No. 19208 should be revoked.
Findings Of Fact Notice of Service was entered without objection and marked Exhibit 1. The Complaint with the license attached thereto was entered into evidence as Exhibit 2 without objection. The Respondents were duly sworn. Respondents admit that they allowed a person who was non- registered to practice cosmetology in the salon known as the Yellow Tulip which they own and operate as a partnership under License No. 19208. Respondents did not know of the serious consequences of their act.
The Issue Whether Respondent Margrea Hudson allowed a nonlicensed person to practice cosmetology in her salon d/b/a Margrea's Beauty Salon in Lakeland, Florida.
Findings Of Fact A copy of the Administrative Complaint with Election of Remedies, Salon License No.l 6766, and the receipt for certified mail were received into evidence without objection and marked Composite Exhibit 1. Respondent admitted that she was guilty of the violation charged.
Findings Of Fact Respondent pleaded nolo contendere on the election of remedies furnished by the Petitioner; however, Respondent Dannie Richardson appeared in proper person at this hearing. As the result of a normal inspection trip by the State Board of Cosmetology's beauty salon inspector Ardie Smiley Collins found the Respondent Mrs. Richardson draping a patron for service in a non licensed beauty salon. The beauty salon did not have a proper sign as required by the rules and regulations of the State Board of Cosmetology. Subsequent to the inspection noted in Findings of Fact Number 2, Respondent Richardson secured and now holds a personal license number 0051868 and also holds a salon license number 21957. The administrative complaint filed by the Board notified the Respondent that the Board seeks to revoke, annul, suspend or withdraw the personal and salon license of Dannie Richardson. However, at the hearing a representative of the Board suggested that inasmuch as the offense of Respondent was a first offense, that in the opinion of the inspector a letter of reprimand would be sufficient to satisfy the objectives of the statutes, rules and regulations of the Board.
Recommendation Dismiss the present complaint and warn Respondent that a violation of the state laws and regulations governing cosmetologists could jeopardize her personal and salon license. DONE and ORDERED this 19th day of August, 1976, in Tallahassee, Florida. 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 Dannie Richardson 319 S. Childs Street Leesburg, Florida
The Issue Whether Respondent committed the offenses described in the Administrative Complaint? If so, what penalty should be imposed?
Findings Of Fact Based upon the record evidence, the following Findings of Fact are made: Respondent is now, and has been at all times material hereto, the owner and operator of Beauty Salon Mayelin Unisex (Salon), a cosmetology salon located at 1442 Northeast 163rd Street in North Miami Beach, Florida. The Salon was first licensed by the Department on December 19, 1990. Respondent has never been licensed to practice cosmetology in the State of Florida. Her application for licensure is currently pending. Charles E. Frear is an inspector with the Department. On May 16, 1990, Frear went to 1442 Northeast 163rd Street with the intention of inspecting a licensed cosmetology salon operating under the name "Hair to Hair." When he arrived at the address, Frear noticed that the sign outside the establishment reflected that Beauty Salon Mayelin Unisex now occupied the premises. The Salon was open for business. Upon entering the Salon, Frear observed Respondent removing curlers from the hair of a customer who was seated in one of the chairs. 1/ Frear asked Respondent to show him her license to practice cosmetology in the State of Florida. Respondent responded that she did not have such a license yet, but that she was scheduled to take the cosmetology licensure examination later that month. After learning from Respondent that she was the owner of the Salon, Frear asked to see the Salon's license. Respondent thereupon advised Frear that the Salon had not been licensed by the Department. Although she told Frear otherwise, Respondent was aware at the time that a Department-issued cosmetology salon license was required to operate the Salon. Frear gave Respondent an application form to fill out to obtain such a salon license. Respondent subsequently filled out the application form and submitted the completed form to the Department. Thereafter, she received License No. CE 0053509 from the Department to operate the Salon.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the Board of Cosmetology enter a final order (1) finding that Respondent committed the violations of law alleged in the instant Administrative Complaint; and (2) imposing upon Respondent an administrative fine in the amount of $1,000 for having committed these violations. RECOMMENDED in Tallahassee, Leon County, Florida, this 24th day of April, 1991. STUART M. LERNER 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 April, 1991.
Findings Of Fact On February 2, 1989, an inspector from the Department of Professional Regulation visited the Main Street Salon in Tampa and observed Patricia Shields, Respondent, alone in the salon practicing cosmetology. When he asked to see her license, Respondent presented the application for licensure which she had previously submitted to the Petitioner on September 2, 1988, and which was stamped received September 6, 1988. This application was returned to Respondent with notation that she had to get a confirmation from the state officials in Massachusetts that she held a valid cosmetology license in Massachusetts. After two attempts, Respondent received confirmation from Massachusetts that she held a valid cosmetology license in that state, and after November 15, 1988, Respondent submitted this information to the Department. This completed her application, including prescribed fees. Subsequent to November 15, 1988, Respondent inquired of a local cosmetology school if she could work as a cosmetologist after submitting a completed application, but before receiving a Florida license, and was told that she could. She was told that graduates from the beauty school could lawfully work as cosmetologists after graduating and applying for license, but before receiving a valid Florida license. Since Respondent had more training (1000 hours) than did graduates from this cosmetology school and had actually practiced cosmetology since 1984, she did not deem it necessary to contact Petitioner to confirm her qualifications to work as a cosmetologist--and did not do so. On February 3, 1989, license CL-0160553 was issued and mailed to Respondent licensing her to work as a cosmetologist in Florida (Exhibit 1). She received this license February 6, 1989, four days after the inspector had visited the Main Street Salon. At the time of the inspector's visit, February 2, 1989, Respondent, at the instigation of the investigator, signed a Cease and Desist Agreement in which she agreed to cease and desist from any future violations of Chapters 455 and 477, Florida Statutes (Exhibit 3). No evidence was presented that Respondent violated the Cease and Desist Agreement. Respondent frankly admitted that she had worked as a cosmetologist some five or six weeks before February 2, 1989, under the misapprehension that she could legally do so. Her primary objection here is to Petitioner's insistence that she pay a $500 penalty to retain her license.
Recommendation It is recommended that Patricia Shields be found guilty of practicing cosmetology without a valid license and that she be issued a written admonition. ENTERED this 30th day of October, 1989, in Tallahassee, Florida. K. N. AYERS 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 30th day of October, 1989. COPIES FURNISHED: Jack L. McRay, Esquire Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 Patricia Shields 5607 21st Street Tampa, Florida 33610 Myrtle Aase Executive Director Board of Cosmetology Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 Kenneth D. Easley General Counsel Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 =================================================================
