Elawyers Elawyers
Ohio| Change
Find Similar Cases by Filters
You can browse Case Laws by Courts, or by your need.
Find 49 similar cases
BOARD OF COSMETOLOGY vs. PATRICIA STRANGE, 82-000223 (1982)
Division of Administrative Hearings, Florida Number: 82-000223 Latest Update: Feb. 08, 1983

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

Florida Laws (3) 477.025477.028477.029
# 1
BOARD OF COSMETOLOGY vs. BARBARA HAGAN, D/B/A HAIR FASHION WIG CRAFT, 77-001023 (1977)
Division of Administrative Hearings, Florida Number: 77-001023 Latest Update: Dec. 08, 1977

The Issue Whether the license of the Respondent should be revoked, annulled, withdrawn or suspended for operating a cosmetology salon not under the direct supervision of a master cosmetologist.

Findings Of Fact An Administrative Complaint was filed on May 31, 1977, against Barbara Hagan d/b/a Hair Fashion Wig Craft by B & B charging: "That you, said BARBARA HAGAN d/b/a Hair Fashion Wig Craft by B & B on January 11, 1977 did operate a cosmetology salon without the direct supervision of a master cosme- tologist; at Hair Fashion Wig Craft by B & B, Lakeland, Florida." The Respondent, Barbara Hagan, is a master cosmetologist who had left the beauty shop she operated to make a trip to the hospital. The cosmetologist who works in Respondent's shop and who was working at the time of the notice of violation had finished school but was not a master cosmetologist at the time of the violation. The Respondent admitted that he did not have a master cosmetologist license at the time of the violation but asserts that he now is a master cosmetologist.

Recommendation Suspend the license of the Respondent for a period of not more than thirty (30) days inasmuch as this was the second time the statute was violated. The first time no written violation notice was entered but the inspector orally warned the Respondent of the violation. DONE and ORDERED this 5th day of October, 1977 , in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Clifford L. Davis, Esquire LaFace & Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 Barbara Hagan Hair Fashion Wig Craft by B & B 1336 North Florida Avenue Lakeland, Florida 33802 ================================================================= AGENCY FINAL ORDER =================================================================

# 2
BOARD OF COSMETOLOGY vs REBECCA B. RILEY, D/B/A THE HAIR AND NAIL STUDIO, 91-006562 (1991)
Division of Administrative Hearings, Florida Filed:Vero Beach, Florida Oct. 11, 1991 Number: 91-006562 Latest Update: Mar. 18, 1992

The Issue The issue in this case is whether Respondent's licenses as a cosmetologist and cosmetology salon owner in the State of Florida, should be suspended, revoked or otherwise disciplined for the alleged violations of Chapter 477, Florida Statutes, set forth in the Administrative Complaint.

Findings Of Fact Based upon the oral and documentary evidence adduced at the final hearing and the entire record in this proceeding, the following findings of fact are made. The Respondent is a licensed cosmetologist in the State of Florida, holding license number CL 141038. From April 13, 1987 until October 31, 1990, Respondent also held a license as a cosmetology salon owner, license number CE 0044081. The salon license expired on October 31, 1990 and was not renewed for the 1990-1992 period because the check submitted for payment of the renewal fee was dishonored by the bank for insufficient funds. This case is related to a separate administrative proceeding brought against Veronica Bonani, DPR Case Number 90-4671. In that case, Ms. Bonani was found by the Florida Board of Cosmetology to have been employed by the Respondent as a cosmetologist without a Florida license from January 3, 1990 to March, 1990. After conceding the allegations in that case, Ms. Bonani was fined one hundred dollars ($100). Petitioner has suggested that the complaint against Veronica Bonani was initiated by Respondent, apparently in retribution for Ms. Bonani's terminating her employment with Respondent to take another job. At the hearing in this cause, the Respondent denied that she reported Ms. Bonani to the Department. While this dispute has little bearing on the main issues in this proceeding, the more persuasive evidence was that Respondent reported Ms. Bonani to Petitioner after Ms. Bonani left her employment. The evidence established that the Respondent employed Veronica Bonani as a cosmetologist without a Florida license from January 3, 1990 to March, 1990. Veronica Bonani began seeking licensure by endorsement in Florida sometime in the Fall of 1989. Because of some problems in obtaining the necessary documentation, she experienced delays in obtaining a license. Her formal application for licensure in Florida is dated February 6, 1990 and was filed with Petitioner on February 15, 1990. Veronica Bonani did not receive authorization to practice as a cosmetologist in Florida until April 13, 1990. However, as indicated above, Ms. Bonani began working for Respondent in early January, 1990. Prior to beginning work for Respondent, Ms. Bonani advised Respondent that she was in the process of obtaining a Florida license, but was not yet licensed to practice cosmetology in the State of Florida. Respondent encouraged her to begin work anyway. When an inspector employed by Petitioner entered the Respondent's salon on February 22, 1990, the Respondent instructed Ms. Bonani to hide. However, Ms. Bonani openly revealed her status to the inspector. The inspector indicated during his February 22, 1990 visit that there was no problem with Ms. Bonani's employment since her application was pending and approval seemed imminent. This conclusion was erroneous. Respondent contends that she believed Ms. Bonani was entitled to begin work in Florida since she was in the process of obtaining licensure. However, there was no justifiable basis for Respondent to believe it was legal to employ Ms. Bonani in January, 1990. Indeed, the evidence and circumstances in this case indicate that Respondent was well aware that Ms. Bonani should not have been practicing prior to issuance of her Florida license.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Board of Cosmetology enter a Final Order finding Respondent guilty of violating Sections 477.0265(1)(b)(2), 477.0265(1)(d), 477.029(1)(c) and 477.029(1)(h), Florida Statutes, imposing an administrative fine of three hundred dollars ($300) and allowing the Respondent to pay this amount in three (3) payments. DONE and ENTERED this 18th day of March, 1992, at Tallahassee, Florida. J. STEPHEN MENTON 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 18th day of March, 1992. APPENDIX TO RECOMMENDED ORDER Only Petitioner submitted proposed findings of fact. The following constitutes my rulings on those proposals. The Petitioner's Proposed Findings of Fact: Proposed Finding Paragraph Number in the Findings of Fact of Fact Number in the Recommended Order Where Accepted or Reason for Rejection. Subordinate to Findings of Fact 1. Subordinate to Findings of Fact 2. Subordinate to Findings of Fact 3 and 4. Subordinate to Findings of Fact 4, 5, 6 and 7. Copies furnished: Renee Alsobrook, Senior Attorney Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792 Steven Lulich P.O. Box 1390 Sebastian, Florida 32978 Jack McRay, General Counsel Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792 Kaye Howerton, Executive Director Department of Professional Regulation/Board of Cosmetology Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792

Florida Laws (4) 120.57477.0265477.028477.029
# 3
BOARD OF COSMETOLOGY vs. ALFRED DITKOGLIA, T/A AL STEPHENS, INC., 76-001053 (1976)
Division of Administrative Hearings, Florida Number: 76-001053 Latest Update: Oct. 06, 1977

The Issue Respondent's alleged violation of Section 477.02(6), Florida Statutes. Upon Motion of Petitioner, the name of the President of Respondent firm as shown in the Administrative Complaint was amended to reflect his correct name, Alfred Ditraglia.

Findings Of Fact Respondent Corporation holds Certificate of Registration Number 21624 to operate a cosmetology salon which was issued on May 8, 1975, by Petitioner. (Stipulation). On July 15, 1975, Petitioner's inspector visited Respondent's place of business and observed Carmen Victoria Jackson washing a customer's hair. On July 29, 1975, he observed her doing the same thing. She had informed him on July 15th that she had no state license. On July 29th she told him that the shampoo girl had not shown up for work and that is why she was washing a customer's hair. (Testimony of Rubin). At the hearing, the employee testified that she had not been shampooing on either occasion mentioned by Petitioner's inspector. She asserted that on July 15th a customer had merely asked her to pass a towel to her and that while she was doing so the Inspector entered the store. She claimed that on July 29th although customers were in the store, she was not working on them, but was merely taking towels to the back of the premises to wash them. (Testimony of Jackson).

Recommendation That Respondent's Certificate of Registration Number 21624 to operate a cosmetology salon be suspended for a period of 30 days under the authority of Section 477.15(8), for violation of Section 477.02(6), Florida Statutes. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Alfred Ditraglia, President Al Stephens, Inc. 425 Hollywood Mall Hollywood, Florida ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA FLORIDA STATE BOARD OF COSMETOLOGY IN RE: FLORIDA STATE BOARD OF COSMETOLOGY, Petitioner, vs. CASE NO. 76-1053 SALON LICENSE NO. 21624 ALFRED DITKOGLIA, PRESIDENT, AL STEPHENS, INC., Respondent. / FINAL AGENCY ORDER The Florida State Board of Cosmetology adopts as part of the Agency's Final Order the conclusions of law, interpretation of administrative rules and findings of fact dated July 28, 1976, a copy of which is attached hereto and incorporated herein by reference. The State Board of Cosmetology, having reviewed the recommended penalty of the hearing examiner and considering the circumstances of this case, the State Board of Cosmetology feels that the recommended penalty is appropriate and therefore adopts the recommended penalty and imposes a suspension of the salon license of the Respondent for a period of thirty (30) days. That the suspension shall be effective beginning on the first day of October, 1976, and shall terminate on October 30, 1976. That the Respondent shall deliver its license no. 21624 covered by this suspension by certified mail, return receipt requested, prior to the effective date of the suspension and the said license will be available for re-delivery to the Respondent at the State Board Administrative Office, 301 Avenue A, Southwest, Winter Haven, Florida, or will either he mailed at the option of the Respondent on the last day of the suspension period. ENTERED this 27th day of August, 1976. Violet Llaneza, Chairman Florida State Board of Cosmetology Copies Mailed To: Alfred Ditkoglia, President Al Stephens, Inc. 425 Hollywood Mall Hollywood, Florida Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida =================================================================

# 5
BOARD OF COSMETOLOGY vs MARIE JEANTRY, 92-003771 (1992)
Division of Administrative Hearings, Florida Filed:Fort Lauderdale, Florida Jun. 24, 1992 Number: 92-003771 Latest Update: Sep. 15, 1992

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 to the instant case, a State of Florida-licensed cosmetologist (license number CL 0127356) and the owner and operator of Marie's Beauty Salon, a State of Florida-licensed cosmetology salon (license number CE 0040980) located in Fort Lauderdale. Leonard Baldwin is an inspector with the Department. Baldwin has conducted various inspections of Marie's Beauty Salon. His last inspection was conducted on April 24, 1992. 2/ Nancy Victor is not now, nor has she ever been, licensed to practice cosmetology, or any specialty area thereof, in the State of Florida. Victor was hired by Respondent to work as a shampooist in Respondent's salon. Her first day of work was April 24, 1992. At around noon on that day the mother of a young customer walked into the salon to pick up her daughter. The daughter, however, was not ready to leave. She still had rollers in her hair. The mother was in a hurry. She approached Victor and asked her to remove the rollers from her daughter's hair. Victor obliged the mother and began removing the rollers. Respondent, who was working on the hair of a customer seated in the chair next to the one in which the daughter was seated, overheard the discussion between the mother and Victor. Respondent was aware that it was unlawful for a person to practice cosmetology in the State of Florida without a license. Furthermore, she knew that Victor did not have a license to practice cosmetology in this state. Nonetheless, inasmuch as she was busy with another customer and Victor did not have any shampooing that she needed to do, Respondent allowed Victor to remove the rollers from the daughter's hair. As Victor was removing the roller's from the daughter's hair, Baldwin entered the salon to conduct a routine inspection. When Respondent saw Baldwin, she instructed Victor to stop what she was doing and leave the area. Victor did what she was told and went to the rear of the salon. Respondent then went over to the daughter and finished removing the rollers from her hair.

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 finding that Respondent violated Section 477.029(1)(c), Florida Statutes, as alleged in the Administrative Complaint, and fining her $75.00 for having committed said violation. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 15th day of September, 1992. 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 15th day of September, 1992.

Florida Laws (4) 120.57477.013477.0135477.029
# 6
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs MARK SLAYDEN, 05-000994PL (2005)
Division of Administrative Hearings, Florida Filed:Lauderdale Lakes, Florida Mar. 17, 2005 Number: 05-000994PL Latest Update: Oct. 31, 2005

The Issue This is a case in which the Petitioner seeks to impose an administrative fine against the Respondent by reason of statutory violations described in an Administrative Complaint which are alleged to have taken place in the course of the operations of the Respondent's cosmetology salon.

Findings Of Fact At all times material to this case, the Respondent has been licensed as a Cosmetologist, having been issued license number CL205771. The Respondent's last-known business address is 2600 Hammondville Road, Pompano Beach, Florida 33069, at which location he operates a Cosmetology Salon named Cut Creation. At all times material to this case, Cut Creation has been licensed as a Cosmetology Salon, having been issued license number CE53077. On February 5, 2004, the Respondent's business premises were inspected by Norma Fishner, an Investigative Specialist employed by the Department of Business and Professional Regulation. During the course of her inspection on February 5, 2004, Norma Fishner observed Christopher Mason cutting a customer's hair on the premises of Cut Creation. On that date Christopher Mason was not licensed as a Cosmetologist in the State of Florida. On February 5, 2005, Norma Fishner also observed an unidentified male cutting a customer's hair on the premises of Cut Creation. This unidentified male ran out the front door before he could be questioned or identified by Norma Fishner. Norma Fishner questioned the Respondent about the unidentified male who ran out the door and asked the Respondent to provide identifying information about that person. The Respondent refused to provide any information about that person. It was clear that the Respondent knew the identity of the unidentified male who ran out the door and that the Respondent knew that the unidentified male did not have a Cosmetologist license.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered in this case concluding that the Respondent is guilty of the violations alleged in the Administrative Complaint and imposing an administrative fine in the total amount of one thousand dollars ($1,000.00). DONE AND ENTERED this 27th day of July, 2005, in Tallahassee, Leon County, Florida. S MICHAEL M. PARRISH 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 27th day of July, 2005.

Florida Laws (5) 120.569120.57477.013477.028477.029
# 7
BOARD OF COSMETOLOGY vs BRENDA CUNNINGHAM, D/B/A B. J. BEAUTY IMAGES, 92-002691 (1992)
Division of Administrative Hearings, Florida Filed:Fort Lauderdale, Florida May 01, 1992 Number: 92-002691 Latest Update: Jul. 22, 1992

Findings Of Fact Based upon the oral and documentary evidence adduced at the final hearing and the entire record in this proceeding, the following findings of fact are made: The Respondent is a licensed cosmetologist in the State of Florida, holding license number CE 0043033. Respondent has been continuously licensed since October, 1976. Since May of 1990, Respondent has also held a license as a cosmetology salon owner, license number 0052274, for a salon called B.J. Beauty Images located at 1556 NE 4th Ave. in Fort Lauderdale, Florida. The salon license is scheduled to expire on October 31, 1992. Respondent began operating a salon at 1556 NE 4th Ave. in approximately March of 1990. She was previously operating a duly licensed salon at another location. At the time she moved to the 1556 NE 4th Ave. location, Respondent did not apply for a new salon license. During an inspection in March of 1990, an investigator for Petitioner informed Respondent that she needed to obtain a license for the new location. Petitioner's investigator advised Respondent that she needed to obtain a new license any time she moved her salon. No administrative action was taken against Respondent as a result of operating an unlicensed salon in March of 1990. During a follow up visit in May of 1990, Petitioner's investigator confirmed that Respondent had obtained the necessary salon license. In January of 1992, Petitioner's investigator observed that Respondent's salon had apparently moved to 1546 NE 4th Ave. Respondent's salon is generally open from 5:00 p.m. to 8:00 p.m. on Tuesday through Friday and 10:00 a.m. to 7:00 p.m. on Saturday. Petitioner's investigator was in the neighborhood of Respondent's salon on Friday, January 3 at approximately 2:30 p.m. While the salon was generally not open for business during these hours, Respondent was present at the salon located at 1546 and there was a woman under the hair dryer. In addition, Petitioner's investigator observed that the sign for Respondent's salon had moved from 1556 NE 4th Ave. to 1546 NE 4th Ave. Upon investigation, Petitioner's investigator determined that Respondent had not obtained a license for the 1546 NE 4th Ave. location. The evidence was sufficient to establish that Respondent was operating a salon at 1546 NE 4th Ave. from November of 1991 until May of 1992 without a proper license. Respondent contends that she sent in an application for a license for the 1546 NE 4th Ave. location in December of 1991, but had not received her new license at the time of the inspection in January of 1992. Respondent did not present copies of any correspondence or checks written with respect to the alleged December 1991 application. At the time of the January 1992 inspection, Respondent did not advise Petitioner's inspector that she had submitted an application. Petitioner has no record of an application for a license for the 1556 NE 4th Ave. location until May of 1992. A salon license for this location was issued by Petitioner on May 27, 1992. The evidence was insufficient to establish that Respondent submitted an application in December of 1991 which was lost by Petitioner.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Board of Cosmetology enter a Final Order finding Respondent guilty of violating Sections 477.029(1)(b), Florida Statutes imposing an administrative fine of two hundred dollars ($200) and allowing the Respondent to pay this amount in two (2) payments. DONE and ENTERED this 22nd day of July, 1992, at Tallahassee, Florida. J. STEPHEN MENTON 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 22nd day of July, 1992. Copies furnished: Charles F. Tunnicliff, Bureau Chief Department of Professional Regulation 1940 North Monroe Street Northwood Centre, Suite 60 Tallahassee, Florida 32399-0792 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Northwood Centre, Suite 60 Tallahassee, Florida 32399-0792 Ms. Kaye Howerton, Executive Director Department of Professional Regulation/Board of Cosmetology 1940 North Monroe Street Northwood Centre, Suite 60 Tallahassee, Florida 32399-0792 Brenda Cunningham 1546 NE 4th Ave. Fort Lauderdale, Florida 33305

Florida Laws (3) 120.57477.0265477.029
# 8
BOARD OF COSMETOLOGY vs. DOROTHY CANFIELD, D/B/A AMERICAN BEAUTY SALON, 77-001009 (1977)
Division of Administrative Hearings, Florida Number: 77-001009 Latest Update: Nov. 07, 1977

The Issue Whether the license of Respondent should be revoked, annulled, withdrawn or suspended for permitting an unlicensed person to practice cosmetology in the American Beauty Salon owned by Respondent, Dorothy Canfield.

Findings Of Fact An Administrative Complaint was issued on May 31, 1977 against Dorothy Canfield, d/b/a American Beauty Salon charging: That you, said DOROTHY CANFIELD on June 18, 1976 did allow a non-licensed person to practice Cosmetology in your salon; at American Beauty Salon, Atlantic Beach, Florida." Dorothy Canfield, the Respondent and owner of the American Beauty Salon, had intended to take a day off work but was called to return to her shop. When she arrived her receptionist, an unlicensed person, had been practicing cosmetology in the salon. Respondent immediately instructed the receptionist to discontinue work permitted to be done only by licensed cosmetologist and to return to her work as receptionist. When the Petitioner Board made an inspection on June 18, 1976 after receiving reports that an unlicensed person was practicing cosmetology in the salon operated by Respondent, the receptionist, Mrs. Carol Nixon, admitted that she had, in the absence of Respondent, Canfield, and without her knowledge engaged in activities for which she was not licensed to perform. The Hearing Officer finds that the activities of the unlicensed person practicing cosmetology in the salon of Respondent, in her absence were without her knowledge and when she became aware of the violation immediately caused the person to cease working.

Recommendation Dismiss Complaint. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 25th day of August, 1977. 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 LaFace & Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 John H. P. Helms, Esquire 1602 North Third Street Jacksonville, Florida 32250

Florida Laws (1) 775.082
# 9
BOARD OF COSMETOLOGY vs. CHARLES R. GANNON, D/B/A MISTER ANDREW COIFFUR, 76-001059 (1976)
Division of Administrative Hearings, Florida Number: 76-001059 Latest Update: Oct. 06, 1977

The Issue Respondent's alleged violations of Sections 477.15(8), 477.231(c) & (2), Florida Statutes, Rules 21F-3.01 & 21F-3.10, Florida Administrative Code. Respondent was furnished notice of hearing and acknowledged receipt of said notice and the administrative complaint. (Exhibit 2)

Findings Of Fact Respondent holds a certificate as a master cosmetologist 0048790 issued by Petitioner on an unspecified date. He also holds a certificate of registration to operate a cosmetology salon license #22903 issued by Petitioner on February 2, 1976. The salon is called Mister Andrew Coiffure, and is located at 1259 East Los Olas Boulevard, Fort Lauderdale, Florida. On January 28, 1976, Petitioner's inspector visited Respondent's place of business, but Respondent was absent. The inspector had visited the shop on previous occasions at which time the Respondent had told him he was in the process of buying the salon, and the inspector had left an application for a state certificate of registration for a cosmetology salon. The inspector noticed there was no sign near the front door indicating that the premises were occupied by beauty or cosmetology salon. There was a card in the window which read "Mister Andrew Coiffure" (Testimony of Rubin). Respondent submitted a letter on his behalf dated June 9, 1976, which stated that he had not owned the salon at the time Petitioner's inspector had provided him with application forms for a state license. He claimed that he had had a card attached to the sign in his window which read "Beauty Salon" on January 28, 1976, but that since the inspector had not been satisfied with the card he has since changed the sign and put up 1 inch decal letters on the door spelling "Beauty Salon" (Exhibit 1). Respondent's application for a salon certificate was executed on January 29, 1976 and received by Petitioner on February 2, 1976.

Recommendation That the allegations against the 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 (904) 488-8675 COPIES FURNISHED: Ronald C. LaFace, Esquire P. O. Box 1752 Tallahassee, Florida Charles R. Gannon c/o Mister Andrew Coiffure 1259 East Las Olas Boulevard Ft. Lauderdale, Florida

# 10

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer