The Issue Whether Respondents operated their cosmetology salon in violation of the rule then in effect in which each cosmetology salon owner or manager should send to the Board every five (5) years a certificate from a licensed electrician showing that the electrical equipment in said salon is in safe operating condition. Regulation 21F-3.02, of the rules and regulations of the State Board of Cosmetology. Whether Respondents' license should be revoked, annulled, withdrawn or suspended.
Findings Of Fact The witness and Respondents were duly sworn. The Notice of Service and Complaint were entered without objection and marked Exhibit 1. The Election of Remedies and Electrical Certificate were entered into evidence as Exhibit 2 without objection. Respondents held a license as required by Board of Cosmetology Rule 21F-3.02, which was dated 1969. A notice of violation was written up by the Board at the five-year expiration of said license which was in 1974. Since the writing of the violation notice, the Board has rescinded the rule requiring an electrical certificate and Respondnets not having procured a certificate in a timely fashion did not then attempt to secure said certificate inasmuch as the rule had been rescinded.
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 Whether the Respondents committed the offenses set forth in the respective Administrative Complaints filed in this case and, if so, what disciplinary action should be taken.
Findings Of Fact At all times material hereto, Respondent, Tracey Renee Monroe, was licensed by the Florida Cosmetology Board, and Respondent, Martha Hylton, was licensed by the Florida Cosmetology Board. On or around December 10, 1988, customer, Mary Jean Hampton went to Cora's Beauty Salon in Miami, Florida, to have her hair done by her usual cosmetologist, Martha Hylton. Ms. Hampton had been a regular customer of Ms. Hylton for approximately two years. When Ms. Hampton arrived, Ms. Hylton examined Ms. Hampton's hair, and they both decided that it was time to apply a chemical relaxer to Ms. Hampton's hair. Without performing a test of the chemical's reaction to a strand of Ms. Hampton's hair (strand test), Ms. Hylton proceeded with the application using a chemical she had used previously on Ms. Hampton's hair. When the chemical was removed, a substantial portion of hair in the crown area of Ms. Hampton head broke, leaving her with the appearance of spot balding. Ms. Hampton also suffered from a pre-existing skin condition which Ms. Hylton protected with base. When the breakage was noted, Ms. Hylton conferred with other cosmetologists in the salon and with Ms. Hampton. Ms. Hampton then mentioned that she had recently used a shampoo and conditioner, Flex, which she had not previously used. A decision was made that Respondent, Tracey Renee Monroe, would apply a procedure, bonding, to Ms. Hylton's head. Bonding involves gluing hair to the scalp and weaving the glued hair in with the remaining hair. The damage to Ms. Hampton hair was caused by the chemical relaxer. The proof failed to demonstrate that the bonding procedure contributed to the hair loss. Although performing a strand test prior to any chemical application on the hair is the acceptable procedure, the proof demonstrated that the practice is not consistently followed when a practitioner is familiar with a client's hair as Ms. Hylton knew Ms. Hampton's hair. On balance, the proof fails to demonstrate that either Respondent, Tracey Renee Monroe or that, Respondent, Martha Hylton, committed fraud, deceit, gross negligence, incompetency or misconduct within the intent of the Florida Cosmetology Act.
Recommendation Based on the foregoing findings of fact and conclusions of law, as to Respondent, Martha Hylton, it is RECOMMENDED that the administrative complaint be dismissed.; and Based on the foregoing findings of fact and conclusions of law, as to Respondent, Tracey Renee Monroe, it is RECOMMENDED that the administrative complaint be dismissed. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 25th of August 1989. JANE C. HAYMAN 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 25th day of August 1989. COPIES FURNISHED: Tobi Pam, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0729 James W. Evans, Esquire Post Office Box 420187 Miami, Florida 33142 Ms. Myrtle Aase Executive Director Florida Board of Cosmetology 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0729
The Issue Whether the license of the Respondent should be revoked, annulled, withdrawn or suspended for allowing students to work in his salon prior to the issuance of a work permit.
Findings Of Fact An Administrative Complaint was filed on May 31, 1977 charging: "That you, said Anthony LaRoche on March 15, 1977 did allow students to work in your salon prior to the issuance of work per- mits Anthony's, Jacksonville, Florida." Anthony LaRoche, Respondent, was the owner of several businesses and has managers to operate his beauty salons. A young man was hired to work in the Respondent's beauty salon to report to work at a subsequent time when the school attended by the cosmetologist would have sufficient time to send his credentials to the office of the State Board and for him to receive his work permit from the State Board. The cosmetologist reported for work and began working and was working at the time of the inspection on March 15, 1977 and had not yet received his work permit although he had previously applied for it. Upon learning of the inspection and the violation, the Respondent immediately sent for the credentials but the work permit was not received for 22 days thereafter. After the Respondent learned that the cosmetologist did not hear from it he ceased doing the work of a cosmetologist until his work permit was received.
Recommendation Send a letter of reprimand to Respondent for failing to ascertain whether an employee was duly certified to work in the salon owned by the Respondent. DONE and ORDERED this 27th day of September, 1971, 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 LaFace & Haggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 Anthony LaRoche, President Anthony LaRoche, Inc. 5566 Ft. Caroline Road Jacksonville, Florida 32211
The Issue Whether Respondent should be fined for alleged violations of Chapter 477, Florida Statutes, occurring prior to her licensure.
Findings Of Fact Respondent, Catherine Shepherd, is the owner of a cosmetics studio named Merle Norman Cosmetics. The studio is located at 13275 South 14th Street, Leesburg, Florida 32748. Her primary business is the sale of cosmetics to the public. A very small portion of her business is nail sculpting. Except for the nail sculpting, Respondent is not otherwise subject to the strictures of Chapter 477, Florida Statutes. Respondent, dba Merle Norman, is a licensed cosmetology salon in the State of Florida having been issued license number CE 0048712. Respondent obtained her license January 24, 1989, after Petitioner's investigator informed her that the law required her to have a cosmetology salon license in order to do nails at her establishment. Prior to January 24, 1989, Respondent was not licensed as a cosmetology salon. When the cosmetology statutes were last adopted, Respondent was informed by the Board's investigator that she would have to employ a licensed cosmetologist in order to do nails at her studio. Respondent thence forward employed a licensed nail sculptor to perform this service. However, the Board's investigator did not inform Respondent that she was also required to have a cosmetology salon license to employ a licensed nail sculptor. She was, therefore, unaware that the law required such a license. Respondent operated as a cosmetology salon without a license for approximately two years.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Cosmetology enter a Final Order fining the Respondent one hundred dollars ($100.00). DONE and ENTERED this 18th day of July, 1989, in Tallahassee, Florida. DIANE CLEAVINGER 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 July, 1989. APPENDIX CASE NO. 89-2445 The proposed facts contained in paragraphs 1, 2, 3 and 4 of Petitioner's proposed Findings of Fact are adopted, in substance, in so far as material. The proposed facts contained in paragraphs 5 and 6 of Petitioner's proposed Findings of Fact are subordinate. COPIES FURNISHED: Cynthia Gelmine, Esquire Department of Professional Regulation North wood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0760 (904) 488-0062 Catherine Shepherd dba Merle Norman 1327 South 14th Street Leesburg, Florida 32748 Ms. Myrtle Aase Executive Director Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32390-0729 Kenneth Easley, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32390-0729
The Issue Whether the Respondent committed the offenses set forth in the Administrative Complaint filed in this case and, if so, what disciplinary action should be taken.
Findings Of Fact At all times material hereto, Jerrold D. Bass was owner and president of J. D. Bass & Company, Inc., which held cosmetology license number CE 0040858. On or around November 2, 1988, Respondent employed Mr. Thomas J. Tilelli to practice cosmetology. Mr. Tilelli's license to practice cosmetology had expired on approximately July 1, 1988. On or around November 2, 1988, and , again, on or around January 6, 1989, combs and brushes were out on work stations at the salon. However, the proof fails to support the Petitioner's contention that combs and brushes were dirty and were used on more that one patron without sanitizing them between patrons. Rather, the combs and brushes were in use on each occasion and were not used on more than one patron of the salon without being sanitized between each patron. On balance, the proof fails to demonstrate that Respondent committed any sanitary violations. But, by employing Mr. Tilelli with his expired license and by allowing him to practice without a valid license, Respondent did violate the provisions of the Florida Cosmetology Act.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED the a final order be entered imposing on Respondent an administrative fine of $200. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 30th day of June 1989. JANE C. HAYMAN 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 June 1989. COPIES FURNISHED: Tobi Pam, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0729 Jerrold D. Bass 5579 North University Drive Lauderhill, Florida 33321 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0729
The Issue Whether Respondent, Elaine Jordan, doing business as Park Avenue Coiffures, did practice cosmetology without a valid Florida cosmetology license. Whether the Board should revoke, annul, withdraw or suspend the license of Respondent.
Findings Of Fact Respondent, Elaine Jordan, was practicing cosmetology as charged by the Board by shampooing the hair of a customer in the salon owned by Elaine Jordan doing business as Park Avenue Coiffures. Respondent holds Registration No. 18844 for the salon doing business as Park Avenue Coiffures. Respondent Elaine Jordan is not a registered, licensed cosmetologist. 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 witness was duly sworn.
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, 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 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.
