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 The issue in this case is whether any disciplinary action should be taken against Respondent for alleged non-compliance with the graduate exemption provision of Chapter 477, Florida Statutes, and the Rules pertaining to graduates of cosmetology schools as contained in Chapter 61G5, Florida Administrative Code.
Findings Of Fact Respondent, Miriam Viera, is of Hispanic origin. Her native language is Spanish. Ms. Viera and her children are the recipients of welfare in Escambia County. Specifically, Ms. Viera and her family receive money from Aid to Family with Dependent Children and food stamps. She has always wanted to be a cosmetologist and in 1994 was able to pursue her goal of becoming a licensed cosmetologist and also attempted to get off welfare. In order to become a licensed cosmetologist Ms. Viera was required to, (1) be 16 years of age, (2) graduate from an approved school of cosmetology, (3) have completed 1200 hours of training in cosmetology, (4) complete an application for licensure thereby applying to the Board of Cosmetology to sit for the cosmetology exam and, (5) pay the required licensure and examination fees. The application to the Board of Cosmetology required that Ms. Viera's 1200 hours of training be certified by the school where she took her training and that a certificate of completion of an approved HIV/AIDS training course accompany the application. Failure to meet any one of these requirements would cause Ms. Viera to be ineligible to take the cosmetology examination, as well as ineligible for licensure. On January 29, 1994, Respondent graduated from RTI Technical Institute in Pensacola by completing 1200 hours of training in cosmetology. RTI is a State approved cosmetology school. However, RTI does not offer an HIV awareness course. The course was offered at one of the local Pensacola hospitals. After graduation Respondent decided to take approximately two weeks off. On February 17, 1994, Respondent completed her training for HIV/AIDS awareness. During this time period, Respondent had also picked up an application to take the cosmetology examination and licensure from RTI. The form the school supplied to Ms. Viera did not contain the cover letter/instruction sheet for the application. As a consequence Ms. Viera was told that the application fee would be $75.00. On February 17, 1994, Respondent secured a $75.00 money order and presented a completed application to the office of Larry Bryant, the president of RTI Cosmetology School. The application was left with Mr. Bryant so that he could certify to the Board of Cosmetology, on behalf of RTI that Ms. Viera had completed 1200 hours of cosmetology training at the school. After Mr. Bryant completed the school's part of the application, he was to send the application and the money order on to the Board of Cosmetology. Respondent indicated on her application that she wanted to take the examination in Spanish. Such a request is authorized by the Board. There was no evidence that this request was fraudulent. The fee to take the examination in Spanish was an additional of $30.00. However, Respondent was unaware of the requirement for additional money because she had not received the applications's cover letter/instruction sheet with her application. Until Respondent paid the additional $30.00 she was not eligible to take the cosmetology examination. Likewise, the cosmetology examination was not available to Ms. Viera until the additional $30.00 application fee was paid. For unknown reasons over which Ms. Viera had no control, Mr. Bryant did not complete the school's part of the application until about March 2, 1994. Consequently, Ms. Viera's application was not mailed to the Board of Cosmetology until March 2, 1994. Ms. Viera had assumed that Mr. Bryant had completed and mailed her application within a couple days of her leaving it with him. She was unaware that Mr. Bryant had not done so. Again, Ms. Viera was not eligible to take the cosmetology examination until the certification from the school was accomplished and the application received by the Board. Likewise the cosmetology examination was not available to her until the application was completed by the school and received by the Board. In the meantime, around March 1, 1994, Respondent had begun practicing cosmetology at Lee's Family Affair Studio in Pensacola, Florida. Ms. Viera had been referred to the salon by the school. Ms. Viera needed to work because, being on welfare her funds were extremely short and she had to make up the money she had used to pay the $75.00 application fee. Normally, applicants who have met all the requirements for taking the cosmetology examination are admitted to take the examination scheduled approximately 10 to 15 days after the Board of Cosmetology has received and reviewed the application. The application of Respondent was received by the office of the Cosmetology Board on March 9, 1994. Based upon this date, the next examination was offered on April 21, 1994 had the entire examination fee of $105.00 been paid. Except for the fee, Respondent's application was complete in all respects as required by Rule 61G5-18.002, Florida Administrative Code. The Board sent a letter to Respondent dated March 15, 1994, advising her that her application was not complete because she did not pay the additional $30.00 fee for the Spanish version of the cosmetology examination and that she was not eligible to sit for any examination until the fee had been paid. The letter was received by Respondent around April 6, 1994. The Board's deficiency letter was the first indication Respondent had that she owed the Board more money and that she was not eligible for the examination scheduled for April 21, 1994 and that the examination was not available to the Respondent. Lutrel Raboteaux, an inspector for the Department of Business and Professional Regulation, conducted a routine inspection of Lee's Family Affair Studio, on April 6, 1994. During the course of the inspection, the salon was open to the public, employees were present, and cosmetology services were being performed on customers. Inspector Raboteaux discovered that the Respondent was an employee of the salon, and asked the salon owner to see her license. Respondent was not initially at the salon when Mr. Raboteaux began his inspection. She arrived shortly thereafter. Respondent admitted to Inspector Raboteaux that she was employed by the salon, had been working there since around the first week of March and had charged about $20.00 for a haircut. Respondent further admitted that she had sent in her application to sit for the next available examination sometime in early March, 1994, but did not have a license. Mr. Raboteaux conferred with the manager of the salon, Daniel Lee, as to the location of Respondent's license, if any. Mr. Lee informed Inspector Raboteaux that Respondent was working under the graduate exemption from cosmetology licensure. Mr. Raboteaux asked to see documentation which would prove that the Respondent was a cosmetology school graduate i.e., the application for licensure, copy of the money order or check to pay for the exam, and a copy of the receipt indicating payment that the Board of Cosmetology sends to the graduate. No documents were posted at Respondent's workstation nor were any documents produced for Inspector Raboteaux. Inspector Raboteaux completed his inspection of the salon, and noted on the salon's inspection report that Respondent's graduate exemption was subject to further investigation. Later, Inspector Raboteaux contacted the Board of Cosmetology in Tallahassee and spoke with Ms. Stacy Merchant, and employee of the Board whose duties for the Board include processing and determining eligibility of cosmetology school graduates to sit for the cosmetology exam. Ms. Merchant informed Inspector Raboteaux that the Respondent was not eligible for the graduate exemption. Ms. Merchant based her conclusion on her understanding of Chapter 477 and the Rules promulgated thereunder. Based on Ms. Merchant's representation, Inspector Raboteaux completed a Uniform Citation and served it on the Respondent by United States Mail -- Restricted Delivery. The Uniform Citation served on the Respondent indicated she was charged with practicing without a license for which the Board's fine was $500.00. Because Ms. Viera was a welfare recipient she did not have the money to pay the additional $30.00 fee, let alone a $500.00 fine which she disputed. As a consequence, Ms. Viera could not take the April 21, 1994 cosmetology examination.
Recommendation Based upon the findings of fact and the conclusions of law, it is, RECOMMENDED: That Respondent be found not guilty of violating Section 477.029(1)(a), Florida Statutes (1993) through a violation of Section 477.0135(g), Florida Statutes (1993) and the Administrative Complaint be dismissed. DONE and ENTERED this 12th day of July, 1996, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SunCom 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of July, 1996.
The Issue Whether Respondent violated Sections 477.21(1); 477-15(8) and 477.02(4), Florida Statutes, by operating a cosmetology salon on at least three different occasions to-wit: January 23, 1975, January 24, 1975 and January 30, 1975, without the direct supervision of a master cosmetologist.
Findings Of Fact Notice of this hearing was served on Respondent. The Division of Administrative Hearings has jurisdiction over the proceeding. Respondent holds a current cosmetology salon license No. 14954 and cosmetologist license No. 68986 Respondent, by her own written admission, has, on January 23, January 24 and January 30, 1975, operated her salon without the supervision of a master cosmetologist.
Findings Of Fact The Respondent was licensed by the State of Florida to practice cosmetology, having been issued license number CL 0030044. On September 27, 1966, the Respondent was issued a cosmetology salon license numbered CE 0009517 authorizing the operation of a cosmetology salon called "Bonnie's Boutique," located at 426 South Pineapple Avenue, Sarasota, Florida, owned by the Respondent. The petitioner is an agency of the State of Florida charged with enforcing the provisions of Chapter 477, Florida Statutes, as that relates to licensing and regulation of the activities and practices of cosmetologists and cosmetology salons. After assuming ownership of, and obtaining licensure for the operation of a cosmetology salon, the Respondent began operating Bonnie's Boutique, She operated Bonnie's Boutique as a cosmetology salon until approximately June 30, 1980, when her cosmetology salon license became ripe for renewal. She was leasing the premises in which she operated her business, which lease continued through August of 1983. The Respondent failed to renew her cosmetology salon license number CE 0009517 after it expired on June 30, 1980. From that time until August, 1983, when the lease on the premises expired, the Respondent operated Bonnie's Boutique, albeit on a limited basis due to health problems, performing cosmetology services primarily for friends and relatives. Sometime in January, 1983, in the course of an investigation of the Respondent's activities with regard to the salon premises, it was discovered by petitioner's investigator that the Respondent was operating the cosmetology salon at the above address on at least an intermittent basis without a current cosmetology salon license. Due to health problems, the Respondent has never sought to operate a fully active cosmetology salon business since the expiration of her salon licensure on June 30, 1980. Aside from the subject action there has never been any other disciplinary proceeding instituted against the Respondent with regard to her licensure status.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, and the evidence of record, it is, therefore RECOMMENDED: That a Final Order be entered imposing the penalty of a reprimand on the Respondent Bonnie J. Wagoner. DONE and ENTERED this 20th day of February, 1984, in Tallahassee, Florida. P. MICHAEL RUFF 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 February, 184. COPIES FURNISHED: Theodore R. Gay, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Bonnie J. Wagoner 1714 Devanshire Sarasota, Florida 33577 Myrtle Aase, Executive Director Board of Cosmetology 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 the Respondent violated Chapter 477, Florida Statutes and the rules and regulations of the Florida Administrative Code promulgated pursuant there to by allowing a beautician who is not a master beautician with a master's license to practice cosmetology in Respondent's salon when a master cosmetologist was not present.
Findings Of Fact Ardie Smiley Collins, an inspector for the Petitioner State Board of Cosmetology, entered Mae's Magic Mirror, a shop owned and operated by Respondent Shellie M. Mays on July 8, 1975 at about 5:00 p.m. A Mrs. Annette Yoeman was practicing cosmetology in the salon without a master cosmetologist being present. Mrs. Yoeman holds a license to practice cosmetology but is not a master cosmetologist.
Recommendation Suspend the salon license of Shellie M. Mays, d/b/a Mae's Magic Mirror, for a period of one month from the date of the final order herein. 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 Shellie M. Mays 108 9th Avenue East Bradenton, Florida ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA FLORIDA STATE BOARD OF COSMETOLOGY FLORIDA STATE BOARD OF COSMETOLOGY, Petitioner, vs. CASE NO. 76-1101 SALON LICENSE NO. 14455 SHELLIE M. MAYS, d/b/a MAE'S MAGIC MIRROR, 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 August 18, 1976, a copy of which is attached hereto and incorporated herein by reference. The State Board of Cosmetology has additionally reviewed the recommended penalty of the Hearing Examiner and feels that the recommended penalty would be unduly harsh under the circumstances of this case since the violation is a first offense, and therefore reduces the recommended penalty in the Hearing Examiner's Order of a thirty-day suspension of the Respondent's salon license and substitutes instead a letter of reprimand. That the entry and publication of this Final Order shall constitute a reprimand or warning to the Respondent not to engage in a course of conduct in the future which would violate the Florida Cosmetology Law, Section 477, Florida Statutes, or the Rules and Regulations of the Florida State Board of Cosmetology. A copy of this Final Agency Order, including the reprimand contained herein, shall become a part of the Respondent's permanent files. ENTERED this 28th day of September, 1976. Violet Llaneza, Chairman Florida State Board of Cosmetology Copies Mailed To: Shellie M. Mays 108 9th Avenue East Bradenton, Florida Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida
The Issue Whether Respondent, a cosmetology salon, permitted an unlicensed person to perform cosmetology services as alleged in the Administrative Complaint, dated April 24, 2007, and, if so, what disciplinary action should be taken against Respondent's license.
Findings Of Fact Based on the evidence and the entire record in this proceeding, the following findings of fact are found: At all times material hereto, Respondent was licensed and regulated by Petitioner, Department of Business and Professional Regulation, as a cosmetology salon owned by Immacula Evans. Respondent is a licensed cosmetology salon, license number CE9966208, whose address of record with Petitioner is 11329 North Nebraska Avenue, Tampa, Florida 33612. At all times material hereto, John R. Miranda was employed by the Petitioner as an Inspector. On or about March 8, 2006, Miranda conducted an inspection of Respondent's establishment located at 11329 North Nebraska Avenue, Tampa, Florida. Miranda observed that an unidentified male was practicing cosmetology without a license. A citation was personally issued to Respondent's owner. On or about March 17, 2006, Miranda conducted a re- inspection of Respondent's establishment. In the course of this inspection, Miranda observed that Pierre Elionze was practicing cosmetology without a license. A citation was issued to Respondent. On or about March 24, 2006, Miranda conducted another inspection of Respondent's establishment. In the course of this inspection, Miranda observed that Dwight Booquet, Christine Marc, and Moveta S. Swalters were each practicing cosmetology without a license. A citation was issued to Respondent. On or about June 7, 2006, Miranda conducted a further inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet was again practicing cosmetology without a license, and a citation was issued. On or about July 29, 2006, Miranda conducted another inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet yet again practicing cosmetology without a license, and a citation was issued. On or about August 11, 2006, Miranda conducted an inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet was again practicing cosmetology without a license, and a citation was issued. Respondent has engaged in the unlawful and repeated violations of Subsection 477.0265(1), Florida Statutes, between March 8 and August 11, 2006.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Cosmetology enter a final order revoking Respondent's cosmetology establishment license number CE 9966208, and impose an administrative fine in the amount of $5,000. DONE AND ENTERED this 11th day of September, 2007, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 11th day of September, 2007.
Findings Of Fact Respondent, Rhonda Welker, is a licensed cosmetologist operating under License No. CL0116241. Her original license was issued on November 24, 1980, and expired on June 30, 1982. On November 9, 1982, Respondent was employed as a cosmetologist, and acting as such, by Coiffures by Kenneth, a beauty salon owned and operated by Respondent's father and mother, located at 887 Semoran Boulevard, Apopka, Florida. At that time, her license had expired and was denied renewal by the Board because she had failed to take 16 additional hours of continuing professional education subsequent to issuance of her license, but instead had only taken eight. As a result, she did not meet the Board requirements for renewal of her license, which became inactive at the date of expiration. When Valerie Flowers, an inspector for the Board of Cosmetology, performed her follow-up inspection of the salon where Respondent worked, on November 17, 1982, she observed Respondent styling a customer's hair. At this time, though Respondent had completed the required 16 hours of continuing professional education, her license had not yet been renewed. Respondent Rhonda Welker's current license was issued on January 30, 1983, and expires on June 30, 1984. Respondent failed to secure the required 16 hours of continuing professional education on the honest but mistaken belief that she only needed eight hours' worth. She felt that since her licensure was initially issued for less than two full years, she would only need the eight hours of continuing education for one year, which she had. Under the circumstances, Respondent, Rhonda Welker, was holding herself out as a cosmetologist when she did not have an active current Florida cosmetologist's license.
Recommendation In light of the foregoing, it is, therefore, RECOMMENDED: That Respondent be ordered to pay an administrative fine in the amount of $50. RECOMMENDED this 30th day of September, 1983, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 30th day of September, 1983. COPIES FURNISHED: Theodore R. Gay, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Ms. Rhonda Welker 887 Semoran Boulevard Apopka, Florida 32703 Mr. Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Ms. Myrtle Aase Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether disciplinary action should be taken against the Respondent for alleged violations of Chapter 477, Florida Statutes, (1979)
Findings Of Fact Wilfred's Romar Hairstyling Academy is a cosmetology school, which has been issued license #CT0000228. In March of 1980 Ardie Collins, an investigator for Petitioner Board of Cosmetology, found teacher trainee Sumner instructing a theory class in Respondent school without direct supervision by a certified cosmetology instructor. On April 17, 1980 Collins found student instructor Bra noon teaching a theory class in Respondent school without direct supervision of a certified cosmetology instructor. On April 29, 1980 Collins found that nine (9) students of Respondent school had been enrolled in the school without student permits. On September 18, 1980 Collins observed a student teacher trainee teaching students basic training on mannequins in Respondent school without direct supervision of a licensed instructor. Respondent did not dispute the foregoing facts and suggested in its memorandum that a penalty, if any, should be a "written reprimand." Insufficient evidence was produced to show that Respondent had violated requirements as to size and accessibility of the dispensary.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered by the agency which reprimands Respondent school and places it on probation for a period of time not to exceed two (2) years with semiannual inspections. DONE and ORDERED this 28th day of September, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND 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 28th day of September, 1981. COPIES FURNISHED: Drucilla E. Bell, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Thomas Utke, General Manager Wilfred's Romar Hairstyling Academy 1013 East Colonial Drive Orlando, Florida 32807 Nancy Kelley Wittenberg, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF COSMETOLOGY DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF COSMETOLOGY, Petitioner, vs. CASE NO. 81-1576 81-1577 WILFRED'S ROMAR HAIRSTYLING ACADEMY, Respondent. /
