Findings Of Fact Respondent plead guilty of the charge of operating a beauty salon without a certificate of registration. She stated that she lad height the salon known as Styles by Stallone believing that it was a licensed cosmetology salon, but in fact the owner of the salon was barber and the salon was licensed as barber salon. The salon is now licensed and the name has been changed top Male Ego.
Recommendation Send a letter of reprimand to Respondent for operating a beauty salon without the proper registration. DONE and ORDERED this 17th day of August, 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 Eileen Warren 601 B. Northlake Boulevard North Palm Beach 33408
The Issue Respondent's alleged violation of Sections 477.02(6), 477.15(8), 477.27(1) & (2), Florida Statutes.
Findings Of Fact Clodoaldo and Olimpia Linares operate the Alinas Beauty Salon, a partnership, at 754 East 1st Avenue, Hialeah, Florida under Certificate of Registration to operate a cosmetology salon number 20143 issued by Petitioner on August 21, 1974. Petitioner's Inspector Miller, accompanied by Inspector Padrick, visited Respondent's salon on October 31 1975, to investigate a report that Respondent had an operator at their shop who was practicing cosmetology without a license. At that time the inspectors discovered Carmen Salvador giving a manicure to a patron. Salvador stated to the inspectors that although she did not have a Florida license to practice cosmetology, she was not employed in the salon. (Testimony of Miller and Padrick) Respondent Olimpia Linares testified that Salvador was her cousin and that while she was waiting for Linares to leave the salon for the evening she filed a patron's nails while Linares was working on the patron's hair. The patron was a friend of Salvador. (Testimony of Linares)
Recommendation That Respondent, Olimpia Linares, be issued a written reprimand for violation of Section 477.27(2), Florida Statutes. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Clodoaldo and Olimpia Linares c/o Alinas Beauty Salon THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 754 East 1 Avenue Hialeah, Florida
Findings Of Fact Petitioner, Department of Professional Regulation, Board of Cosmetology, is the state agency charged with regulating the practice of cosmetology pursuant to Section 20.30, Chapters 455 and 477, Florida Statutes. Respondent, Nadine Alice Walker d/b/a Nadine's Styling Salon, is licensed to practice cosmetology and to operate a cosmetology salon, having been issued license number CL 0102000 and CE 0032562. During times material hereto, Respondent Walker has been the owner/operator of a cosmetology salon named "Nadine's Styling Salon" located at 1014 East Cass Street, Tampa, Florida 33602. Respondent Hunt, during times material, was not a licensed cosmetologist in Florida. During a routine inspection of Respondent Walker's salon on June 16, 1990, inspector Steve Yovino, who is employed by Petitioner to conduct routine inspection of, inter alia, cosmetology salons to determine their compliance with Chapter 477, Florida Statutes, observed Respondent Hunt using an electric dryer to "blow dry" a customer's hair which she had shampooed. Respondent Hunt was compensated for her services. On the day of the inspector's routine inspection of Respondent Walker's salon, it was the first day that Respondent Hunt had assisted Respondent Walker at Walker's styling salon. Respondent Hunt is presently enrolled in a cosmetology school to become trained and licensed as a cosmetologist in Florida. Respondent Walker engaged the services of Respondent Hunt to assist her in those duties in which an unlicensed cosmetologist can engage in, to wit, performing routine maintenance around the salon to include sweeping and cleaning the booth areas. Respondent Walker's aim was to assist Respondent Hunt in gaining experience in those areas of cosmetology which did not require a license. Neither Respondent Hunt nor Respondent Walker have been the subject of prior disciplinary action by the Petitioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: Petitioner enter a Final Order imposing an administrative fine against Respondent Nadine Alice Walker in the amount of $100, payable to Petitioner within thirty (30) days of the entry of its Final Order and issue Respondent Nadine Alice Walker a letter of guidance. Petitioner enter a Final Order imposing an administrative fine against Respondent Tracy Hunt in the amount of $100, payable to Petitioner within thirty days of the entry of its Final Order and issue Respondent Tracy Hunt a letter of guidance. 1/ RECOMMENDED this 28th day of February, 1991, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL 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 28th day of February, 1991.
The Issue The issues to be resolved in this proceeding are whether the Respondent has committed violations of Florida statutes relating to the operation of a cosmetology salon, and, if so, what penalty should be imposed by the Board of Cosmetology. Petitioner contends that the Respondent was properly notified of her responsibility to renew her cosmetology salon license and that she failed to do so. Respondent contends that she was never properly notified of this new statutory responsibility.
Findings Of Fact At all times material to this proceeding, the Respondent has been licensed as a cosmetologist in the State of Florida. She holds License No. CL- 0071047 issued by the Board of Cosmetology. For many years, and at all times material to this proceeding, the Respondent has owned and operated a cosmetology salon named "Ramona's Beauty Salon." The salon is located at 130 Dixie Highway, Auburndale, Florida. The salon has, at all material times, been open for business and doing business with the general public as a cosmetology salon. Prior to July 1, 1980, cosmetology salons were required to be registered with the Board of Cosmetology; however, there was no requirement that the registration, once obtained, be renewed. Registration of a salon was permanent. In 1978, the Legislature amended provisions of law relating to registration of cosmetology salons. Effective July 1, 1980, cosmetology salons were required to have renewed their salon license and to renew it again every two years. Because of the change in the law which imposed a new obligation to renew the registration for a salon, the Board of Cosmetology endeavored to advise its licensees of the obligation to renew the salon registration. In March, 1980, the Board mailed a newsletter to its salon licensees advising them about the change in the law. In May, 1980, the Board mailed renewal cards to its licensees. The cards were to be filled out and returned to the Board with the appropriate fee. The Board endeavored to send these notices to its salon licensees at their currently registered addresses. The address that the Board had for the Respondent's salon was the proper one. The Respondent did not receive the notices. The evidence does not reveal whether this was the result of the Board's not forwarding them to her, an error on the part of the postal service, or an error by the Respondent. The precise system that the Board used to assure that the notices were properly forwarded to its licensees was not made a part of the record. The evidence is insufficient to establish why the Respondent did not receive the notices. Prior to 1979, the Board of Cosmetology inspected the premises of its licensees on at least an annual basis. Typically, inspections were conducted more frequently than that. When the Legislature reorganized the Department of Professional Regulation, these periodic inspections ceased during the transition period. The Respondent's salon was inspected in September, 1979. It was not inspected again, however, until December, 1982. The Board endeavored to help apprise its licensees of the need to renew salon licenses by having its inspectors inform the licensees during inspections. Since the Respondent's salon was not inspected during that period, she did not receive the benefit of that advice. The Respondent's salon had been registered with the Board since 1971. She never had any reason to believe that she needed to renew her salon's registration until sometime in 1981. The Respondent's daughter was attending a cosmetology school and heard that salon licenses needed to be renewed, and passed this information on to her mother. Her mother called a representative of the Board at the Winter Haven office. Prior to the reorganization, the Board maintained its principal offices in Winter Haven. Thereafter the offices were moved to Tallahassee, but the testing function continued to be administered from the Winter Haven office. The person who the Respondent talked to at the Winter Haven office advised her that she would be receiving registration forms from Tallahassee and that she did not need to take any action until she received those forms. The Respondent attended continuing education programs during the period following the change in the registration requirement. At none of these programs was she advised of the new obligation to renew the salon license. On December 3, 1982, an inspector with the Department of Professional Regulation inspected the Respondent's salon. The inspector observed that the salon license had not been renewed. The Respondent was advised of her responsibility to obtain a current registration for the salon, and she took immediate steps to accomplish that. Her salon is now properly registered.
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 The issue in this case is whether Respondent should be sanctioned for providing services as a cosmetologist without holding an appropriate license as required by Subsection 477.0265(1)(a), Florida Statutes (2005).
Findings Of Fact Vega is a native of Puerto Rico and has been a hair stylist since 1984. She was employed at the Beauty Gallery and Spa Salon (the "Salon") as a shampoo girl and receptionist at all times relevant to this proceeding. English is a second language to Vega, and she does not speak, read, or write the language well. At the final hearing in this matter, Vega testified through an interpreter or translator, Carmen Rodriquez. DBPR is the state agency responsible for, inter alia, the licensure of cosmetologists and cosmetology establishments in Florida. Daniel Hogan, JD, LLM, is a regional program administrator for DBPR, a position he has held for three years. He received training from his employer in order to perform inspections of cosmetology businesses and barbershops as part of his duties. He is responsible for the Orlando office and supervises the inspections of cosmetology and barber establishments conducted by that office. The Orlando office conducts about 3,500 such inspections each year, of which Hogan has involvement in approximately 500. On or about March 29, 2005, Hogan conducted a routine annual inspection of the Salon. During the inspection, Hogan noted two individuals working at the Salon: Vega and a Mr. Torres. Torres was sitting at the front part of the Salon. Hogan identified himself to Vega and Torres as an inspector for DBPR. Neither Vega nor Torres could produce a cosmetology license for review by Hogan when asked. Hogan saw Vega at a workstation, actively engaged in cutting a customer's hair. His efforts to question Vega concerning this matter were thwarted by Vega's inability to converse in English. Vega did produce for Hogan a cosmetology license, which had been issued in Puerto Rico. She also produced a copy of a letter from DBPR wherein Vega's application for licensure had been denied. The purpose of showing those documents to Hogan was to show him that she was a legal resident. She had initially perceived him as an immigration officer. During the course of Hogan's inspection, Ms. Matos, owner of the Salon, appeared. She confirmed to Hogan that Vega had been employed at the Salon for about twelve months. Matos did not appear at the final hearing. There was no testimony by the owner as to Vega's employment position at the Salon. Upon completion of his inspection, Hogan issued an inspection report and a Citation against Vega for practicing without a license. He gave Vega a copy of the citation, which Vega signed in his presence. The citation states that Vega was practicing cosmetology without a license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Department of Business and Professional Regulation upholding the fine assessed in the Administrative Complaint. DONE AND ENTERED this 22nd day of September, 2006, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN 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 22nd day of September, 2006. COPIES FURNISHED: Raquel Santiago Vega 523 Delido Way Kissimmee, Florida 34758 Drew F. Winters, Esquire Matt Yeager Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Robyn Barineau, Executive Director Board of Cosmetology Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Respondent, Adelina Portuondo, is the holder of License Number CL 0089302 issued by Petitioner, Department of Professional Regulation, Florida State Board of Cosmetology. The license authorizes Respondent to perform cosmetology services. She has held the license since 1976. On or about December 24, 1982, a Department inspector visited the premises known as Delores Beauty Salon, located at 2214 Collins Avenue, Miami Beach, Florida. The visit was prompted by the fact that the Delores Beauty Salon was delinquent in renewing its license with Petitioner. While conducting the inspection, the inspector observed two apparent employees working with customers in chairs. Before the inspector was able to check the license of one of them, a Latin male, who was performing cosmetology services on a client, the Latin male quickly departed the premises. The inspector was told the male's name was either "Jorge" or "Jose," but that no other information regarding that individual was available. Respondent was not on the premises when the inspection was made, but, after being called from her other shop, she arrived a short time later. Portuondo advised the inspector that the male's name was "Jose," that he was there for a "tryout," had just arrived from Cuba and had been referred by someone at her other beauty salon. She also advised that she had just purchased the salon and was in the process of transferring ownership to her name. At the time the inspection was made, Delores Beauty Shop held no current licenses to provide either cosmetology or barber services to the public. The inspector then visited Respondent's other salon, Lena's of New York, and learned that the Latin male's name was actually Jose Bahamonde. Respondent told the inspector that Bahamonde was only a manager of the salon, whose duties included opening and closing the shop, cleaning and the like, but that he performed no professional services. Lena's of New York was apparently licensed by the Board as a cosmetology salon. On April 5, 1983, a Department inspector again visited the beauty salon operated by Respondent at 2214 Collins Avenue, Miami Beach. Respondent had signs indicating the business was now being operated as Lina Beauty Salon II, Inc. The inspector found Bahamonde on the premises and told him it was illegal to practice cosmetology and barbering without appropriate licenses. Bahamonde told the inspector he had taken the examination and was awaiting the results. The inspector returned the next day, April 6, and found Bahamonde cutting a customer's hair. The Respondent was not present on the premises. After being called by telephone, Respondent arrived shortly thereafter and denied that Bahamonde was providing professional services. Instead, she claimed he was working as a cashier and cleaning up the premises. At that time, she also produced records to show she had purchased the salon on October 5, 1982. Official Department records reflect that Bahamonde was issued cosmetology License No. CL 0141942 on July 26, 1983. Those records also reflect that as recent as October 20, 1983, Lina Beauty Salon II, Inc., held no active cosmetology or barbershop licenses. The records do indicate, however, that Respondent applied for a cosmetology salon license for the establishment in April, 1983, but the application was denied on May 9, 1983, on the ground it was incomplete. No license has been issued to Delores Beauty Salon, Inc., since its purchase by Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent be found guilty of violating Subsection 477.029(1)(b), Florida Statutes, in December, 1982, and April, 1983; violating Subsection 477.029(1)(c), Florida Statutes, in December, 1982; and violating Subsections 477.028(2)(b) and 477.029(1)(c), Florida Statutes, in April, 1983. It is further RECOMMENDED that a $250 administrative fine be imposed on Respondent for each violation, for a total of $1,000, and that such fine be paid within thirty (30) days of the date of the final order entered in this cause. RECOMMENDED this 9th day of November, 1983, in Tallahassee, Florida. DONALD R. ALEXANDER 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 9th day of November, 1983.
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
Findings Of Fact Petitioner, Department of Professional Regulation, Board of Cosmetology (Board), is charged with the responsibility of regulating the practice of cosmetology. Among its responsibilities are the routine inspections of cosmetology salons to insure that all Board requirements are being met. On January 13, 1988 a Board inspector inspected the premises of From Hair on Etc., a licensed cosmetology salon in Clearwater, Florida. During the course of the inspection, the inspector observed a work station set up for respondent, Kristie J. Wheatley. The inspector also reviewed the salon's appointment book and noted manicure appointments for "Kristie" beginning around October 13, 1987 and continuing until January 19, 1988. However, the inspector did not find a license for respondent, and a subsequent search of Board records revealed that respondent was not registered with the Board. The inspector later talked with respondent by telephone. Respondent acknowledged that she had been employed as a manicurist at the salon since October 1987 and was not registered with the Board. She informed the inspector that she was unaware that the Board had begun enforcing a new law that required manicurists to be registered. According to owners of the salon, respondent performed manicure services in the salon for a three month period from October 1987 until January 1988. She was compensated for these services. In response to their inquiry as to her registration status, Wheatley told them she had filed an application for registration. Later on, she advised them the registration was at her home. When the owners learned from the inspector that respondent was not registered with the Board, her services were terminated.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent be found guilty as charged in the amended administrative complaint, that she be assessed a $150 fine, and that she not be permitted to register with the Board until such fine is paid. DONE and ENTERED this 24th day of February, 1989, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 February, 1989. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Professional Regulation 130 North Monroe Tallahassee, Florida 32399-0750 Kristie J. Wheatley 14194 Darts Drive Fenton, MI 48430 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 130 North Monroe Tallahassee, Florida 32399-0750 Myrtle Aase, Executive Director Department of Professional Regulation Board of Cosmetology 130 North Monroe Street Tallahassee, Florida 32399-0750
