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
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
The Issue Whether Respondent committed the offenses described in the Administrative Complaint? If so, what penalty should be imposed?
Findings Of Fact Based upon the record evidence, the following Findings of Fact are made: Respondent is now, and has been at all times material hereto, the owner and operator of Beauty Salon Mayelin Unisex (Salon), a cosmetology salon located at 1442 Northeast 163rd Street in North Miami Beach, Florida. The Salon was first licensed by the Department on December 19, 1990. Respondent has never been licensed to practice cosmetology in the State of Florida. Her application for licensure is currently pending. Charles E. Frear is an inspector with the Department. On May 16, 1990, Frear went to 1442 Northeast 163rd Street with the intention of inspecting a licensed cosmetology salon operating under the name "Hair to Hair." When he arrived at the address, Frear noticed that the sign outside the establishment reflected that Beauty Salon Mayelin Unisex now occupied the premises. The Salon was open for business. Upon entering the Salon, Frear observed Respondent removing curlers from the hair of a customer who was seated in one of the chairs. 1/ Frear asked Respondent to show him her license to practice cosmetology in the State of Florida. Respondent responded that she did not have such a license yet, but that she was scheduled to take the cosmetology licensure examination later that month. After learning from Respondent that she was the owner of the Salon, Frear asked to see the Salon's license. Respondent thereupon advised Frear that the Salon had not been licensed by the Department. Although she told Frear otherwise, Respondent was aware at the time that a Department-issued cosmetology salon license was required to operate the Salon. Frear gave Respondent an application form to fill out to obtain such a salon license. Respondent subsequently filled out the application form and submitted the completed form to the Department. Thereafter, she received License No. CE 0053509 from the Department to operate the Salon.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the Board of Cosmetology enter a final order (1) finding that Respondent committed the violations of law alleged in the instant Administrative Complaint; and (2) imposing upon Respondent an administrative fine in the amount of $1,000 for having committed these violations. RECOMMENDED in Tallahassee, Leon County, Florida, this 24th day of April, 1991. STUART M. LERNER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of April, 1991.
Findings Of Fact Respondent, Secret de Femme d/b/a Secret de Femme Hair Sculpture, operates a cosmetology salon at 65 Northwest 54th Street, Miami, Florida. It is the holder of cosmetology salon license number 0040317 issued by petitioner, Department of Professional Regulation, Board of Cosmetology (Board). Respondent, Gaston Eugene, does not hold any licenses issued by the Board. On or about November 5, 1987, a Board investigator, Frank Hautzinger, made a routine inspection of respondent's salon. 1/ When he entered the premises, he found a few persons in the salon, including one seated in a barber's chair. According to Hautzinger, respondent, Gaston Eugene, was "finishing up" the person seated in the chair. By this, Hautzinger meant that Eugene was brushing around the person's neck and collar as if he had just given that person a haircut. However, he did not actually see Eugene cutting hair, and Eugene received no compensation for his "services." Because Eugene speaks little or no English, Hautzinger was unable to carry on a meaningful dialogue with Eugene. He did learn that Eugene did not have a cosmetology license. A short time later, one of the owners, Amantha Jean-Joseph, returned to the salon. When questioned by Hautzinger about Eugene, she described Eugene as a temporary employee obtained through a local employment service. However, at hearing she denied making this statement. Both owners emphatically denied that Eugene was authorized to cut hair. Instead, they described his role as being limited to cleaning up the working area, cleaning barber tools, and opening and closing the shop. According to Amantha, on the day that Hautzinger visited the shop, Eugene had simply agreed to cut a nose hair of a friend and nothing more.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that all charges be DISMISSED. DONE AND ORDERED this 22nd day of April, 1988, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of April, 1988.
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 At all times pertinent to the allegations herein the Petitioner, Board of Cosmetology, (Board) , was the state agency responsible for the licensing and regulation of cosmetologists and cosmetology salons in Florida. The Respondent, Anthony Autilio, held a license as a cosmetologist and a license to operate a cosmetology salon in Florida. On August 22, 1990, Sara Kimmig, an inspector with the Department's Orlando office, entered the Respondent's cosmetology salon, Capello Hair Designers, located at 5275 Red Bug Lake Road, #117, in Winter Springs, Florida for a routine inspection. As was her custom, she examined the physical plant for compliance with the Board's sanitation rules and also checked the credentials of each operator. When she approached the station at which Ms. Nemeth was applying a permanent to a customer, she noted that Ms. Nemeth's license, displayed on the mirror, was issued by the state of Connecticut, not Florida. No Florida license was in evidence. When Ms. Kimmig asked Ms. Nemeth if she had a Florida license, Ms. Nemeth admitted she did not, but indicated she had applied for one. Ms. Nemeth also admitted she had been performing cosmetology services at that station for about three weeks. Ms. Nemeth has been licensed in Connecticut for over 10 years and that license has been kept current. When she first approached Respondent for a job, she asked to be a cleaner, but because of her long experience and the fact that she held a license in another state, he told her she could be his assistant and do shampoos, preparations, and cleanup, none of which requires a Florida license. She told him, then, that she had applied for a Florida license and, about three weeks before Ms. Kimmig's inspection, told him that she had received notice from the Board that she was qualified for licensure and authorizing her to practice pending the issuance and receipt of her Florida license. Respondent took Ms. Nemeth's word for that and did not ask to see the letter. On the basis of her representations, he assigned her a station and allowed her to cut hair, a procedure which does require a license. On the day the salon was visited by Ms. Kimmig, Ms. Nemeth was cutting the hair of and giving a permanent to a friend of the Respondent, Bruno, a shoe salesman, who had given Ms. Nemeth a free pair of shoes sometime previously. Ms. Nemeth was doing the cosmetology work for him in repayment for his prior gift to her. Mr. Autilio was not in the shop on the day Ms. Kimmig made her inspection. They spoke on the phone the next day at which time he admitted he had allowed Ms. Nemeth to start to do cosmetology work about three or four weeks previously when she advised him she had received the authorization from the Board. Ms. Nemeth, in fact, had not submitted her application to the Board prior to Ms. Kimmig's inspection. Simply put, due to some family financial reverses, she did not have the required fee to submit with the application, and in addition, had not secured all the credentials verification that she needed from Connecticut. When Mr.. Autilio found out what the situation really was, after the inspection, he immediately loaned her the necessary money for the application fee and his car, and instructed her to drive to Tallahassee, submit her application, pay the fee, and get her license. By that time she had received the information she needed to verify her credentials and did what he suggested. She was issued the required authorization letter the day she submitted her application and paid the fee. She took it back to Orlando with her. At the time of the inspection, however, and for the three or four weeks previous thereto, she practiced cosmetology, in Respondent's salon and with his concurrence, without the appropriate license. When Ms. Kimmig conducted her inspection on August 22, 1990, she discovered several other discrepancies, most of which were minor. Only one, some hair left in some equipment, was considered not to be minor but it is not the subject of this complaint.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that a Final Order be issued herein reprimanding the Respondent, Anthony Autilio. RECOMMENDED this 3rd day of July, 1991, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Offices 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 3rd day of July, 1991. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 91-0871 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. FOR THE PETITIONER: - 7. Accepted and incorporated herein. Rejected as contra to the evidence of record. 7 10. Accepted and incorporated herein. COPIES FURNISHED: Mark E. Harris Tracey S. Hartman, Esquire Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Robert E. Miller, Esquire Piazza, Miller & Grace, P.A. Raintree Office Park 990 Douglas Avenue Altamonte Springs, Florida 32714 Jack McRay General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Margaret Aase Executive Director Board of Cosmetology 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issue presented for decision herein is whether or not Respondent practice cosmetology without being licensed and, if so, what penalty is appropriate.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I make the following relevant factual findings: The Petitioner, Department of Professional Regulation, Board of Cosmetology, is the state agency charged with regulating the practice of cosmetology in Florida. On December 8, 1987, Leonard Baldwin, inspector for Petitioner, inspected a cosmetology salon known as "The Hairstylist" which is located at 8672 Griffin Road, Cooper City, Florida. During inspector Baldwin's routine inspection at that time, Respondent was working at the Hairstylist as a cosmetologist. Respondent had been so employed for approximately two weeks. Respondent was not licensed as a cosmetologist at the time of inspector Baldwin's inspection on December 8, 1987, nor was she licensed at the time of Petitioner's official records search on March 18, 1988. Respondent did not appear at the hearing to contest or otherwise refute the charges that she had engaged in the practice of cosmetology without a license.
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 in the amount of two hundred fifty dollars ($250.00) payable to Petitioner within 30 days of issuance of its Final Order. Respondent be issued a letter of reprimand by Petitioner with guidance instructions. RECOMMENDED this 29th day of September, 1988, in Tallahassee, Florida. JAMES E. BRADWELL 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 29th day of September, 1988.
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
