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
Findings Of Fact A complaint and Notice of Hearing to show cause was issued against Respondent, Mary Jorge, and a copy of notice of violation was served upon her citing her for operating a cosmetology salon without direct supervision and mangement of a master cosmetologist. The complaint was dated May 24, 1974. The Respondent was renoticed to appear at the subject hearing inasmuch as she failed to appear or moved for a continuance at the original hearing date The Respondant testified and presented witnesses to show that although there was no master cosmetologist in the shop at the time of the inspect ion by the Petitioner there was no work being done in the shop during the time the master cosmetologist was out of the shop at the lunch period. There is insufficient evidence to show that the Respondent was performing the business of cosmetology at the time that the violation notice was written.
Recommendation Dismiss the complaint. DONE and ORDERED this 18th 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 Post Office Box 1752 Tallahassee, Florida 32302 Mary Jorge 7742 W. Hillsborough Tampa, Florida 33615
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 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.
