Findings Of Fact At all times material to this case, the Respondent, Arled Corp., d/b/a Cadris Hair Design, has been licensed to operate a cosmetology salon in the State of Florida, having previously been issued license number CE 0046212. At all times material to this case, the Respondent corporation has been the owner and operator of a cosmetology salon known as Cadris Hair Design, which is located at 13635 Southwest 26th Street, Miami, Florida 33175-6377. On December 26, 1991, during the course of a routine inspection, an inspector employed by the Department of Professional Regulation discovered that Liliam de la Portilla was practicing a cosmetology specialty on the licensed premises without having a valid license to practice a cosmetology specialty. Further investigation revealed that Liliam de la Portilla had been practicing a cosmetology specialty on a regular basis on the licensed premises since approximately the middle of September of 1991. Liliam de la Portilla has previously been licensed to practice a cosmetology specialty, but her last license expired on June 30, 1990. During the period from the middle of September of 1991 through December 26, 1991, Liliam de la Portilla did not have a valid license to practice a cosmetology specialty in the State of Florida. Ms. Gladys Scheer is, and was at all material times, the president of and owner of Arled Corporation. Ms. Scheer granted permission for Liliam de la Portilla to practice a cosmetology specialty on the premises of Cadris Hair Design. Liliam de la Portilla was not an employee of Cadris Hair Design, but merely paid rent for the right to practice a cosmetology specialty on the premises of Cadris Hair Design. Ms. Gladys Scheer has known Liliam de la Portilla for approximately ten years. Ms. Scheer knew that Liliam de la Portilla had previously been licensed to practice a cosmetology specialty and assumed, but did not verify, that Liliam de la Portilla was still licensed. In September of 1991 when Ms. Scheer first allowed Liliam de la Portilla to practice a cosmetology specialty on the premises of Cadris Hair Design, she was not aware that Liliam de la Portilla's license had expired. Following the inspection on December 26, 1991, Ms. Gladys Scheer told Liliam de la Portilla that the latter could no longer practice a cosmetology specialty on the premises of Cadris Hair Design until such time as she was properly licensed.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that the Board of Cosmetology enter a Final Order concluding that the Respondent is guilty of violating Section 477.029(1)(c), Florida Statutes, and imposing a penalty consisting of a reprimand and an administrative fine in the amount of $100.00. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 3rd day of August 1992. MICHAEL M. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SC 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of August 1992. COPIES FURNISHED: Theodore R. Gay, Esquire N-607 Rhode Building Phase 2 401 Northwest 2nd Avenue Miami, Florida 33128 Charles F. Tunnicliff, Bureau Chief Department of Professional Regulation Suite 60 1940 North Monroe Street Tallahassee, FL 32399-0792 Ms. Gladys Scheer, President Cadris Hair Design 13635 Southwest 26th Street Miami, Florida 33175-6377 Kaye Howerton, Executive Director Board of Cosmetology Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue At issue in this proceeding is whether respondent committed the offenses set forth in the administrative complaint and, if so, what disciplinary action should be imposed.
Findings Of Fact Respondent, Angela Maria Wynter, has not, at any time material hereto, been licensed to practice cosmetology in the State of Florida. On January 25, 1992, during a routine inspection of Geta's Beauty Phase II, 19905 Northwest 2nd Avenue, Miami, Florida, respondent was observed "combing out" the dry hair of a woman seated in a beauty chair. When asked for her cosmetology license, respondent replied that she did not have one because she was only the shampoo girl. When informed that the services she was performing were beyond those of shampooing, which the inspector advised were limited to washing the hair and drying it with a towel, respondent ceased her activities and the customer moved to another chair where she was attended by a licensed person. 1/ Regarding respondent's employment at the salon, the proof demonstrates that she was employed to work Saturdays, at a rate of $30.00 a day, to shampoo customers' hair, and had been so employed for approximately three weeks before the subject inspection. In addition to shampooing hair, respondent's employment also included "combing out" customers' hair after it had been dried. Respondent was not, however, shown to have engaged in hair arranging or styling, as those terms are commonly used, nor was she shown to have engaged in hair cutting or other activities that might be perceived as the practice of cosmetology as defined by Section 477.013(4), Florida Statutes, discussed infra, or to have held herself out to the public as being available to perform such activities.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be rendered dismissing the administrative complaint. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 14th day of April 1993. WILLIAM J. KENDRICK 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 14th day of April 1993.
The Issue The issue for disposition is whether William Engelleiter practiced cosmetology without a license, and if so, what action is appropriate.
Findings Of Fact Nita Spagnole is an investigator for the Department of Professional Regulation (DPR) in the Orlando, Florida office. On March 22, 1988, she visited the Apollo Hair Designs Salon in Melbourne, Florida, to gather affidavits for another case. William Engelleiter was in the salon and was pointed out to her as a cosmetologist. He was in the area, talking to a customer, watching TV and visiting with the other workers. She did not observe him working on hair or otherwise practicing cosmeto1ogy. Ms. Spagnole later pulled his name on the agency computer and learned that he did not have a license. William Engelleiter attended cosmetology school but did not pass the board examination. He is diabetic and frequently ill. He met the Blough's, the owners of Apollo Hair Design at a flea market. They were giving away free samples and said they needed a receptionist. Engelleiter was hired to work as a receptionist until he was able to pass the examination. He started work at Apollo on January 25, 1988, and was still employed as a receptionist in March, 1988. He left shortly later due to illness. From time to time at the salon, William Engelleiter did his mother's hair and worked on the owner's daughter and other cosmetologists, but he claims that he never received compensation for those services. His mother confirmed this. David Simon, a friend of Engelleiter's, went to the salon to buy a hairpiece. He wanted Engelleiter to get the commission but was told that he could not, because he was not a cosmetologist.
Recommendation Based on the foregoing, it is, hereby RECOMMENDED: That the administrative complaint dated May 20, 1988 be dismissed. DONE and RECOMMENDED this 9th day of December, 1988, in Tallahassee, Florida. MARY CLARK 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 9th day of December, 1988. COPIES FURNISHED: Ronald L. Jones, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 William R. Engelleiter 1964 McKinley Avenue Post Office Box 24A Melbourne Beach, Florida 32951 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Bruce D. Lamb General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue The issue for determination is whether the alleged violations occurred and, if so, what disciplinary action is appropriate.
Findings Of Fact Respondent, Great Expectations Precision Haircutters, is a cosmetology salon located in Melbourne, Florida. Its owner, Twin Towers Hair Stylists, Inc. is a New York corporation authorized to do business in Florida. Sharon Bross manages the salon and is the corporate owner's resident agent in Florida. The amended administrative complaint in this proceeding was served, by certified mail, on Sharon Bross. In August 1987, Sara Kimmig, an inspector for various boards within the Department of Professional Regulation, visited the Respondent salon in Melbourne. She found the salon open and conducting business, with three persons in the waiting area and four operators engaged in performing services. She found that the salon's license number CE 0038872 expired in October 1986. The salon opened for business in April 1986. All licenses expire on October 31st of even-numbered years, therefore the license expired shortly after it was obtained. Ms. Bross was informed of the violation and she immediately applied for and obtained a renewal license. At the hearing, Ms. Bross conceded that the license had expired, but that she had not received a renewal notice and the expiration was an oversight. The license on its face, however, indicates the October 31, 1986, expiration date. There was no evidence of past or other concurrent violations by this salon.
Recommendation Based on the foregoing, it is, hereby RECOMMENDED: That Respondent be found guilty of the violations, as charged, and fined $500.00 DONE and RECOMMENDED this 5th day of August, 1988, in Tallahassee, Florida. MARY CLARK 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 5th day of August, 1988. COPIES FURNISHED: Charles Tunnicliff, Esquire Ray Shope, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Sharon Bross, Resident Agent Twin Towers Hair Stylists, Inc. Great Expectations Precision Haircutters 1525 West New Haven West Melbourne, Florida 32904 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 William O'Neil, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue The issue in this case is whether Respondent engaged in the practice of cosmetology without a license, a legally prohibited act which, if performed, would warrant the imposition of sanctions.
Findings Of Fact Respondent Reyna I. Guzman ("Guzman") is an individual who, at all relevant times, was employed as a cashier or administrative assistant at Koko Cuts Hair and Color Salon ("Koko Cuts") in Miami, Florida. Although Koko Cuts is a Florida-licensed salon, Guzman herself is not licensed in Florida as a cosmetologist. On February 2, 2006, two investigators of Petitioner Department of Business and Professional Regulation ("Department") entered Koko Cuts to perform an inspection. They observed Guzman "working on" a woman's hair. The woman was sitting in a stylist's chair and appeared to be a regular customer. In fact, however, the "customer" was Guzman's sister. Guzman's boss had granted Guzman permission to color her sister's hair, using the chemicals and supplies on hand at the salon. Guzman was performing this service for her sister for free. Guzman testified credibly, and the undersigned finds, that Guzman was not paid any money for coloring her sister's hair. There was, moreover, neither clear and convincing, nor even merely persuasive, evidence that Guzman received any other service or thing of value in consideration for the work that she performed on her sister's hair. Based on the instant record, it is determined, as a matter of ultimate fact, that Guzman received no "compensation"— —as that term is defined in Florida Administrative Code Rule 61G5-18.00015——in exchange for performing the service of coloring her sister's hair.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Cosmetology enter a final order acquitting Guzman of the charges that the Department brought against her in this proceeding. DONE AND ENTERED this 14th day of September, 2006 in Tallahassee, Leon County, Florida. S JOHN G. VAN LANINGHAM 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 14th day of September, 2006. COPIES FURNISHED: Reyna I. Guzman 2257 Southwest 3 Street Miami, Florida 33135 Charles Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 Robyn Barineau, Executive Director Board of Cosmetology Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0790 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issue in this case is whether disciplinary action should be taken against the licenses of A Dazzles Hair Designers and Noris Quintana (Respondents) based upon violations of Sections 477.029(1)(a) and (h), and 477.0265(1)(a), Florida Statutes, as alleged in the Administrative Complaint filed against Respondents in this case.
Findings Of Fact At all times material hereto, Nicholas Montano has been the owner and operator of a cosmetology salon named A Dazzles Hair Designers located at 7317 Miami Lakes Drive, Miami Lakes, Florida, which has been issued license number CE-0041059. Noris Quintana has been employed, at all times material hereto, at A Dazzles Hair Designers. She is not licensed as a cosmetologist in the State of Florida, but has been issued specialty license number FV-0510891 under the provisions of Section 477.013(6)(a) and (b), Florida Statutes, which authorizes the holder thereof to perform manicures and pedicures, but not facial services as described in Section 477.013(6)(c), Florida Statutes. Respondents do not dispute this limitation on Quintana's specialty license. The Department is the state agency with responsibility to file and prosecute administrative complaints alleging violations of Chapters 455 and 477, Florida Statutes, in accordance with Chapter 120, Florida Statutes. There is no evidence in the record of any prior license disciplinary action involving Respondents. On or about September 22, 1989, the Department's investigator, Richard J. Braun, conducted an inspection of A Dazzles Hair Designers and observed Noris Quintana, an employee at A Dazzles Hair Designers, remove wax or some other facial compound from a customer's face. Nicholas Montano and Noris Quintana admitted that Quintana did remove wax from the customer's face on the day when Braun conducted his inspection. Therefore, it is clear that Quintana was performing facial services for this client. Subsequent to the facts involved in this case, all facial chairs have been removed from A Dazzles Hair Designers, and wax facials are no longer performed at this salon. On or about July 28, 1990, an inspection of the salon was conducted by another inspector of the Department, and at that time it was found that all cosmetologists and specialists were properly and currently licensed for the activities in which they were engaged.
Recommendation Based upon the foregoing, it is recommended that the Board of Cosmetology enter a Final Order imposing an administrative fine of $200 on the Respondent A Dazzles Hair Designers, and an administrative fine of $125 on Noris Quintana. RECOMMENDED this 13th day of February 1991 in Tallahassee, Florida. DONALD D. CONN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Filed with the Clerk of the Division of Administrative Hearings this 13th day of February 1991. COPIES FURNISHED: Michael Mone', Esquire 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 Nicholas Montano A Dazzles Hair Designers 7317 Miami Lakes Drive Miami Lakes, FL 33014 Noris Quintana 7060 West 2nd Lane Hialeah, FL 33014-5314 Jack McRay, Esquire General Counsel 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 Myrtle Aase, Executive Director Board of Cosmetology Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399-0792
