The Issue Respondent's alleged violation of Section 477.14(1) & 477.17, Florida Statutes. Receipt of Administrative Complaint and Notice of Hearing was acknowledged by Respondent. (Exhibit 1)
Findings Of Fact On May 20, 1975, Respondent was employed at the Elizabeth Arden cosmetology salon, 340 Miracle Mile, Coral Gables, Florida. This salon operates under Certificate of Registration No. 21626 issued by Petitioner on May 8, 1975. Petitioner's inspector had seen an ad in the Miami Herald to the effect that Respondent was employed at that establishment and she was aware of the fact that he did not hold a current cosmetologist license. She visited him on May 20, 1975 and he stated at that time that he had applied for a license. The inspector checked with Petitioner's records personnel and discovered that his license had not been renewed at that time. (Testimony of Padrick) Respondent submitted letters dated June 25, 1976 in which he stated that he had planned to attend his hearing but was unable to do so because of illness in the family. He further stated that he had been a licensed cosmetologist in the State of Florida for over 20 years, and previously one in Illinois for over six (6) years. He stated that he had severe medical problems and went out of the beauty field for approximately two years and when the job opportunity at Elizabeth Arden came along he forwarded a check for $35.00 to Petitioner to reinstate his cosmetology Certificate and that when Petitioner's inspector entered the shop on May 20, 1975, his new license had not yet been received. However, he did show her the check stub. They then jointly called Petitioner's Winter Haven office and he was advised that the check had not been received but that he should send a money order and his old license stub. He did so and his license was received on June 14, 1975. (Statement of Respondent)
Recommendation That the allegation against 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 COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Robert Wintermute c/o Elizabeth Arden 340 Miracle Mile Coral Gables, Florida
Findings Of Fact On February 2, 1989, an inspector from the Department of Professional Regulation visited the Main Street Salon in Tampa and observed Patricia Shields, Respondent, alone in the salon practicing cosmetology. When he asked to see her license, Respondent presented the application for licensure which she had previously submitted to the Petitioner on September 2, 1988, and which was stamped received September 6, 1988. This application was returned to Respondent with notation that she had to get a confirmation from the state officials in Massachusetts that she held a valid cosmetology license in Massachusetts. After two attempts, Respondent received confirmation from Massachusetts that she held a valid cosmetology license in that state, and after November 15, 1988, Respondent submitted this information to the Department. This completed her application, including prescribed fees. Subsequent to November 15, 1988, Respondent inquired of a local cosmetology school if she could work as a cosmetologist after submitting a completed application, but before receiving a Florida license, and was told that she could. She was told that graduates from the beauty school could lawfully work as cosmetologists after graduating and applying for license, but before receiving a valid Florida license. Since Respondent had more training (1000 hours) than did graduates from this cosmetology school and had actually practiced cosmetology since 1984, she did not deem it necessary to contact Petitioner to confirm her qualifications to work as a cosmetologist--and did not do so. On February 3, 1989, license CL-0160553 was issued and mailed to Respondent licensing her to work as a cosmetologist in Florida (Exhibit 1). She received this license February 6, 1989, four days after the inspector had visited the Main Street Salon. At the time of the inspector's visit, February 2, 1989, Respondent, at the instigation of the investigator, signed a Cease and Desist Agreement in which she agreed to cease and desist from any future violations of Chapters 455 and 477, Florida Statutes (Exhibit 3). No evidence was presented that Respondent violated the Cease and Desist Agreement. Respondent frankly admitted that she had worked as a cosmetologist some five or six weeks before February 2, 1989, under the misapprehension that she could legally do so. Her primary objection here is to Petitioner's insistence that she pay a $500 penalty to retain her license.
Recommendation It is recommended that Patricia Shields be found guilty of practicing cosmetology without a valid license and that she be issued a written admonition. ENTERED this 30th day of October, 1989, in Tallahassee, Florida. K. N. AYERS 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 30th day of October, 1989. COPIES FURNISHED: Jack L. McRay, Esquire Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 Patricia Shields 5607 21st Street Tampa, Florida 33610 Myrtle Aase Executive Director Board of Cosmetology Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 Kenneth D. Easley General Counsel Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 =================================================================
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.
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.
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.
Findings Of Fact At all times material hereto, Katherine Zavattaro was licensed to practice cosmetology in the State of Florida, having been issued license number CL 0076721. At all times material hereto, Katherine Zavattaro was licensed to operate a cosmetology salon named Kit's Beauty Spot and located at 3169 East Atlantic Boulevard, Pompano Beach, Florida. On January 25, 1968, Linda Jones was issued Florida cosmetologist license number CL 0060025. This license was subject to a biennial renewal condition that required it to be renewed by June 30 of each even-numbered year. (See Rule 21F-18.06, F.A.C. quoted in pertinent part below). On January 26, 1984, an inspector employed by Petitioner, observed Jones performing cosmetology services during a routine cosmetology salon inspection of Kit's Beauty Spot. Jones was unable to produce a current, active Florida cosmetologist license upon demand by the inspector. The license posted at Jones' work station had expired on June 30, 1982. Jones told the inspector that she had mistakenly left her current license at home. However, a check of Petitioner's licensing records indicated that Jones had never renewed the license which expired on June 30, 1982. A further check of Petitioner's files subsequent to the hearing revealed no correspondence or other evidence which would support Jones' claim. Jones testified under oath at hearing that in May, 1982, she applied to renew her Florida cosmetologist license. She further testified that around August, 1982, when she had not yet received her renewed license, she made a telephone call to Tallahassee, and was informed that her renewal application had not been received. She testified that in October or November, 1982, she reapplied to renew her cosmetologist license and that near the end of December, 1982, she received her renewed license. Respondent Jones was unable to produce any documentary evidence to corroborate this testimony. She stated that she apparently lost the license as well as the money order receipt which would have supported her claim that she tendered the license renewal fee. Petitioner and Respondent Jones were given a further opportunity to search for evidence of license renewal or attempted renewal. However, no late-filed exhibits were submitted which would support Jones' testimony. At all times material hereto, Katherine Zavattaro was the owner of Kit's Beauty Spot. In June, 1982, she hired Linda Jones to work there as a cosmetologist while Jones' license was still active. She did not require Jones to produce a current Florida cosmetologist license thereafter, and apparently relied on Jones' claim of renewal and her own knowledge that Jones had previously been employed at other cosmetology salons. Jones continued to work for Zavattaro as a cosmetologist at Kit's Beauty Spot, and was so employed at the time of Petitioner's inspection on January 26, 1984. The conflicting evidence regarding Jones' licensure status is resolved against her. Respondent Jones' inability to produce any evidence to support her testimony that she had paid for and/or been issued a license, along, with the absence in Petitioner's public records of any evidence that such license had been applied for, paid for or issued, establish that Jones' testimony is a product of mistake or fabrication.
Recommendation Based on the foregoing, it is RECOMMENDED that Petitioner enter a Final Order fining Respondent Linda Jones $500, and issuing a reprimand to Respondent Katherine Zavattaro, DONE and ENTERED this 13th day of September, 1984, in Tallahassee, Florida. R. T. CARPENTER 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 13th day of September, 1984.
Findings Of Fact The Respondent was duly sworn. Notice of Service was entered without objection and marked Exhibit 1. The Complaint with Election of Remedies attached thereto was entered into evidence as Exhibit 2 without objection. Respondent was practicing cosmetology as charged by the Board. Respondent is not a registered licensed cosmetologist.
Recommendation Dismiss the Complaint. August 27, 1975 Date 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 Post Office Box 1752 Tallahassee, Florida Gloria Gann 178 Highland Street Cocoa, Florida Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087 Winter Haven, Florida 33880
