STATE OF NEW YORK
DEPARTMENT OF STATE
OFFICE OF ADMINISTRATIVE HEARINGS
298 DOS 99
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RONNIE DALE DERREBERRY,
Applicant for Renewal of a Cosmetology License,
-against- DECISION
DIVISION OF LICENSING SERVICES,
Objector.
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ADMINISTRATIVE LAW TRIBUNAL
123 William Street, New York, NY 10038
Held: November 18, 1999
Felix Neals, Supervising Administrative Law Judge
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The applicant, Mr. Ronnie Dale Derreberry, 135 Montgomery Street, Apt. 7E, Jersey City, NJ 07302, represented himself.
The complainant, the Division of Licensing Services, was represented by Mr. Thomas Napierski, Legal Assistant II, 84 Holland Avenue, Albany, NY 12208.
ISSUE
Under the provisions of General Business Law, §411, State Administrative Procedure Act, Articles 3 and 4, and 19 New York Codes, Rules and Regulations, Part 400, the applicant requests a review of the Division of Licensing Services' denial of his application for a cosmetology license because of a lack of good character and trustworthiness. The Division of Licensing Services' denial alleges that the applicant submitted false statements and altered documents in an attempt to obtain licensure.
SUMMARY OF EVIDENCE
Evidence admitted included the following:
A. EXHIBITS.
1. The notice of hearing and the complaint.
2. The renewal application for a cosmetology license submitted to the Division of Licensing Services.
3. Temporary cosmetology license application with attachments.
4. Certified statements of the Division of Licensing Services regarding the licensure history of the applicant.
5. Correspondence between the applicant and the Division of Licensing Services.
6. Letters from appearance enhancement customers regarding the applicant's services.
B. WITNESSES. Mr. Stephen Cavota, License Investigator of the Division of Licensing Services testified regarding his investigation. Mr. Ronnie Dale Derreberry testified regarding the allegations of the Division of Licensing Services.
FACTS
By the substantial evidence, I find the following facts:
Mr. Ronnie Dale Derreberry was a licensed cosmetologist in New York until August 31, 1992, when his last, approved, license renewal expired. He filed both a renewal application for a regular cosmetology license and an application for a temporary cosmetology license. He was issued a temporary cosmetology license for a six-month term, December 15, 1998, until June 15, 1999.
Attached to the applications were: (1) an executed affirmation that the statements made in the applications were true; (2) a photocopy of a cosmetology license number 264526, issued to Ronnie Dale Derreberry, with handwritten dates of 08-31-92 (effective date) and 08-31-96 (expiration date); and (3) an appearance enhancement business license number 349808, issued to Ronnie Dale Derreberry for the term June 27, 1991, to June 27, 1993.
Mr. Ronnie Dale Derreberry testified that he wrote in the effective and expiration dates of 08-31-92 and 08-31-96 on the license because the dates were not distinguishable and he believed that the licensure was for four years.
The tribunal does not find Mr. Derreberry's testimony to be credible. He renewed prior, two-year term cosmetology licenses.
OPINION
General Business Law, Article 27, was enacted and 19 New York Codes, Rules and Regulations, Part 160, was adopted to ensure the safety, welfare, and health of persons who patronize appearance enhancement businesses, and therefore authorizes the licensing agency to examine the qualification and fitness of applicants for licensure (General Business Law, §§402 and 404).
General Business Law, §406, permits the Division of Licensing Services to issue a temporary cosmetology license to an applicant who has filed an application for renewal of a regular cosmetology license.
General Business Law prescribes as follows: all licenses issued under General Business Law, Article 27, shall expire two years from the date of issuance (§408[1]); any person who fails to file for renewal of a cosmetology license within five years of the date of termination shall be ineligible for renewal of the license until the person has successfully passed the specific examination required by General Business Law, §406 (§408[7]).
The changing of the termination date of the license to August 31, 1996: (1) permitted the applicant to unlawfully obtain a temporary cosmetology license without examination (General Business Law, §406[2e], and 19 New York Codes, Rules and Regulations, §160.5); and (2) attempted to obtain an unlawful renewal of the prior cosmetology license (General Business Law, §408[7]). The applicant's action indicates a lack of good character and trustworthiness.
CONCLUSIONS OF LAW
Based on the foregoing findings of fact and opinion and as a matter of law, I conclude:
The applicant, Mr. Ronnie Dale Derreberry: (1) failed to prove by substantial evidence that he possesses the fitness required for licensure as a cosmetologist (General Business Law, §406); and (2) failed to timely file for a renewal of a license within the five-year statutory limitation (General Business Law, §408[7]).
ORDER
Based on the foregoing findings of fact, opinion, and conclusion of law and under the provisions of General Business Law, §411:
I ORDER that the application of Mr. Ronnie Dale Derreberry for a renewal of a cosmetology license is denied.
SO ORDERED: November 30, 1999.
Felix Neals
Supervising Administrative Law Judge