(A) Notice of violation and hearing. Upon information received by the City that a massage practitioner or regulated facility licensed under the provisions of this chapter has failed to fully comply with the provisions of this chapter, the City Clerk shall give written notice to the licensee advising him or her of the purported noncompliance, that the establishment of the noncompliance shall subject the licensee to a revocation of his or her license and setting forth a date and time for a hearing as to the purported noncompliance, which date and time shall be at least seventy-two (72) hours following notification of the same.
(B) Time of hearing. Hearings concerning noncompliance may be heard at a regularly scheduled meeting of the Board or at a special meeting thereof.
(C) Recitation of violation at hearing; presentation of evidence by licensee. At all hearings held pursuant to this section, the City Clerk shall orally inform the licensee of the purported noncompliance with this chapter. The licensee shall in turn be given full opportunity during the period of one hour to present witnesses and any evidence in his or her behalf which would support his or her position of compliance.
(D) Presumption of compliance. At all hearings, the licensee shall be entitled to a presumption of compliance with the provisions of this chapter.
(E) Results. The results of the hearing shall be made known to the applicant within seventy-two (72) hours following the hearing, notification shall be as follows.
(1) The Board shall either make a finding of compliance with this chapter and notify the licensee of the finding in writing, mailed to the licensee at the address listed on his or her application for license; or the Board shall make a finding of noncompliance and shall set forth in writing and mail to the licensee, at the address listed on his or her application, findings of fact supporting a revocation.
(2) Upon a finding of noncompliance, the Board shall notify the Police Chief of the City of their finding, and the Police Chief shall take the license into his or her custody and return the same to the City Clerk.
(1989 Code, § 9-11) (Ord. passed 7-24-1972; Ord. 01-05, passed 6-11-2001; Ord. 11-O-04, passed 3-28-2011)