(a) The denial, revocation or nonrenewal of a massage practitioner license or a massage establishment permit shall continue for one year, and the applicant or licensee/permit holder shall not be issued a massage practitioner license or massage establishment permit for one year from the date denial, revocation or nonrenewal becomes effective; provided, however, that if the license/permit was denied or revoked under § 832.11(c), an applicant shall not be granted another license/permit at any time, and if the license/permit was denied or revoked under § 832.06(a) or (b), § 832.07, or § 832.11(a)(2) or (b), an applicant shall not be granted another license/permit until ten years have elapsed from the date of conviction.
(b) The suspension of a massage practitioner license or a massage establishment permit shall continue for a specified period not to exceed one year.
(c) The fact that a conviction is being appealed or a judgment of guilt is subsequently set aside shall have no effect on the denial, suspension, revocation or non-renewal of a license/permit under this section.
(d) Appeal of denial, revocation or nonrenewal of a massage practitioner license or a massage establishment permit shall be made to the Office of Administrative Hearings within 30 days of issuance of decision by Police Chief or their designee.
(1) A person may request a hearing before a hearing examiner to contest the decision of Police Chief or their designee. The written request for hearing shall be filed with the Office of Administrative Hearings. The Office of Administrative Hearings shall set a date for the hearing and notify the person, in writing, of the date, time and location of the hearing. The hearing shall be public and a record of the hearing shall be maintained. The hearing may be informal, but all testimony shall be under oath.
(2) All hearings shall be scheduled within ten calendar days of receipt of a request for a hearing. Hearings will be held within 30 calendar days from the date the request for a hearing is filed. Any hearing date may be modified if such modification is agreed to by the appellant, by the city and by the hearing examiner, or if such modification is necessary in the interest of justice.
(3) The hearing examiner shall enter into the record of the proceedings the notice of the decision by the Police Chief or their designee and any other relevant information.
(4) The hearing examiner shall issue a written decision and make findings of fact from the record and conclusions of law in support of the decision within ten calendar days from close of the hearing. The findings and conclusions shall demonstrate that the decision is consistent with applicable laws, ordinances, regulations and the interest of justice.
(Ord. O2021-36, passed 5-4-2021)