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(a) Time for Decision. Within 90 business days following receipt of a completed application for a Massage Practitioner permit, the Director shall either issue the permit or mail a written statement of his or her reasons for denial thereof to the applicant. If the Director takes neither action, the permit shall be deemed issued.
(b) Grounds for Denial. No Massage Practitioner permit shall be issued if the Director finds:
(1) The applicant is exempt from the permit requirement pursuant to Section 29.10; or
(2) The applicant has provided materially false information, documents, or testimony in support of the application or in any other matter before the Director; or
(3) Within five years immediately prior to the date of application, the applicant has had any license, certificate, or permit related to the practice of Massage revoked or, if from another jurisdiction, suspended under circumstances that qualify for revocation under this Article 29, or is currently the subject of an unresolved disciplinary process that may result in suspension or revocation; or
(4) The applicant has been Convicted of any of the following offenses:
(A) Any felony involving the use of coercion, force, or violence upon another person; or
(B) Any misdemeanor sexual battery; or
(C) Any offense involving sexual misconduct with children; or
(D) Any offense requiring registration pursuant to Section 290 of the California Penal Code or, for Convictions outside California, any offense requiring registration in California under Penal Code Section 290.005; or
(5) The applicant has failed to satisfy the education requirements or pass the Massage proficiency test; or
(6) The Director concludes that there is good cause to deny the permit in accordance with Section 26 of Article 1 of the Business and Tax Regulations Code; or
(7) The applicant has not fully complied with the provisions of this Article 29; or
(8) The applicant has not demonstrated eligibility for a permit under this Article 29.
(c) Discretionary Exception for Criminal Convictions. The Director may issue a Massage Practitioner permit to any individual Convicted of one of the offenses listed in subsection (b)(4) of this Section if the Director finds that the offense was not violent, the conviction occurred at least five years prior to the date of application, and the applicant has not been Convicted subsequently of a listed offense.
(d) Right to Director’s Hearing. If an application for a Massage Practitioner permit is denied, the applicant may appeal the denial within 15 days of the date listed on the notice of denial by notifying the Director in writing and explaining in detail the ground or grounds for the appeal. The Director shall conduct a hearing to consider the appeal within 60 days of receiving the notice of appeal and shall notify the applicant of the time and place of the hearing at least 10 days in advance of the hearing. The Director shall oversee the hearing, provide the applicant an opportunity to speak at the hearing, and issue a ruling within 60 days of the conclusion of the hearing. The Director’s ruling shall be the final decision of the Department. If the Director does not rule within 60 days of the conclusion of the hearing, the permit denial shall be deemed sustained.
(Added as Sec. 1903 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.4 and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015; amended by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)
(Former Sec. 29.12 added as Sec. 1910 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; amended by Ord. 266-13, File No. 130789, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.27 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
(Added as Sec. 1904 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.5 and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; amended by Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014; redesignated and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015; repealed by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)