SEC. 29.18. SUSPENSION OR REVOCATION OF MASSAGE PRACTITIONER PERMIT.

   (a)   Grounds for Suspension or Revocation. The Director may revoke or suspend any Massage Practitioner permit if the Director finds:

      (1)   Facts sufficient to support denial of a Massage Practitioner permit on any ground set forth in Section 29.12; or

      (2)   The Massage Practitioner has violated the conduct requirements in Section 29.17; or

      (3)   The Director finds that there is good cause to suspend or revoke the permit in accordance with Sections 24 or 26 of Article 1 of the Business and Tax Regulations Code; or

      (4)   The Massage Practitioner has violated any of the provisions of this Article 29 or a rule or regulation adopted by the Director related to the practice of Massage; or

      (5)   The Massage Practitioner has not paid the Massage Practitioner Fee as required by Section 29.40 of this Article 11,1 and 30 days have elapsed since notice of delinquency.

   (b)   The Director may not suspend or revoke a Massage Practitioner permit under this Article 29 until the Director has issued a Notice of Violation and provided the Massage Practitioner an opportunity to be heard and respond as provided in Section 29.43 of this Article 29.

   (c)   Notwithstanding subsection (b) of this Section 29.18, the Director may suspend summarily any Massage Practitioner permit issued under this Article 29 when, in the judgment of the Director, an extreme public health hazard requires such summary suspension. The Director shall provide written notice of such summary suspension to the permit holder by hand delivery, registered mail, or electronic mail. No more than three days after written notice of such summary suspension is given, the Director shall issue a Notice of Violation identifying the alleged acts or failures to act that constitute the basis for the summary suspension, and provide the Massage Practitioner an opportunity to be heard and respond as provided in Section 29.43 as to why the summary suspension should end. However, the time for hearing and decision shall be accelerated as follows: Upon a timely request for a hearing, the Director shall set any requested hearing within seven days, unless time is extended by mutual agreement of the affected parties; and the Director, or a designated hearing officer who shall have the same authority as the Director to hear and decide the case, and make any orders consistent with this Article 29, shall issue a decision on the summary suspension within three days after hearing.

   (d)   If the Permittee appeals a decision by the Director or hearing officer upholding a summary suspension to the Board of Appeals, the summary suspension shall remain in effect until a final decision is issued by the Board of Appeals. Where a permit is revoked after a summary suspension, the revocation shall be effective immediately and, if the Permittee appeals to the Board of Appeals, shall remain in effect until a final decision is issued by the Board of Appeals.

(Added as Sec. 1907 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.8 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. 29.18 added as Sec. 1918 by Ord. 269-03, File No. 030995, App. 12/5/2003; amended by Ord. 140-09, File No. 090403, App. 7/2/2009; redesignated by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; repealed by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)

CODIFICATION NOTE

1.   So in Ord. 272-18.