Within 14 days following a hearing, or, if no hearing is held, within 60 business days following receipt of a completed application for a massage practitioner permit, for a practitioner who is not certified as a massage practitioner or therapist by the CAMTC pursuant to the California Business and Professions Code 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.
No massage practitioner permit shall be issued if the Director finds:
The applicant has provided materially false documents or testimony; or
The applicant has not complied fully with the provisions of this Article; or
Within five years immediately prior to the date of application, the applicant has had any license or permit related to the practice of massage revoked; or
The applicant has been convicted of any of the following offenses or convicted of an offense outside the State of California that would have constituted any of the following offenses if committed within the State of California:
Any felony involving the use of coercion or force and violence upon another person; or
Any misdemeanor sexual battery; or
Any offense involving sexual misconduct with children; or
Any offense requiring registration pursuant to Section 290 of the California Penal Code.
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 one of those offenses.
If an application for a massage practitioner permit is denied, within 30 days of the date of receipt of the notice of denial, the applicant may appeal the decision by notifying the Director in writing. The notice shall set forth in detail the ground or grounds for the appeal. Within 30 days of receipt of the notice of appeal, the Director shall conduct a hearing to consider the appeal. At least 10 days prior to the hearing, the Director shall notify the applicant of the time and place of the hearing. The Director shall oversee the hearing, provide the applicant an opportunity to speak at the hearing, and issue a ruling within 30 days of its conclusion. The Director’s ruling shall be final.
(Added as Sec. 1903 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)