03-877Council File # _ Q3— �1�
Green Sheet # J b � S� ��
Presented By
Referred To
Committee: Date
1
2 RESOLVED, that the Massage Pracririoner's license (License ID No. 20020002705) held
3 by James E. Hubman, is hereby suspended until the licensee (1) submits proof of affiliation with
4 a City of Saint Paul licensed massage center or state licensed health facility, and (2) submits
5 proof of current general and professional liability insurance with a 30-day notice of cancellation
6 and with the City of Saint Paul named as an additional insured, to the City of Saint Paul licensing
7 office. This Resolution and the action taken above are based upon the facts contained in the
8 August 15, 2003 Notice of Violation letter to the licensee. The licensee did not respond to the
9 Notice of Violation letter.
Adopted by Council: Date �LO"D�LIt-� /,�.D��
Adoption Certified by Council Secretary
RESOLUTION
CITY OF SAINT PAUL,IVIINNESOTA ( 3
Requested by Department of:
(����`�.,�,�.� � �
Form Approved by City Attorney
�► ���
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
��
DeparhnenUoffice/council: Datelnitiated: v+
�p — ti�ens��uo�n�rrot 17SEP-03 Green Sheet NO: 3005418
Contact Person 8 Phone• Deoartment SeM To Person InitiaVDate
V rginia Palmer � 0 icense/I 'o nviron Pro
2 ���� A55ign 1 icense/fos 'on/EnvironPro De artmentDirector
Must Be on Council Agenda by ( te): Number 2 � p��
GD7�1��T� For
Routing 3 a or's Office Ma odASSistaot
Order 4 ouncil
5 ' Clerk C" Clerk
Totai # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Adverse action against the Massage Pracriuoners license held by James E. Hubman.
Recommendations: Approve (A) or Rejed (R): Personal Service CoMrads Must Mswer the Folfowing Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this departrnent?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firtn ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not nottnally possessed by any
curtent cily employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Jaxnes E. Hubman has failed to provide proof of affiliarion with a City of St. Paul massage center or State of MN licensed health facility.
and has failed to provide proof of current general and professional liability insurance.
AdvantaneslfApproved:
City will have enforced its licensing requirements.
DisadvantapeslfApproved:
None
DisadvaMages N Not Apprrned:
City will have failed to enforce its licensing requirements'for businesses licensed by the Ciry of St. Paul.
Total Amount of �sURevenue Budgeted:
Transaction: �.� (�����r�� �,�[!'�
Pundinp Source: Activity Number: -
Financial information: �[6 � � �00�
(Explain) �� � ,,
03-���
UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
License Type:
James E. Hubman d/b/a James E. Hubman
1919 University Avenue West, Ste 114
Massage Practitioner
Violation: 1) Failure to provide proof of affiliation with a
City of Saint Paul licensed therapeutic
massage center or state licensed health
facility;
2) Failure to submit current certificate of
general and professiona{ liability insurance
coverage with a 30-day notice of cancellation
and with the City named as additional
insured.
Recommendation of Assistant City Attorney on behalf of client, Office
of License, Inspections and Environmental Protection:
Immediate Suspension of Massage Practitioner License
Attachments:
1. Proposed resolution
2. Notice of Violation
3. 6/9/03 letter to James E. Hubman
4. License information
03
CITY OF SAINT PAUL
Randy G Kelly, Mayor
August15,2003
OFFICE OY THE CITY ATTORNEY
Mnnuel J. Cervantes, C�tyAetorney
CivilDivision
400 City Hall
15 West Xetlogg B(vd.
Snint Pai�l, Nfinnesota 55102
Te%phone: 65! 266-87/0
Facsimite: 651 298-5 6( 9
NOTICE OF VIOLATION
James E. Hubman
1919 University Avenue West, Ste. 114
St. Paul, MN 55104
RE: Massage Practitioner License held by 7ames E. Aubman for the premises located at 1919
University Avenue W., Suite #114 in the City of Saint Paul
License ID #: 20020002705
Dear Mr. Hubman:
The Office of License, Inspections and Environmental Protection (LIEP) has
recommended adverse action against your Massage Practitioner license. The basis for the
recommendation is as follows:
You were sent a letter by the Office of License, Inspections and
Environmental Protection on June 9, 2003 indicating that you
needed to submit a current certificate of insurance for the
coverage period from May 16, 2003 through May 16, 2004.
The insurance would also need a 30-day notice of cancellation
of the policy and name the City of St. Paul as an additional
insured. You were given until June 23, 2003 to submit the
insurance along with proof of affiiiation with a city or state
licensed facility, but as of today's date nothing has been
received, nor have you indicated that you oo longer �vish to do
business in Saint Paul.
The recommendation is for the immediate suspension of your Massage Practitioner
license until the required affiliation and insurance information has been provided. If you do not
dispute the above facts, you will need to submit the required affiliation and insurance information
immediately to the Office of License, Inspections and Environmental Protection to take care of
this matter. Altematively, if you are no longer in business in the City of Saint Paul, you will
need to send a letter to LIEP and inform them of that fact. Zn either case, the insurance and
affiliation information, or the letter should be directed to Ms. Christine Rozek, Office of License,
Inspections and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint
Peter Street, Saint Paul, Minnesota 55102.
AA-ADA-EEO Employer
Page 2
James E. Iiubman
August 15, 2003
03- $��
If you wish to dispute the facts, you are entitled to an evidentiary hearing before an
administrative law judge. If you wish to have such a hearing, you will need to send me a letter
stating that you are contesting the facts. You wiil then be sent a notice of hearing with the date,
time and place for the hearing, the name of the administrative law judge, and an explanation of
the procedures.
Please let me know in writing no later than Nlonday, August 25, 2003, how you wish to
proceed. If you have not contacted me by Monday, August 25, 2003, I will assume that you
are not contesting the facts stated above. I will then schedule this matter for the St. Paul
City Council and have it placed on the Consent Agenda during which no public discussion
is allowed and the recommended penalty will be imposed. -
If you have quesrions about these options, please feel free to contact me at 266-8710 to
discuss them.
Sincerely,
,. . 1
:
Virginia D. Palmer
Assistant City Attorney
cc: Ckuistine RoZek, Deputy Director of LIEP
AA-ADA-EEO Employer
�3�$��
STATE OF MINNESOTA
COUNTY OF RAMSEY
ss.
AFFIDAVIT OF SERVICE BY U.S. MAIL
Kazen M. Doumany, being first duly sworn, deposes and says that on the 1 Sth day of August, 2003,
at the City of Saint Paul, county and state aforemention, she served the attached Nofice of V iolation
by deposifing in the United States mail at said City of Saint Paul, a true and correct copy thereof,
properly enveloped, with first class postage prepaid, and addressed to the following individual:
James E. Hubman
1919 University Avenue West, Suite 114
Saint Paul, Minnesota 55104
a���� `n _ �.
1 �� �
Karen M. Doumany
Subscribed and sworn to before me this
15th day o,fi-�u�j�2_0��� A �,
Public
PETER A.PANGBORN
NOTARY PUBUC - MiNNESOTA
R1Y COrdM�SS10N
EXP�PES JAN. 31, 2�
()3'�6l"i
CTTY OF SAINT PAUL
Randy C. Ke!ly, Mapor
Date:
-�-2e63
OEFICE OF UCENSE, INSPECTIO.IS AND
ENVIR0�1'��[EN"CAL PROTECT[OY
Janeen E, Rosas, Direcfpr
LOWRY PROFESSIONAL BUILDLYG
35Q St. Peter Street, Suite 3Q0
Saen[ P¢ul, Minnesota 55102-I S!0
Te[ephone: 651-266-9090
Facsimile: 65 f -2b6-9724
Web: www.(iep.us
h'�(3-n o res rw� �
1
License #: �D2��'1� 2� C'S
Licensee: ��/y�� � . (j'y
License Type(s): I Y i(1 S�QC'� l�,l (� }�LQ�'
Your license has been placed on hold until ttie following requirements are met:
( ) Pay your license renewal fee of
Total license renewal due is �
And, late fee charges of $
tX� ( f � � � �)
Submit a current certificate of insurance: C4��/!� �� � 51 ��J!G � �i ��
(�) Coverage Period: �'j � f(r.-2G� %i through 5 ZC!�
1'he policy expiration date must coincide with the license expiration date or be filed as
"continuous until canceled"as per Saint Paui Legislative Code Chapter 310, Section 310.07(d).
( ) We require at least 30 days notice of cancellation of the insurance policy as per Saint
aul Legislative Code Chapter 7, Section 7.06.
( ) tiVe require the City of Saint Paul be named as an additional insured. (Note: Naming
t e iry of Saint Paul as certificate holder does not meet this requirement.)
( ) We require proof of liability: general / auto / professional / liquor or waiver letter
The minimum limits of liability is
( ) T'he licensed business name must be listed as the insured's name. The llcensed business
name is
( ) The licensed business address must be listed at the insured's addre�s. The licensed
business address is
( ) Submit a current original
Attach a valid Power of Attomey.
(�) Additional requirements:
•, � -
bond. In the amount of $
Please respond by •� ZL��.� . If there is no response, this office wili
begin the adverse action process to suspend your license until all requirements are met. You have the
opportunity to appeal the City's decision through this proceeding.
If you have any questions regarding this matter, please contact �W�l( at 651-266- % I o2
AA - ADA - EEO Employer
License Group Comments Tezt
Licensee: �qMES E HUBMAN
DBA: JAMES E HUBMAN
License #: y0020002705
0308,�, o�
08/01/2003 No response from licensee. To CAO for license suspension. CAR
06/09/2003 Letter sent requesting professionai and general Iiability and proof of affiliation. LAB
�3' �1
03- �
E*R�w_.s�aas«-n�sic..,�'*,simua^.d DBA �AAESEMJFAUN__ _" _
Ttl¢� LYrnte � �eMw � l¢ TYMS � YlswxCe � . B»] _ � Re�T���metls � _._ . ' _ " ___" _
S ' f%IX�Y r Lkenm C• Uwffidd AM�CFxNe[v ASLwCpN.COFfPJE .
STG� StreMR 919 :A�e�scACtixCCVncerts
9rea ,54ee1Nmr' Y �
�a , SbediYV� AVE ... � pWim `+
UYM SLrtE tFSt. 1{ . I
�E <AY SIPNIL � :LxxnxeGraPL �Ys
�'; I 11UO3NOrezptteelrmnYCemee ToCAOIa
i Selv MN '�3 � C fi5t09 ' cmecfian CPR
�' ��d � � A
1�mi q5lcamcY� ; enxeleeb@yetdpropfaaHdMUnLPB
I ,
��L'censee 1LMESEnJ9MPN �cwee
�OBA �A��I.ESE�tLBMM1H ��� Lomm&tls
I$•IlSTBYYSWN �BYSPM' SI1M 'R].(iGM1I
o -�-��
C�3-
E� ,,:��,�;:_��;_,.,m.--va�.,.�� �, ��sE�
iWg°� " Lcenx � �cmax �� Lc TYPoS twrmrn � BYA �RW�+�emeNS�
�re3 L'ce�eTypc hacGmc
sre; � tmt �
� F¢vexeType Rafes atL'eE11Y
vacyr »zm� �
Qra�
4N "t : �� P6 Y TOL IdElMiY COF➢
Aatlrcz
�'' . FliPxt ��
�y' �._____ .. . ` _. ._ ` `
ry� . Elfetlm SA6200� ��YLMs 'nsvanceReG'tl�
—� �Expretrn. 620p3 WB8C81AGG52.000,0008 DeySiaCg�cMr jp
' Cadnloux ` ACMOIX,'EtA41.OW CaCekd q�Appp
� Ciybaxetl r _. . CscdRec'd
..t nt ' —__— —_—_ . . �
i M�Y FR�F%uTIHCiAGF.NC'
i Adtlreu 45ftU1H5TN.5TPAtl
`ffmef. fi5i) - . Ca
� ot t