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08-562CITY Presented by council File # b$ — 5 �a' Green Sheet #;��?�� RESOLUTION 41�IT�AUL, MINNESOTA �1.� 1 WHEREAS, adverse action was initiated against the Massage Practitioner license held by Dawn M. 2 Rude (License ID#20060003061) for the premises located at 2145 Ford Pazkway, Ste. 20, in Saint Paul by 3 Notice of Intent to Suspend License dated Apri129, 2008, alleging licensee failed to pay delinquent license 4 and late fees in the amount of $123.00; and 5 6 WHEREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the 7 allegarion or submit the delinquent license and late fee payment; and 9 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the 10 allegation or submit the delinquent license and late fee payment by May 9, 2008, that the matter would be 11 placed on the consent agenda to impose the recommended penalty; now, therefore, be it 12 13 14 15 16 17 18 RESOLVED, that the Massage Practitioner license held by Dawn M. Rude is hereby suspended. Requested by Department oE �S By: � f�N'`1� � Adopted by Council: Date �'J�� _— Adopti�ertifi �ry ow 7 Secretary sy: � Approve a r: Da O By: Form A proved by CiTy Attomey BY� �(ArA�.JL � (�,��q Form App ed by I or for i issio to Council B � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � bg ��la �- Departmenfloffice/council: Date initiated: S� -��of��&�tio� ,��,Y-� � Green Sheet NO: 3053816 CoMact Person & Phone: Rachel Tiemey 26687'10 musZ tle on Gountil Agentla by (Da1 za-nwv-os �� A4 ��iaA Doc.Type: RESO4UTION � E-Document Required: Y Document Contact: Julie Kraus Co�tact Phone: 266-8776 � ueoarunen[ ae�rz � o rerson 0 pt of Safety & Ins�ectims Assi9n 1 tofSaf & w.tions D arhneMDirector Num6er Z , Attorne For Routing 3 a or's Office Ma or/Assistaut Order 4 ouncil 5 �(Sry Cluk Ctiry Clerk ToWI # of Signature Pages _(C17p All Locations for Signature) Approval of the attached cesolution to take adverse aclion against the Massage Practirioner license he(d by Dawn M. Rude (License ID#20060003061) for the premises located at 2145 Ford Pazkv✓ay in Saint Paui. iaanons: qpprove (A) or ke}ect (IZ): Personal 5ervice Contrects Must Answer the Following Questions: Planning Commission 1. Has this persoMfmm ever wrnked under a contracl for ihis depariment? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this person/firm possess a skitl not nottnally possessed by any cUrrent city employee? Yes No F�cplain all yes answers on uparete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, WNaS, When, Where, Why): � Licensee failed to pay delinquent license fees and late fees in the aznount of $123.00. After notification, licensee did not respond to the Notice of Intent [o Suspend License. Advaatages 4f Approved: License suspension Disadvantages If Approved: None Disadvantages If Not Approved: Transaction: Funding Source: Financial lnformation: (E�cplain) CosVRevenue Budgeted: Activity Number. May 15, 2008 12:20 PM Page 1 �� l� �- OFFICE OF THE CITY ATTORNEY John J. Choi, CifyAttomey �� O snixr PAUL � Al1AA CITY OF SAINT PAUL Chnstopher8. Co/eman, Mayor Apri129, 2008 Civi1 D'msion 400 City Hall 15 West Kellogg B/vd. SaintPaul, Mnnesota 55102 N01TCE OF INT�NT TO SUSPEND LICENSE Dawn M. Rude c/o Sister Rosalind Gefre Schools and Clinic 2145 Ford Parkway, Ste. 20 St. Paul, MN 55116 Telephone: 651266-8710 Facsimile: 651298-5619 RE: Massage Pracfitioner license held by Dawn M. Rude £or the pxemises located at 2145 Ford Parkway, Ste. 20 in Saint Paul License ID # 20060003061 Deaz Ms. Rude: The Department of Safety and Inspections (DSn has recommended suspension of the Massage Piacfitioner license held by Dawn M. Rude for the premises located at 2145 Ford Parkway, Ste. 20 in Saint Paul. The basis far the recommendazion is as follows: On February 1, 2008, you were sent a letter from the Department of Safety and Inspecfions (DSn indicating that your Massage Practitioner license was delinquent. You were given until February 22, 200$ to pay the license and late fees owed. The total amount now due is $123.00 ($83.00 in license fees and $40.00 in late fees). As of today's date that payment has not been received. At this time, you have three options on how to proceed: You can pay the license and late fees of $123.00. If this is your choice, you should send the payment directly to the Department of Safety and Inspections at 8 Fourth Street East, Suite 200, St. Paul, Minuesota 55101-1002 no later than Friday, May 9, 2008. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the license and late fees will be considered to be a waiver of the hearing to which you are entifled. L:\CIVII.�KRAUS�FORM A'S\VARIOUS�2008�DAWNRUDELICSUSPFORMA.DOC � Dawn M. Rude Apri129, 2008 Page 2 � b8'�l�a- 2. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and reguesting a public hearing. We will need to receive your letter by Friday, May 9, 2008. The matter will then be scheduled before the City Councii for a pubiic hearing to defennine whether to suspend your license. You will have an opportwuty to appeaz before the Council and make a statement on your own behalf. 3. I£ you dispute the above facts, you can request a hearing before an Administrative I,aw Judge. Af that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If ttris is your choice, please advise me by Friday, May 9, 2008, and I will take the necessary steps to schedule the admuiistrative hearing. If you have not contacted me by that date, I will assume that you do not contest the suspension of your license. In that case, the matter will be placed on the Council's Consent Agenda for approvai of the recommended penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, iZ �.,c�e. - 1 - '` � Rachel Tierney Assistant C3ty Attorney cc: Christine Rozek, Deputy Director of DSI Dawn Rude, 7230 — I O1 Street North, Grant, MN 55110 L:\CIVII,�KRAUS�F'ORM A'S\VARIOUS�2008�DAWNRUDELICSUSPFORMA.DOC STATE OF MINNESOT(" � ss. COUNTY OF RAMSEY ) bf5 � �7n a- Julie Kraus, being first duly sworn, deposes and says that on the 29�` day of April, she served the attached NOTICE OF iNTENT TO SUSPEND LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Dawn M. Rude c% Sister Rosalind Gefre Schools and Clinic 2145 Ford Parkway, Ste. 20 St. Paul, MN 55116 Dawn Rude 7230 — l Ol Street North Grant, N1N 55110 (which is the last known address of said person) deposifing the same, with postage prepaid, in the i3nited States mail at St. Paul, Minnesota. �� Julie Kraus Subscribed and sworn to before me this 29�' day April, 2008 � / .�h� i��'( � ��l�� Iota{`y Public � AFFZDAVIT OF SE� .�ICE BY U.S. MAIL RITA M. BOSSARO PqTARY PUBLIC • MINPIESOTA MY COMMISSION :ks;•. EXPIRES JAN 31. 20 1 0 a �ca^�rv-�...o-a••�wwe-�a