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08-995Council File # � ��.� __ _____ — - - - -- — - �S6eet # 3058764 � RESOLUTION CtTY 1 WFiEREAS, adverse action was taken against the Massage Practitioner license heid by Rebecca S. 2 Hummel (License ID#20070006881) for the premises located at 1672 Grand Avenue in Saint Pau1, by 3 Notice of Intent to Suspend License dated August 1, 2008, alleging licensee failed to submit current 4 General and Professional liability insurance, proof of affiliation and pay delinquent license and late fees of 5 $114.00; and 6 7 WE�REAS, licensee did not respond to the Notice of Intent to Suspend License to contest the 8 allegation or submit current General and Professional liabiliTy insurance, proof of affiliation and pay the 9 delinquent license and late fees; and 10 11 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the 12 allegation or submit current General and Professional liability insurance, proof of affiliation and pay the 13 delinquent license and late fees by August 11, 2Q0$, that the matter would be placed on the consent agenda 14 to impose the recommended penalty; now, therefore, be it IS 16 RESOLVED, that the Massage Fractitioner license held by Rebecca S. Hummel is hereby 17 suspended. 18 Requested by Department o£ �V �5.-t- By: �} �.c.L �_— Form Ap ved by City Attomey By: � a f "".�- ��d.Y1,.c� Adoption Certified by Council Secretary Form Appr by ay r for Sub�m n to Council BY� —_�/�1 ' By: �� S/ �/.( r �,c � Approve� o Date �� By: (jC�i Adopted by Council: Date ��/d/p'� ------ - - _ _ _--- - - - - Green SheeYGreen Sheet Green Sheet GoMad Person & Phone: Rachel Tiemey 266-8770 mus� ese on '16SEP-OS . DoaType: RESOWTION E-DOCUment Requlred: Y Document ContaM: Julie Kraus CoMact Phone: 2668776 2S-AUG-OS � Assign NUmber For Routing OMer Total # of Signature Pages _(Clip All Locations for SignaW re) Green Sheet NO: 3058764 0 ¢p4ofSafety&Tnspedions i e tofSafe &Iat ectiovs De arWentD'uector 2 ' Attorn 3 or's Offiee Ma orlAssistant 4 ouncil 5 i Cterk (,ti Clerk Approval of the attached resolution to take adverse action against the Massage RacHrioner license held by Rebecca S. Htxmmel (License ID#20070000881) for the premises located at 1672 Grand Avenue in Saint Paul. �aanons: Hpprove (H) or rt Pianning Commission C16 Commiriee Civil Service Commission 1. Has this persoNfirm ever worked under a contract for this depaKment? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill rwt normally possessed by any curreni city empbyee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to submit current General and Professionai liability insurance, proof of affiliation and pay delinquent license and late fees. After nodfication, license did not respond to the Notice of Intent to Suspend License. Advantages If Approved: License suspension. DisadvanWges If Approvetl: None. DisadvanWges if NotApproved: TransaMion: Fundir�g Source: Financiai Information: (Explain) Activity Number. ';� ....:�� ;� SEP Q 3 2�07 Tr 1 .,. ., � .�. � .. Cost[Revenue 6udgeted: August 28, 2008 11:57 AM Page 1 �. —.� -- OFFICE OF THE CITY ATTORNEY John J. Choi, CifyAttomey PAOL CITY OF SAINT PAUL CndlDivrsion � Christophe�8. Colema4 Mayor 400Ci(yHall 15 West Kellogg S/vd. AM� SaintPaul, NLnnesofa 55IO2 AUgust 1, 20�$ NOTICE OF IIVTENT TO SUSPEND LICENSE Rebecca S. Hummel CIo New Beginnuigs Face & Body Spa 1672 Grand Avenue St. Paul, MN 55105 Te(ephone: 65126G8710 Facsimile: 651295-561 RE: Massage Practitioner ficense held by Rebecca S. Hummel for the premises located at 1672 Grand Avenue in Saint Paul License ID # 20070000881 Deaz Ms. Huxmnel: The Depaxtment of Safety and Inspections (DSn has recommended suspension of the Massage Practitioner license held by Rebecca S. Huuitnel for the premises located at 1672 Grand Avenue in Saint Paul. The basis for the recommenda6on is as follows: On Apri117, 2008, you were sent a letter from the Department of Safety and Inspections indicating that your Massage Practitioner license fees dne on February 15, 2008 were deliuquent. Yon were given until May 8, 2008, to pay the license and late fees. The total amount now due is $114.00 ($87.00 in license fees and $27.00 in late fees). As of today's date fhat payment has not been received. You were then asked to submit current general and professional liability insnrance with a 30-day notice of cancellation and namiug the City of SaintPaul as additional insured. You also needed to provide proof of affiliation from a City of Saint Paui licensed therapeutic massage center or state licensed health facility. As of today's date that infarmafion has not been received. L:1CIVII.U{RAUS�FORM A'SIVARIOU5�2008�REBECCA HUMtvIEi. LIC SUSPFORMADOC ( (_ __. Re S. Hummel August 1, 2008 Paaa7 At this time, you have three options on how to proceed: You can pay the license and late fees of $114.00. If this is your choice, you should send the payment direcfly to the Depafinent of Safety and Inspections at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, Angust 11, 2008. Information should be directed to the attention of Christine Rozek. A self-addresed 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 aze entifled. 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]etter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Monday, August 11, 2008. The matter will then be scheduled before the City Council for a public hearing to deternune whether to suspend your license. You will have an opportLmity to appear before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Admiuistrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examiue the other's witnesses. The St. Pau1 City Council will ultunately decide the case. If tbis is your choice, please let me know by Monday, August 11, 2iiti�, and I wili take fi�e necessary steps to schedule the administraCive 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 approval of the recommended penalty. If you haue quesrions about these opfions, piease feel free to contact me at 266-8710. Sincerely, ��� � � Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Rebecca S. Aummel, 2929 Chicago Avenue, Apt. #811, Minneapolis, MN 55407 L:\CIVII.IKRAUS�FORM A'S\VARIOUS�2008�REBECCA ffiJMIvvffiLLTC SUSPFORMA.DOC 5TATE OF MINNESOTr' _ ._ _ _ �ss. COUNTY OF RAMSEY ) _ _ . -: __....__ .. -- -- -- ATFIDAVIT 4F S`=_�ICE BY U.S. MAII� Iulie Kraus, being first duly swom, deposes and says that on the 1 St day of August, she served the attached NOTTCE OF Il�i1 �N'T TO SUSPEND LICENSE by placing a true and coirect copy thereof in an envelope addressed as follows: Rebecca S. Htuninel C/o New Be nnin Pace & Body Spa 1672 Grand Avenue St. Paul, MN 55105 Rebecca S. Hummel 2429 Chicago Avenue, Apt. #811 Minneapolis, MN 55407 (which is the last known address of said person) depositing the same, with postage prepaid, in the LTnited States mail at St. Paul, Mannesota. '4' �`^X-/ � Ju1ie Kraus Subscribed and swom to before me this l day August, 2008 , � � ' �U�� No ary Public RITA M. 80SSARD NDTARV PUBLIC- MiNNESOTA � `4?�- . _: MY COhAMf55fON - <�7J fXPIRES JkN 31.201 6 .:•_.a.�-�.,;<-cr.w--�'^w'r�.�r ° -�w+':�`*a