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10-686coun�i0 F��e # 1 D Green Sheet #_s7 / l�fi/ RESOLUTION Presented by T PAUL, MINNESOTA ,� �i3 1 WHEREAS, adverse action was taken against the Massage Practitioner license application 2 submitted by Stephanie J. Salak (License ID #�20090004364) far the premises located at 261 Ruth Street 3 North in Saint Paul by Notice of Intent to Deny License dated May 27, 2010, alleging licensee failed to 4 submit current certificates of General and Professional Liability insurance and Proof of Certification or 5 successful completion of examination in order to process her license application; and 7 WHEREAS, the licensee did not respond to the Notice of Intent to Deny License to submit the 8 requested information, request a hearing ar withdraw her license application; and 9 10 WHEREAS, the Notice of Intent to Deny License stated that if the licensee failed to submit the 11 requested information, request a hearing or withdraw her license application by June 7, 2010, that the 12 matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that the Massage Practitioner iicense application submitted by Stephanie J. Sa1ak is 15 hereby denied. Requested by Department of. �� GtnuQ. �ins��c BY: r'i— ,�.vlti^v Adoption Certified by Counc� ecretary By . , Approv d yo Date `�// �f (� By: Form ved by City Attomey By: `�� -� � Form Ap ro d b Ma for b ission to Co cil By: ' Adopted by CounciC Date ���/��j�j/J L��� /a-�"� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � lepartment/Office(Council: Date loitiated: S � _Dept. of Safety & Inspections 16 JUN 201 � Green Sheet NO: 3115268 Cantact Person & Phone: Rachel Tierney 266-8750 Must Be on Council Agenda by (D�1 07-JUL-10 C loc.Type:RESOLUTION E•DOCUment Required: Y Document Contact: Julie Kraus Contact Phone: 266-8776 �/ ° 1 Assign 2 Num6er 3 For Routing I 4 Order 5 Total # of Signature Pages _(Clip Ail Locations for Signature) Approval of the attached resolurion to take adverse acrion against the Massage Practirioner license applicarion submitted by Stephanie J. Salak (License ID #20090004364) for the premises located at 261 Ruth Street North in Saint Paul. Recommendatrons: Approve (A) or Reject (IZ): Planning Commission CIB Committee Civil Service Commission Personaf Service CoMrads Must Answer the Following Questions: 1 Has this persoNfirm everworked under a contrect for this department? Yes No 2. Has this person/firm ever been a city employee� Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. initiating Problem, Issues, Opportunity (Wha, What, When, Where, Why): Licensee faiLed to submit current certiifcates of General and Pxofessional Liability insurance and Proof of Certification or successful completion of examination. After notification licensee did not respond to the Notice of Intent to Deny License. AdvantageslfApproved: License denial. ,' DisadvantageslfApproved: i DisadvanWges If NotApproved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) GosURevenue Budgeted: Activity Number: June 16, 2010 122 PM Page 1 / D -�5.� OFFICE OF THE CITY ATTORNEY GeraidT. Nendrickson, CityAttomey SAINT PAUL � AlIIIA Telephone: 657 266-8770 Facsimile: 657 2g8-5619 May 27, 2010 CITY OF SAINT PAUL CivilDivision Chrisfopher 8. Colemaq Mayor 400 City Hall 15 West KellOgg BNd. Saint Paul, Minnesota 55102 NOTICE OF INTENT TO DENY LSCENSE Stephanie J. Salak C/o Balance Massage Therapy 261 Ruth Street North St. Paul, MN 55119 RE: Massage Practitioner license application submit[ed by Stephanie J. Salak for the premises located at 261 Ruth Street North in Saint Pau] LicenseID #20090004364 Dear Ms. Salak: The Department of Safety and Inspections (DSI) has recomraended denial of the Massage Practitioner license application snbmitted by Stephanie 7. Salak for the premises located at 267 Rnd� Street North in Saint Paul. The basis for the recommendation is as follows: On May 4, 2010, you were sent a THIRD REQUEST letter from the Department of Safety and Inspections (DSI) requesting that you submit the following information in order to process your ticense application: 1) current certificates of General and Professional Liability insurance for the coverage period of February 19, 2010 through February 19, 2011, with a 30 day notice of cancellation and naming the City of Saint Paul as additional insured; and 2) Proof of Certification or successful completion of examination. You were given until May 18, 2010, to submit the requested information. As of today's date that information has not been received. At this time, you have three options on how to proceed: You can submit the requested informaUOn. If this is your choice, you should send the information directly to the Department of Safety and Inspections, at 375 3ackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, June 7, 2010. Information should be directed to the attendon of Chrisune Rozek. A self-addressed envelope is enclosed for your convenience. Submission of the requested information will be considered to be a waiver of the hearing to which you are entided. f� /.�'� Stephanie J. Salak May 27, 2010 Page 2 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, June 7, 2010. The matter will then be scheduled before the City Council for a public hearing to determine whe[her to deny your license. You will have an opportunity to appear before the Council and make a statement on your own behalf. 3. If you no longer wish to do business in the City of Saint Paul, you will need to send a written statement to that effect to tt�e Departmant of Safery and Inspections, at 375 Jackson Sueet, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, June 7, 2010. Information should be directed to the attention of Christine Rozek. If you have not contacted me by that date, I will assume that you do not contest the denial of your license. In that case, the matter will be placed on the City Council Consent Agenda for approval of the recommended penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, �'��„�,�. ��. Rachel Tiemey Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Stephanie J. Salak, 1760 Fernwood Saeet, Unit 206, Roseville, MN SA 13 AFfirmative Action Equal Opportunity Employer STATE OF MINNESOT t � -��,6 � ss. AFFIDAVIT OF SE�. dICE BY U.S. MAIL COUNTY OF RAMSEY ) Julie Kraus, being first duly sworn, deposes and says that on the ��day of May, she served the attached NOTICE OF INTENT TO DENY LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Stephanie J. Salak C/o Balance Massage Therapy 261 Ruth Street North St. Paul, MN 55119 Stephanie J. Salak 1760 Fernwood Street, Unit 206 Roseville, MN 55113 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �� � �- Jul�e Kraus Subscribed and sworn to before me this r�7 �Uay of May, 2010 _/�i��/� Not y Public R�TA M. BOSSARD NOTARN PUBLIC • MINNESpTA MV CppAMISS�ON DCPIRES JAN. 31, 2015