(A) The Director may suspend or revoke a massage facility license or a massage facility employee license on the showing at a hearing of the existence of any facts or conditions which would justify the denial of an original application or renewal thereof or that the licensee has violated or failed to perform any duty imposed by this subchapter. The Director shall notify the affected party of his or her decision to suspend or revoke, and the reasons therefore, by certified letter, return receipt requested, sent to the most current address listed in the affected party’s file.
(B) In the event the Director denies an application for a massage facility or massage facility employee license, suspends or revokes a license of either kind, or denies the transfer of a massage facility license, the Director shall advise the affected party of the right to appeal any such decision in the written notices of such actions required by this chapter. When the Director denies an application for a massage facility or a massage facility employee license, the applicant shall not operate as a massage facility or act as a massage facility employee until either the Code Enforcement Board or a court of competent jurisdiction so orders. Otherwise, any decision by the Director to suspend or revoke any license issued hereunder shall remain in abeyance until all appeals are exhausted or the time for filing the initial appeal from the Director’s decision under subsection (C) hereof has expired.
(C) Upon receipt of a decision from the Director to deny an application for a massage facility or massage facility employee license, to suspend or revoke a license, or to deny the transfer of a massage facility license, the party affected thereby shall have ten business days from the date of receipt of said notice to appeal the Director’s decision by notifying him or her in writing of the basis for said appeal. The notice of appeal may be hand delivered to the Director or sent certified mail, return receipt requested. Unless a timely notice of appeal is received, the decision of the Director shall be final.
(D) When the Director receives a notice of an appeal, he or she shall schedule a time and date for the appeal to be heard before the Code Enforcement Board and such hearing shall be held within 30 calendar days of the date the Director receives the notice of appeal. The Director shall notify the appellant in writing of the hearing date and may send such notice by regular first class mail. The appellant may request an alternate hearing date but in no event shall it be more than 30 days after the originally scheduled date.
(E) At the hearing on any license denial, suspension, revocation or denial of license transfer, the appellant shall have the right to counsel, present evidence and offer testimony by witnesses. After the Code Enforcement Board hears the evidence, the Board shall render its decision and furnish written findings within 20 days of its oral decision. The Board's decision will be final unless appealed.
(F) Any party adversely affected by the Code Enforcement Board's decision may appeal it to the Jefferson District Court within 30 days of the date the Board issues its written findings. The party appealing the Board's decision will be responsible for the cost of any recording or transcript of the proceedings which, along with evidence presented and the written findings of the Board, shall constitute the record on appeal. The decision of the Board shall be effective during the pendency of the appeal unless stayed by a court of competent jurisdiction.
