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22
City of Pleasanton
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CITY CLERK
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2014
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071514
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8/25/2015 4:32:05 PM
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7/9/2014 1:59:38 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/15/2014
DESTRUCT DATE
15Y
DOCUMENT NO
22
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-19— AB 1147 <br /> I confirmation, that the certificate has been suspended, the reason <br /> 2 for the suspension, and that the certificate holder has the right to <br /> 3 request a hearing pursuant to paragraph (2). <br /> 4 (B) Notify by email or any other means consistent with the <br /> 5 notice requirements of this chapter, any business or employer, <br /> 6 whether public or private, that the council has in its records as <br /> 7 employing or contracting with the certificate holder for massage <br /> 8 services, and the California city, county, or city and county that <br /> 9 has jurisdiction over that establishment or employer, that the <br /> 10 certificate has been suspended within 10 business days. <br /> 11 (2) A certificate holder whose certificate is suspended pursuant <br /> 12 to this subdivision shall have the right to request, in writing, a <br /> 13 hearing to challenge the factual basis for the suspension. If the <br /> 14 holder of the suspended certificate requests a hearing on the <br /> 15 suspension,the hearing shall be held within 30 calendar days after <br /> 16 receipt of the request. A holder whose certificate is suspended <br /> 17 based on paragraph (1) shall be subject to revocation or other <br /> 18 discipline in accordance with subdivision (a). <br /> 19 (3) If the council determines,after a hearing conducted pursuant <br /> 20 to this subdivision, to lift the suspension, the certificate shall be <br /> 21 immediately reinstated and the certificate holder,any establishment <br /> 22 or employer, and the city, county, or city and county that has <br /> 23 jurisdiction over that establishment or employer, that received <br /> 24 notice pursuant to this section shall be notified of the reinstatement <br /> 25 within 10 business days. <br /> 26 (h) Any notice required under this section may be given by any <br /> 27 method reasonably calculated to provide actual notice.Any notice <br /> 28 given by mail shall be given by first-class or certified mail sent to <br /> 29 the last address of th- : .. ' <br /> 30 --'ablish cnt applicant or certificate holder shown on the <br /> 31 council's records. <br /> 32 (i) An applicant or certificate holder may challenge a denial or <br /> 33 discipline decision issued pursuant to this section in a court of <br /> 34 competent jurisdiction. Any action challenging a denial or <br /> 35 discipline, including any claim alleging defective notice, shall be <br /> 36 commenced within one year after the effective date of the denial <br /> 37 or discipline. If the action is successful, the court may order any <br /> 38 relief, including reinstatement, that it finds equitable under the <br /> 39 circumstances. <br /> 90 <br />
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