HomeMy WebLinkAboutAppeal to Denial of Massage Therapist Permit - Law Office of Byron G. Corneliusti C t�D
CIT Y CLERK'S OFFICE
LAW OFFICE OF BYRON G. CORNELIUSE 0
74-199 El Paseo Drive, Suite 1®f011 MAR 29 PM 12: 57
Palm Desert, CA 92260
Telephone: (760) 862-2969 bylaw I @juno.com
Facsimile: (760) 862-1068
March 29, 2011
City of Palm Desert
ATTN.: CITY CLERK Hand -Delivered
73-510 Fred Waring Drive
Palm Desert, CA 92260
Re: Yanli Li
Denial of Massage Therapist Permit
Dear City Clerk:
Please be advised that I represent Ms. Yanli Li in reference to her application for
a Palm Desert Massage Therapist License. Specifically, she is appealing the decision to
deny her application.
Let me begin by stating that this appeal is timely (within 10 days) as she was riot
in receipt of the City's decision until Saturday, March 19, 2011. So, although dated
March 15, 2011 the decision did not reach Ms. Li for four days. This, however, is not
unusual and as the City Attorney will no doubt attest is the basis for California Code of
Civil Procedure Sec. 1013 which extends Ms. Li's time in which to respond by five days.
This said Ms. Li appeals the City's decision in this matter as follows:
The City has based its decision in this case on Palm Desert Municipal Code Sec.
5.90 (A) (3) stating: "... According to the California Massage Therapy Council (CMTC),
transcripts from the Oriental Medicine Institute in America are no longer accepted as
stand alone documentation of professional massage education and training.
Additionally, the National Certification Board of Therapeutic Massage &
Bodywork (NCBTMB) has suspended Oriental Medicine Institute in America's approval
as of August 27, 2009."
On its face the denial appears valid based upon the City Ordinance. But, please
note that Ms. Li completed her education three years ago, fifteen months prior to the
school's suspension from the NCBTMB. Moreover, the ordinance does not address
CMTC standards in any manner. The denial does not grant Ms. Li a standard by which
she can demonstrate her requisite training and education.
Letter to City of Palm Desert, Clerk
March 29, 2011
Page Two
Therefore, Ms. Li is appealing the City's decision as stated. Please advise this
office of the future hearing date (whether public or before a hearing officer) in this
regard.
Cc: Jill A. Tremblay, Esq.
David J. Erwin, Esq.
Respectfully submitted,
Byron G. Cornelius, Esq.
Attorney for Ms. Yanli Li
CITY COUNCIL A_ Z IONi
APPROVED y DENIED
RECEIVED OTHER
MEET G DATI....;�„
AYES �r �11((((��
NOES:
ABSENT: Q
ABSTAIN:
VERIFIED BY. -
Original on File with City 6 rk's Office
By Minute Motion refer the Appeal to a Hearing
Officer for recommendation toathe City Council
for its action at a future City Council Meeting.
5-0
Klassen, Rachelle
From: Klassen, Rachelle
Sent: Tuesday, March 29, 2011 2:32 PM
To: 'David J. Erwin (David. Erwin@bbklaw.com)'; 'Jill Tremblay'; Gibson, Paul; Bishop, Rob
Subject: Appeal - Massage Therapist Permit - Yanli Li
Attachments: Appeal-Massage-Yanli Li.pdf
The subject Appeal letter is attached for your information and/or appropriate action. Please let me know if there's any
assistance my office may provide.
RacAe66e A K6assam, OM6
City Clerk, City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260-2578
(760) 346-0611, Ext. 304
Fax: (760) 340-0574
e-mail: rklassenRcityofaalmdesert ore