HomeMy WebLinkAboutCAMTC Request for Documents - Notice of Decision on Appeal o Estanislau, Robin
From: Ohl, Dan
Sent: Monday, March 17, 2014 9:33 AM
To: Estanislau, Robin
Subject: FW: CAMTC request for documents: Trang Thi Ho (ID 49310, Cent 26609) and Kay Doan (ID
26772, Cent 11592)
Good morning. We received this email request from the California Massage Therapy Council,which issues certificates to
massage practitioners and therapists, requesting certified copies of two records as noted below. We do not have the
ability to certify them in our office and I am requesting that you certify the two copies I brought you with the originals.
Can you please do this?Thank you.
From: acase@camtc.org [mailto:acase@camtc.org]
Sent: Friday, March 14, 2014 10:37 AM
To: Ohl, Dan
Subject: CAMTC request for documents: Trang Thi Ho (ID 49310, Cert 26609) and Kay Doan (ID 26772, Cert 11592)
Hi, Mr. Ohl.
I was recently communicating with Michelle Boldt at the Huntington Beach Police
Department regarding the California Massage Therapy Council's investigation of two
state massage certificate holders with violations in Huntington Beach. Michelle thought
that you might be able to help me obtain certified documents concerning the two
following people:
Trang Thi Ho: Michelle already sent over a copy of the dismissal and settlement
agreement for this person concerning a 5.24.060(g) HBMC Prohibited Conduct violation
(although the court case lists it as 5.24.230(e)), but CAMTC's Professional Standards
Division would like to receive a certified copy of the same agreement (basically just
another photocopy stamped and signed by a records or city clerk or other custodian of
records that says its a true and correct copy of the original).
Kay Doan: owner of My Spa at 16043 Bolsa Chica St., was cited on 11/19/13 for
5.24.045(J) — Keep Complete and Current List of Employees and warned regarding
2.24.545(b) — Hours of Operation in Lobby. A hearing was held on 1/29/14 and the
citation was upheld. Can we get a certified copy of the hearing officer's final decision
following the appeal?
The certified documents can be mailed to us at:
CAMTC, attn: PSD Liaison
One Capitol Mall, Suite 320
Sacramento, CA 95814
Thank you very much for your assistance.
Regards,
Alison Case, Investigator
Background Investigation Unit
1
Professional Standards Division (PSD)
California Massage Therapy Council(CAMTC)
One Capitol Mall, Suite 320
Sacramento, CA 95814
Direct phone: 818-968-6603
Fax: 800-604-6122
acase(cDcamtc.org
www.camtc.orci
2
CITY OF HUNTINGTON BEACH
NOTICE OF DE ISION ON A_ PPEAL OF ADMINISTRATIVE CITATION
DATE OF DECISION: � I� CITATION NO: DOS; �i3
NAME (FIRST, MIDDLE, LAST): I
ISSUING OFFICER: - 'Y'"( + ISSUING DEPARTMENT
ACTION TAKEN:
REQUEST FOR PRELIMINARY REVIEW: REQUEST FOR CONTINUANCE:
1. ®Citations(s) is 7. ®Granted. Administrative Hearing is continued to
cancelled on the following grounds: I at same location and
FIThe violation did not occur; or time on good cause shown.
FIThe person cited is not responsible for 8. Continuance denied on finding
the violation FI no good cause shown
2. ®Request is denied and citation upheld on request filed late.
finding that
violation established and grounds to contest
not established; or REQUEST FOR EXTENSION OF CORRECTION PERIOD
F—Irequest filed late. FOR BUILDING VIOLATION:
REQUEST FOR WAIVER OF FINE DEPOSIT: 9. ®Request denied because:
3. ®Request is granted on finding reasonable Request
o good cause shown; or
hardship. filed late
4. ®Request is denied on finding: 10. ®Request is granted on good cause shown.
,request filed late New date for end of correction period is:
no reasonable financial hardship and you
are ordered to deposit the fine no later than
14 days before the Administrative Hearing date of
® MISCELLANEOUS:
REQUEST FOR ADMINISTRATIVE HEARING: 11. Citation for Building Violation is cancelled;
5. ®Citations(s) is corrections made.
cancelled on the following grounds.
F]The violation did not occur; f i+
ol(ix
The violation was corrected on time; or 4 B M 'i
FIThe person cited is not responsible for the i 0 �to Ai .6 (�Li i i_
olation. I no foregoing instrument is a
oVf of the original on file in this OMM
6. �Citations(s) Q 0 3 3 3 is Attr �k�
upheld o nding: ®st �Iiotl�019o�fhe
Gviolation established by the evidence; ordd Clerk and Ey. City
=request filed late; or Council of the City of Huntington 13,8=14
=deposit not made; or C� �-
citee failed to appear at hearing. _
I decl under penalty of perjury under the laws of the State of Califo is t the fore oing are true and correct.
Hearing Officer CA (-V4" �o H (-V 5
=City Official
PI
CE OF DECISION DELIVERED:
N PERSON =BY MAIL =Person appearing refused to sign receipt for Notice of Decision
WITHOUT ADMITTING GUILD, I ACKNOWLEDGE HAVING RECEIVED THIS NOTICE OF DECISION`
AND`THAT MY MAILING ADDRESS ON THIS,CITATION IS CORRECT
G NATU RE FOR FURTHER INFORMATION CONCERNING THIS DECSION,,PLEASE.SEE THE REVERSti-
C
DISMISSAL AND SETTLEMENT AGREEMENT
1 1. PARTIES. This Dismissal and Settlement Agreement is entered into by
— an-d-betwe-en T-raug-Thi Ho-airindivi-dual-("D7efenzi-antHoF-)-and-thy City of-Huntingtun -- -
Beach, California (the"City") regarding the Superior Court of the State of California,
County of Orange, Criminal Case Number 13 WM 10244.
2. RECITALS. This Dismissal and Settlement Agreement is made Aith
reference to the following facts:
e2.1 WHEREAS, on or about September 21, 2013, the City of
Huntington Beach Police Department issued a misdemeanor citation to Trang Thi Ho
(HB Citation No. 3077925) for the alleged violation of Huntington Beach Municipal City
or�0 O(Do � Vic) WLEI )D
Code 5.24.?s0 (Prohibited Conduct) as related to section 5.24.23.0(e) of such municipal
code;
41K 2.2 AND WHEREAS, the City of Huntington Beach lodged a criminal
oLS) 9
complaint against Defendant Ho for the alleged misdemeanor violation of 5.24.21-30(e) of
the Huntington Beach Municipal City Code. People of the State of California v. Trang
Thi Ho, OCSC Case No. 13 WM10244 (the "Litigation");
2.3 AND WHEREAS, it is the intention of the parties hereto to settle,
compromise and dispose of, without further litigation relative to this matter, any and all
claims, counterclaims, actions and causes of action raised or which could have been
raised in Litigation;
B-3999/103208 1
2.4 NOW AND THEREFORE, in consideration of the parties entering
into this Dismissal and Settlement Agreement, and for other good and valuable
consideration,the receipt of which is hereby acknowledged by each party hereto,the
- par-ties by agree as iolows:
3. DISMISSAL OF THE LITIGATION. Concurrently, with the execution
of this Settlement Agreement,the City of Huntington Beach agrees to dismiss the
criminal charges against Defendant Ho as related to the alleged misdemeanor violation of
ono o� t<<Z,S 1l3
Huntington Beach Municipal Code Section 5.24.23-9 (Prohibited Conduct) as related to
section 5.24.:= 0(e) of such municipal code pursuant to California Penal Code § 1377.
People of the State of California v. Trang Thi Ho, OCSC Case No. 13 WM10244.
Further, in accordance with the dismissal of the Litigation against Defendant Ho by the
City, Trang Thi Ho agrees to comply with the following terms and conditions while
engaged in the practice of massage therapy in the City of Huntington Beach and as
authorized by the California Massage Therapy Council ("CAMTC"):
3.1. Defendant Ho will not post or use her license for the practice of
massage therapy, engage in the practice of massage therapy, nor open a business
soliciting the practice of massage therapy in the City of Huntington Beach for a period of
two (2) years beginning on such date in which this Dismissal and Settlement Agreement
is fully executed;
i
.j 3.2 After the terms and conditions set forth herein of this Dismissal
and Settlement Agreement are complied with by Defendant Ho, permission to re-engage
in the practice of massage therapy in the City of Huntington Beach may be granted to
Trang Thi Ho in accordance with submission of an application for such practice, and
B-3999/103208 2
approval of such practice, by the City with the additional evidencing of possession of a
valid, CAMTC issued massage therapy license. - - -
Oft 3.3 The above-described terms and conditions set forth in this
- — Dismissal and-Sefflem�Agreement are Abe private and not eatere o. eta record of
the court proceedings unless noncompliance is performed by Defendant Ho in breach of
this agreement. FURTHER, it is agreed-upon that the dismissal of the criminal charges
and the associated misdemeanor violations of Huntington Beach Municipal City Code
Section 5.24.230 (Prohibited Conduct) against Defendant Ho will be a terminal
Disposition of this matter.
-1_tr4. RELEASE. Trang Thi Ho, on behalf of her person and her agents,
representatives, and successors and assigns, hereby releases the City of Huntington
Beach, its agencies, agents, officers, employees and representatives, including, without
limitation, all agents, officers, employees and representatives of any state and local
government or law enforcement agency involved in this matter, from any and claims,
actions, or liabilities arising out of or related to the Litigation, without limitation, any
claims for attorneys fees, costs and interest, which may be asserted by or on behalf of
Defendant Ho or any of her agents, representatives, successors or assigns.
45. MISCELLANEOUS. Each of the signatories of this Dismissal and
Settlement Agreement represents that he or she has the full power and authority (without
further approval or consents) to enter into this Dismissal and Settlement Agreement and
perform the obligations, as defined by the terms and conditions set forth herein. This
Dismissal and Settlement Agreement represent the entire agreement between the parties
with respect to the subject matter of this Dismissal and Settlement Agreement and may
13-3999/103208 3
-Knot be modified, amended or terminated except by written consent signed by all of the
parties hereto. This Dismissal and Settlement Agreement may be executed in
counterparts, and when each party has signed and delivered at least one (1) such
comb-----ca co—unterpart sh e deemed an original and,when taken gather with
other signed counterparts, shall constitute one(1) agreement. In addition, the parties
agree that any party may execute this Dismissal and Settlement Agreement by facsimile
or electronic mail ("email") and that a facsimile or email signature by any party shall be
deemed an original signature. This Dismissal and Settlement Agreement is effective on
the date it is signed by the City.
DATED:
TRANG THI HO
Defendant
—)",�w Q
DATED: ��.Z7\I
DANItL K. OHL
Deputy City Attorney
Office of the City Attorney
Attorneys for the CITY OF
HUNTINGTON BEACH
APPROVED AS TO FORM AND CONTENT:
r
DATED: /Z y 3
PAUL TAYLOR SMITH
Attorney for TRANG THI HO
The foregoing instrument is as corm
copy of the original on file in this otdb.
Attest 7, 20--
Joa,h LL.
City Clerk and Ex-o� Clerk of the ery
Council of the City of Huntington Be=h,
13-3999/103208 4 '
6
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