RES 16-10A Resolution of the City of Elk River Denying a Massage Therapist License to
ChunXing Lin
WHEREAS, Chun Xing Lin submitted an application for a Massage Therapist License on
December 22, 2015; and
WHEREAS, as part of the application, ChunXing Lin submitted an official school
transcript and a certificate of graduation from the professional School. of Massage,
Langhorne, Pennsvlvania as required by 1',-'Ik River City Code �38-243, Educational
Requifen-ients; and
WHEREAS, ChunXing Lin signed his application stating the following:
"I declare that the information I have provided is truthful and I
understand the falsification of answers on this application ma), result
in denial of this application. I authorize the City of Elk RilTer to
investigate and make whatever inquiries are necessary to verifN, the
information provided." and;
WHEREAS, the Office of the (,try Clerk processed the application to verify compliance
with the requirements of the I ?lk Riv er City Code for m-assage therapist licensing; and
WHEREAS, the Office of the (, 1tv Clerk talked to Winona Borittager, who is president of
the Lancaster School of Massage and official record -keeper for the Professional School of
Massage, Langhorne, Pcnnsy]vanla;and
WHEREAS, per phone conversation and a letter, Ms. Bontrager stated there is no record
of ChunXing Lin graduating frorn the professional School of Massage and that an official
school transcript signed by ani,one other than David Scott is fraudulent; and
WHEREAS, the Office of the City Clerk learned, through the Arizona State Board of
Massage website and through follow-up with a phone conversation, that certificate of
graduation documents from the Professional School of Massage signed bl,./\ifm Zlicng are
false; and
WHEREAS, in the course of its Investigation, the Office of the City Clerk learned the
educational documents (official school transcript and certificate of graduation) provided by
the applicant were false, and;
WHEREAS, due to the false documentation and the untruthful information provided in
thcapplication, the Office of the City Clerk rccon-it-ricnds denial of ChUTIXing ],in's request
for a massage therapist license due to the applicant not meeting I'llk River City (,ode
requirements; and
WHEREAS, on Fcbruary 1, 2016, a hearing was held by the Elk River City Council to
consider ChunKing.Lin's request for a Massage Therapist License; and
WHEREAS, at this hearing the applicant and A others wishing to speak had opportunity
to present evidence and testimony for his case.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, that the Massage Therapist License request by ChumNing Lin, who is
seeking employment at.joy Massage, located at 19242 Elvans Street, NW, in the City of 1'.,]k
River is denied based on the following findings:
1. City Code��38-224(c) (1) Denial, suspension, or revocation, provides for license
denial when — "The license application contains any false, fraudulent, or deceptive
statements and such statements are grounds for revocation or suspension of the
license."
The denial is based on the untruthful answers provided by ChunXing Lin who
declared the information in his application to be truthful and understood that
falsification of answers may result in denial of the license.
2. City Code X38-243 (a) 1.7.ducational Requirements, provides for license denial when ---
"Each
"Each applicant for a massage therapist license shall furnish with the application
proof of the following:
(1) a diploi-na or certificate of graduation from a school approved by the
American Massage Therapist Association or other similar reputable massage
association;
(2) a diploma or certificate of graduation from a school which is either
accredited by a recognized educational accrediting association or agency, or is
recognized by the state higher education coordinating board or other state
agency havuibg jurisdiction over the school."
The denial is based on ChunXing J,in not meeting the educational requirements of
Elk River City Code.
3. The findings in the recitals set forth above, which are based upon the city's
investigation into the application submitted by ChunXingy 1 -in. are incorporated into
this decision along with the entire record on this matter.
Passed and adopted this 1" day of February 2016.
rt;sr-
Tina Allard, City Clerk
I
i An JA)ietz, Mayor