she did not contest and, and she should have because it did not establish that she was improperly atired as a masseuse in april of 2012. i submit that i think that the... and i might be correct that walsh can answer this question and on a second offense for improper attire and meaning the improper clothing it is elevated from a 250 fine on a first offense to $500. and here they are trying to impose the $500 accompanied by a 60 day suspension and i think that is a bit accessive. again miss lam is remorseful and she is sorry about the conduct that arose in the room of her being a friend of hers, and making love. and she is sorry about that. she is sorry about putting the board members through this type of a technical hearing but it is important to her that she maintains her local massage establishment permit. as a masseuse. >> i have a question. >> yes. >> so there is no criminal case pending? >> there never was a criminal case pending. there never was an arrest or a citation, and as far as i know, there was never a police report that was generated from this unfortunate incident. >> okay.

if you look at the code, it is quite clear that it said inappropriate atires applies at all times it is very specific. i would support the fact that there is a fine and if the going rate is on the second violation of $500 then i would support that. the other issue of suspension of her license, i don't find that there is enough information to make that judgment and i cannot support the suspension. >> i concur. >> and i do as well. >> obviously the police did not arrest or charge because there was no evidence of 637 b and so that can be the basis for either the fine or a suspension, i do agree to the improper attire at all times but i also agree that is worth the $500 fine and not the suspension. >> the fine is not before you, and the board has no authority over the fine. >> in the case of the suspension, then i would grant the appeal on the suspension.. >> all right. i am of a similar mind, i think whether the department had a right to suspend on the basis of the inappropriate attire, and it is i think they may have that right, but i do think that it is accessive. and i think that the