on that motion, commisioner fung? >> aye. >> and commissioner hurtado is absent. vice president lazarus? >> aye. >> and commissioner honda? >> aye. >> thank you. the vote is 4-0, with denial is upheld on that basis. >> we'll call item no. 9, appeal no. 12-101,shumei fang doing business as ceo health club, inc., versus department of public health, appealing a 90-day suspension issued on august 14th, 2012 of a massage establishment permit. director's case no. msg12 -39. this matter is on for hearing. we'll start with the appellant mr. horcher, you have 7 minutes. >> it's getting late. i am soring you are feeling ill and congratulations president hwang and vice president lazarus on your ascension. all of that talk about coffee and the gentleman talking about going through law school in the '70s and i can relate to that experience going through night school. having a hard time trying to stay awake during procedures class. i recall a professor making key points and one thing he always said, you should always examine the issue of jurisdiction. i have two primary points