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Show r UWV " The Salt Lake Tribune y,nr,"y 3, 1983 Thursday, February WffllW W- ' .'tU'V Utahs Top Court Says Massage Licensing Act Sets Up Impossible Situation direct oral and written examinations which must be passed before an applicant may become a licensed massage technician in Utah. and and there can be no board until there is licensing. The situation has barred implementation of the law, and only the Legislature can fix it, Justice Durham wrote. The suit was originally brought by Mini Spas Inc., doing business as the Kings Palace, and Rusty Hanna, and a group of masseurs doing business as the Society of Licensed Masseurs. Plaintiffs, the decision said, asked 3rd District Court to permit the defendant Division of Registration to construe the act as requiring the division to create the Utah Board of Massage.That board must supervise By Dave Jonsson Tribune Staff Writer state Legislature, and not the Utah Supreme Court, will have to make repairs to the 1981 masseur licensing act that contradicts itself to the point that it cannot be impleThe mented, the high court has ruled. The Massage Practice Act of 1981 sets up a licensing board to test and approve new licensees, wrote Justice Christine M. Durham for the court, but it also requires that license board members be licensed. The contradiction sets up an impossible situation where no licensing can occur because there is no board. But the act also requires that four licensed massage technicians serve on the board. Wrote Justice Durham: Plaintiffs argue that, since legislative intf nt was clearly to create a functioning Board of Massage, this court must effectuate that intent by amending the statute to provide for the appointment of an initial board. The plaintiffs, the decision noted, proposed that the court accomplish this by grandfathering" an initial as written," the decision said. This does not mean that when language has a plain meaning to which effect cannot legally be given, the court will try to guess at what the lawmakers intended. set of board members. But, said the spect to the initial board. decision, "(plaintiffs) are unable to "The language (of the act) is clear, Identify any language anywhere in the act or its legislative history understandable and unambiguous, which suggests that the Legislature notwithstanding the unfortunate rehad such a process in mind with re sult that it cannot be implemented I v D irfTTTV CTS-TTS- LJ o v i y cri w ; 1 c: m A Or.rJV A v. i ' 1 lwmJ : .Y ' i . IN . ?Hsi - U V f' fT l J r. ? f RENT TO OWN ONE OF THESE GREAT APPLIANCES . . . AND WELL GIVE YOU A GIFT FOR YOUR VALENTINE! HOW DO I Rent To Own Free Delivery Rent By Phone Low Payments LOVE THEE. . . LET ME COUNT THE WAYS w , V FREE No Credit Checks No Repair Bill No UN ISO NIC : CALCULATOR with ni!1'! MONTH ON ANY SALT LAKE VALLEY HKNT-TO-OW- TELEVISION FROM 0n Rent-to-Ow- only n -2 Mediterranean Style Dual Speaker Other console from $10 week Remote console from $17.50 ( l T HOTLINE 263-333- NEW 25 CONSOLE I ; Month Minimum Based Week on Monthly Rate 7 8 New 19 COLOR TRACK CASSETTE STEREO COLOR TV Si 13 New TV ;.025 Black & White from J Week i2.oo-Mont- 19 $10. ' Week h $1 Tuner Automatic Record Changer Dolby Noite Reduction Caette PUyer Recorder AM-F- Player-Record- 2.00-Mont- h 13 Color Remotes from 8. k STEREO WDOLBY 8 Track & Cassette Black & White from Color Remotes from DELUXE CASSETTE 5 AM-FTuner 'Automatic Record Changer 1. J Week DAILY VIDEO RECORDER lb- l'A..Ld J - NEW Monday-Thursda- y VIDEO VO V -- Qw- "Aper Night For Members W-- v 1 RECORDER - 0 KcO O i :., VI til i Month V,, f J D Programmable Portable Home Unit AC-D(battery not incl.) Automatic Rewind MOVIES FROM Members C NEW YK WASHER Week : I v timed 'Perm.-Kni- t cycle Temperature controls No best fluff Non I 7of. 90-mi- ; IIH :DD "012 Week K level Bo1 selection SeeV A temperatures Permanent prest-kncycle Activated oak $; KAH.-I- j'OOHi ifj cycle j ! MICROWAVE i Week Big capacity it NEW DELUXE ) No-fro- Cl Week Energy Saver Switch Spacious door storage. Full size touch control 9 power level Probe & Cookbook included fcl ifrriii iiOb si fcs iAi' .ilj?ajbiii.nHbi j |
