Board Recuses Commissioner Knox, Denies Rehearing in Lee’s Oriental Massage Case

The San Francisco Board of Appeals on Nov. 20 voted to recuse Vice President Randall Knox from consideration of a rehearing request filed by Lee’s Oriental Massage and then denied the rehearing.

President Frank Fung opened discussion of a rehearing petition after counsel for the appellant said a five-page declaration by investigator Adriel Hampton was introduced only at the original hearing and therefore was "new" evidence that the appellant could not meaningfully rebut. Counsel argued the declaration should have been stricken because it was not provided with adequate notice.

Cecilia Mangoba, representing the Department of Public Health, said the declaration was presented at the prior hearing because the department did not know it would be precluded and that allowing Hampton to testify did not alter the outcome. She said the record contains ample evidence and that the board is presumed to have reviewed the record unless shown otherwise.

Before taking up the rehearing substance, a commissioner disclosed he represented a material witness connected to the appellant and moved to be recused. The board voted 5–0 to accept his recusal and he left the room. After hearing arguments, several commissioners said the earlier decision rested on the underlying pattern of violations and that admission of the investigator’s statement did not provide a basis to reopen the matter. Commissioner Michael Garcia moved to deny the rehearing; the motion passed by roll call (4–0 as the recused commissioner had left the room).

The board’s action leaves the Department of Public Health’s revocation in place; the appellant’s request for a new hearing was denied and no further rehearing will be scheduled unless new, materially different evidence is presented to the board.