Please assume the following set of facts: The state legislature has enacted a statute creating the State Tattooing Authorization Board (STAB), which issues licenses for tattoo parlors in that state. The statute also provides that no tattoo parlor may provide tattooing services in the state without first obtaining a license from STAB (a "STAB license"). Finally, the statute provides that STAB has the authority to grant, deny, suspend, and revoke STAB licenses.

As required by the statute, Tattoos-Are-Us (TRUS) obtained a STAB license for its tattoo parlor in the state. However, STAB sent a certified letter, dated September 1, 2004, to TRUS stating that STAB intended to impose a $10,000 fine against TRUS on the grounds that TRUS had failed to comply with standards for safe tattooing practices. The letter also stated that TRUS had the right to object to the proposed $10,000 fine by requesting an administrative appeal before STAB within 30 days of September 1, 2004.

Rather than requesting an administrative hearing before STAB, however, the lawyer representing TRUS filed a lawsuit against STAB in state court on September 3, 2004.