Montana Attorney General Opinion 15-363

Opinion No. 363 State Examining Boal'd of Beauty CuI- tul'ists-Beauty Operators-H- censes-Reinstatement HEDD: The state board of beauty culturists may fix reasonable condi- tions for the reinstatement of one whose beauty operator's license has ex- pired. October 18, 1933. You request an opinion from this office on the following: "An operator duly licensed and registered by our Board has allowed her license to lapse b~' failing to renew on or before December 31, 1932, thus making her delinquent for 1933, and now desires to again become a registered operator. May I issue her a license for 1933 upon payment of five dollars or must she stand an examination and pay the fifteen dollar fee in order to become a registered operator?" Section 15 of Chapter 104, Laws of 1929, the Cosmetology Act, fixes the examination fee at $10.00 for appli- cants, and the annual license fee at $5.00. We do not think you may charge the $10.00 examination fee in case of a delayed renewal. Section 16 provides that all licenses shall expire on the 31st day of Decem- ber next succeeding unless renewed. This section further provides that, "Expired licenses may be renewed un- der special rules adopted by the Board." The last mentioned provision in the statute empowers the board to fix the conditions under which one whose license has expired may be re- instated. In exercising such power it is our opinion that the board should be governed in its rulings by the pro- visions of other laws in similar mat- ters, and fix a reasonable penalty for delinquency in paying the· license fee. The annual fee is $5.00 and twenty per cent penalty for delinquency would require one to pay $6.00 to be re- instated. We think if your board would establish a rule along these lines that it would be reasonable and within the intent of the Act. Opinion No, 364 Cities and Towns-Cornmission 1\Ian- agers - Budget Law HELD: Cities operating under the Commission Manager Form of Govern- ment are not required to comply with the Municipal Budget Law. October 19, 1933. You have asked for my opinion on the following question: "Are cities operating under the commission man- ager form of government, Chapter 173, Session Laws 1925, required to com- ply with Chapter 121, Session Laws 1931, known as the Municipal Budget Law?" The statutes relating to the Com- mission Manager form of government are Sections 5400-5520, R. C. M. 1921, us amended by Chapter 31, Laws of 1923, and Chapter 173, Laws of 1925. All of the cities in Montana are or- ganized under the general Alderman- :\layor form of City government, with the exception of the City of Bozeman, which alone is organized under the Commission Manager Act, originally