Montana Attorney General Opinion 15-137

Opinion No. 137 Barbers-Licenses-Penalties. HELD: That no penalties may be im- posed upon duly licensed barbers who are delinquent in the payment of their annual license taxes other than those specifically provided for by law. April 4, 1933. You have requested further advice in connection with our Opinion No. 115, issued March 16, 1933. Section 11 of Chapter 18, Laws of 1931, proyides for an examination, to determine fitness, for which a fee of $15.00 shall be charged. After the ap- plicant has successfully passed the ex- amination he is required to pay $3.00 for issuing his certificate, and on or OPIKIQXS OF THE ATTORNEY GENEJ.{AL lOi hefore August 1st of each year a fee of $:3.00 to rcnew his certificate. No olher fees are provided for by the act or laws of the state. I n case of \-iola tions of the act, the hoard may, aftel' heaJ"ing, suspend or revoke the certificate of any barber who wilfully yiolates any provision of the act or perSistently fails to conform to the lawful rules and regulations pro~ mulgated by the board. This means that one's certificate may be revoked only "after hearing." "After hearing" tan mean nothing less than that any barber holding a certificate shull I.Je formally charged with some violation of the act or legal rules or regulations of the board, that have been duly pro- mulgated, and brj\-en an opportunity to defend himself, (State v. Schultz, 11 Mont. 4(9), and after hearing his right to follow his trade, may not be sus- pended nor his certificate of registra- tion revoked unless he bc found to have wilfully vi{llated the act or persistently failed to conform to such rules and regulations. Unless the board, after hearing, revokes his certificate, no new examination may be required or the fl'C therefor demanded. We suggest, however, that your board may properly require as a condition precedent to renewal, payment of any <lelinquent yearly renewal fee, for any preceding year during which the barber actually pmctised without having ob- tained his renewal. 'Vhere a license is required before one may engage in any particular trade, profession or bUSiness, as a rule no fee is charged for any period of time that he is not actually following his occupation. ~'wo methods are pro\-ided by the act to enforce its provisions: First, by sus- penSion or revoca tion of certificate of registration by the board, and, second, hy charging the offender with a mis- demeanor by court action. Either one or both of these remedies may I.Je ap- plied, Ilnd both may be prosecuted at I h c sa me time.