Thursday, June 11, 2015

admin. law - barbers - license - criminal conviction

Kirkpatrick v. Bureau of Prof. and Occup. Affairs – Cmwlth. Court – June 10, 2015



Barber’s license was improperly revoked based on his plea of nolo contendere to misdemeanor indecent assault, where the crime bore no relationship to his practice of barbering and the relevant statute referred only generally to engaging in “unethical or dishonest practice or conduct....” 


The General Assembly could have easily shown its intention to make a barber subject to discipline by indicating, as it had in other statutes, that a conviction would have that effect.  Without such indication of legislative intent, the Board would have complete discretion, unrestricted by any standards.




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