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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