OFFICE OF THE AlTORNEY GENERAL OF TEXAS
AUSTIN
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State Beard of Barber Examlnera 3
Dear Sir:
tion was not
or before Lot-
d who reeka to
expired wrtliicate
ation arrtarrd
rty dayr there-
rovtded la Seetlon
010 7iM-8, Fend.
restor the orrtifloatr of
the applioant the proper tee
to be charged ir the maa OS
*t.eetlm W2Q or the Texas Barber Law pro-
tide8 that any registered barber my renew MS
asrtlflaate on or before Wcwember 1 each year
by pnylng; the renewal fee of &&So. d register-
ed barber er regirtereb assiataat barbey whore
State Boar4 of Barber kamlnerr, Page $2
oertlfloate of rsgletratlon ha6 expired, may,
within thirty days thersafter, an4 not later,
hare hi6 oertlfloate of reglstratlon restored
upon making a mmtlsraotory rhovlng to tha
Board, supported by hi6 persons1 affidavit,
vhioh, In the oplnlon of the Board, will ex-
ou6e the applioaat for harIng failed to re-
na hi6 oertlfloate wIthIn th6 time required
by thI6 Aot.
*Your opinion I6 re6peotfull~ r6que6ted
on the following question:
*If a oertlfloate were reoelred In thlr
offloe prior to Deoembw 16t. 6nd had to be
returned for an affIUavIt or other requlre-
mentr, euoh a6 oorreotlon of money Order,
eto. and failed to return It to thI6 oifioe
untli after Deoember 1, may we then renew
that oertlfloate ror the &!.SO fee, or murt
we again return It an4 ark for the prescribed
SS.00 relnstatement Soot*
In your nltten request you have not rpeoliled vheth-
er you hare particular referenos~ to a regIrtere4 barber or a
registerad a6616tant barber. Bowever,, In a telephone oonver6a-
tlon with you, you further aUvIre4 us that your requr6t va6
meant to aover 6ituationr wherein the appllaant va6 a rrglirtrr-
sd barber a6 well a6 where the applIoaat ma6 a r6gl6trrrd 86-
slstant barber. You 6tated further In your telephone oQmer68-
tlon that your department had, In the pant, re8tore4 the oertl-
floatee of regirtereb barbers as well a6 arrlrtant barbwr under
mImilIar fact6 glren in your written request and that in ;lour
request for an oplnlon you wore only Intiwe6te4 In the mount
o? moner to be oharged to the lpplioant where the Board doer
rrstorr hi6 oertifloate.
Artlole X54-a of the Penal Oobs, of Texa6, as found
In Vernon!,8 Annotate4 Criminal Statuter, contains vh6t I6 knovn
an4 referred to as *Thu Texas Barbar Law.* Seotlon !20 thereof
provides a6 iollov6:
*Sea. D3. That svery reglstsred barber an4
every registered aaslrtant barber, who oontInu66
In native praotloe or servloe, shall annually on
862
Btate Boar4 of Barber Examiners,Page 3
or before
. . the let day of loreaber of eaoh year
renew me oertlficnte of reglstratlonwhloh
shall be Issued by the Board of Barber Examiners,
upon the payment of e renewal feo of Tvo Dollar6
an4 Fifty Cent6 ($2.60). Every certlfloate of
registrationwhich has not been renewed prior
to that date shall exulrt on the 1st day OS
lorember of that year. A registered barber or
a registeredassistant barber, whose oertlfloate
of registration hae expired, may, within thirty
(SO) 4ays thereafter, an4 not later, have his
oertlfloate of registrationrestore4 upon mak-
Lng a satlsfaotoryshoving to the Board, sup-
ported by his personal affidarit,whloh, in the
opinion of the Board, will exotasethe applloant
for having failed to renew hi6 oertlfiaate vlth-
In the tine mouired by this Aot. Any registered
barber who retires from the practloe of barbering
for not more than ilre (5) years may renew his
oertlfioate of registration by making proper
shoving to the Board, supported by hIo personal
affI4avIt,which In the opinion of ths Boar4
would Justify the Boar4 in Iesulng a oertifloate
to such applicant a6 upon an OrIginhl a clioafilon
upon payment of a fee of five dollars (E5.00)
when filing affidavit a8 fee ior makIng exaaina-
tlon.*
The fact6 given In your request show that the lpplloant
has ma46 a substa.ntialeffort to oomply with the law governing
the restoration of an expired oertlfioatewithin the thirty day
per104 provided In the Statute an4 but for some mere Irregularity
he would have ooeplle4 fully with the provialonr thereof an4 vith-
in the time limit therein oontalned. Under three faotr, and oon-
sidering the provislone of Seotlon 20, as quoted above, of Artiolr
734-a of the Penal Code, an4 the other provision6 of the Texas
Barber Law, It Is our opinion that where the Boar4 restores on
expired certificateof a registered or a registered a6616tant
barber vho,oontInuesIn the aotlvr praotlao or service, the proper
fee to be charged the ap lloant by the Board i6 the SUP of Two
Dollare an4 Fifty Cents P&.50).
Pours very truly
ATTORNWX GENERAL r)FTEXAS
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“Y. )IoCraoken
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