Montana § 37-31-312 Inspection -- Provisional Licenses

Montana Statutes

§ 37-31-312 — Inspection -- Provisional Licenses

Montana·Title 37 PROFESSIONS AND OCCUPATIONS·Ch. 31 BARBERING, COSMETOLOGY, ELECTROLOGY, ESTHETICS, AND MANICURING·Part 3 Licensing

37-31-312 . Inspection -- provisional licenses.

(1)The department shall appoint one or more inspectors, each of whom shall devote time to inspecting salons or shops and performing other duties as the department, in cooperation with the board, may direct. The inspectors may enter a salon or shop, booth, or school during business hours for the purpose of inspection. The refusal of a licensee or school to permit the inspection during business hours is cause for license revocation.

(2)When an owner or operator applies for a shop or salon license and pays licensure and inspection fees prescribed by the board, the board:

(a)may authorize the department to grant to a new salon or shop a provisional license under 37-1-144 ; or

(b)shall, in order to avoid a disruption of business, authorize the

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37-31-312 . Inspection -- provisional licenses. (1) The department shall appoint one or more inspectors, each of whom shall devote time to inspecting salons or shops and performing other duties as the department, in cooperation with the board, may direct. The inspectors may enter a salon or shop, booth, or school during business hours for the purpose of inspection. The refusal of a licensee or school to permit the inspection during business hours is cause for license revocation.
(2) When an owner or operator applies for a shop or salon license and pays licensure and inspection fees prescribed by the board, the board:
(a) may authorize the department to grant to a new salon or shop a provisional license under 37-1-144 ; or
(b) shall, in order to avoid a disruption of business, authorize the department to grant a provisional license to an existing shop or salon whose owner or operator is currently in good standing with the board, as defined by the board by rule, and who is relocating to a new location. An owner or operator of an existing shop or salon may not receive a provisional license under this section within 90 days of a license renewal date.
(3) A provisional license granted pursuant to subsection (2) authorizes the salon, or shop to operate until an inspection is conducted of the salon or shop and the salon or shop owner or manager has had 30 days to respond in writing to all inspection report violations to the board office. A license will not be granted to a salon or shop if the board does not receive a response within 30 days from the date of the inspection or the response received does not indicate that all of the inspection violations have been corrected, in which case a new license application must be filed.
(4) The department shall require an inspector appointed under subsection (1) to conduct an annual inspection of each salon or shop in the state.

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Legislative History

(1)En. Sec. 13, Ch. 104, L. 1929; re-en. Sec. 3228.13, R.C.M. 1935; amd. Sec. 11, Ch. 222, L. 1939; amd. Sec. 73, Ch. 350, L. 1974; Sec. 66-813, R.C.M. 1947; (2), (3)En. Sec. 66-813.1 by Sec. 2, Ch. 85, L. 1974; amd. Sec. 2, Ch. 305, L. 1977; Sec. 66-813.1, R.C.M. 1947; R.C.M. 1947, 66-813, 66-813.1; (4)En. Sec. 9, Ch. 106, L. 1981; amd. Sec. 56, Ch. 345, L. 1981; amd. Sec. 5, Ch. 260, L. 1985; amd. Sec. 10, Ch. 602, L. 1985; amd. Sec. 8, Ch. 88, L. 1989; amd. Sec. 1, Ch. 458, L. 1991; amd. Sec. 8, Ch. 473, L. 1993; amd. Sec. 9, Ch. 305, L. 1997; amd. Sec. 15, Ch. 243, L. 2003; amd. Sec. 2, Ch. 194, L. 2005; amd. Sec. 89, Ch. 467, L. 2005; amd. Sec. 10, Ch. 100, L. 2011; amd. Sec. 12, Ch. 15, L. 2015; amd. Sec. 11, Ch. 544, L. 2021; amd. Sec. 27, Ch. 279, L. 2025.