May 20, 1939
HonorableGeorge H. Sheppard Comptrollers.of PublicAccounts Austin,Texas
Dear Sir: OpiniosRJ. O-801 Re: Refuad of monay fYom suspense eooountthrcughState Board of Cos- metology.
76sare In receiptof your letter of Kay 11, 1939, Ia whioh you requestthe opinionof this departmentas to whetheryou tie authorised to Issuewarrantsagainstthe suspensefund for refund of application aJldlicensefees eat out Inthe attachedolaim filed bythe State l!oard of Hairdressersand Cosmetologists.
The ItaDs oontainedIn ihis claimare as follows:
IiAMEmDADDREss AMODRTOF AlmmoF REm DEFGSIT
(1) Roth, Gertrude,West Columbia t10.00 Decidednot to open a shop (2) Turpen,Mrs. Rvelyn, Cleveland 10.00 Deaidednot to open a shop
(3) Woolley,l&s. Rilday J, 3.00 LIoenseexpired Ft. worth Total -
Inquiryat the State Board of Cosmetologydisclosedthe faots up on which thuse olaimswere based to be as hereinafterset out. We assume that the facts given are oorreot.
ITRb41: The applicantforwarded$10.00 to the Board for a shop license,which money was not aocompaniedby 811applicationblank. The money was placed in suspenseand an applicationhlenk forwardedto the personm&lag peymentrequestingthat the blank be filled out and re- turned. The applicant,however,did not fill out and return the appli- cationblank but declinedto proceedfurthersnd requesteda refund of the $10.00which had theretofore,ben forwardedto the Board. r. ----- .
Eon. Gee. H. Shepperd,page 2 (o-801)
ITSM 2: $10.00was forwardedto the Board with no application blank attached. The money vms plaoed in suspenseand a blank forwarded totha senderrequestingthat it be properlyfilled out and returned. The requestof the Boardwas compliedwith tit the Inspectorrequired that tno doors be sealedup and closedbefore a oertificatecouldbe Issued. Applicantrefusedto complyPriththe requirementsof the Board and requestedthe return of the registrationfee, which had thsre- tofore been paid.
ITEM 3: ClaImantheld an operator'slicensewhich was not renewed withInthe time requiredbylaw. The annual lioenseor renewalfee of #3.00 mas sent to the Poard after such time had elapsed,and the Board notIfIedthe sender that the formerlicensehaving expired,It would lm necessaryfor the operatortotake an examinationand pay the required fee therefor. lhe olaImantrefusedto take the requiredsxeminationand pey the additionalfee and requestedthe return of the #3&O which had theretoforebeen sent to the Board as the annuallioensefee whioh had been rejected.
Article7S4b, Penal Code, containsthe followingprovisions:
"Seation 14, Non-resident hairdressersor cosmetologistsand graduates of lIaensedeohoolsmay only apply for exe&nation under the Ad upon the paymentof the szaminatioaand lioensefee . . .*
'SectionMb. Each applicationfor examinationto the State Board shall be soaompanIedly a aashier's oheak or post offioemoney order for the sum of $10.00."
sSectIon17. Each applicantto oonduota beau* parloras definedIn this Act shell aecomw such applicationwith a oashier'soheok Or post offIcemoney order for Ten Dollars(#10&O), . . . and such application for registration as an operatorto rao* In any beauty parlor shallbe accompaniedby a cashIerischeck of post offioemoney order for Ten Dollars ($10.00). . . .c
"Section18(a). The ennuallicensefee for conductinga beauty parlor shall be the sum of Five Dollars($3.00). . . and the annuallicense fee for operatorsto work.atthetrade or praoticeof beauty oulture shall be the sum of Three Dollars ($3.00). . .',:dl,
The above cited act is regulatory, basoi upon the state police power to safeguardthe publichealth and the Z'CESprovidedare license fees and not in