37-31-331. Refusal, revocation, or suspension of licenses -- grounds -- notice and hearing. (1) The board may refuse to issue, may refuse to renew, or may revoke or suspend a license in any one of the following cases:
     (a) failure of a person, firm, partnership, or corporation operating a cosmetology salon, manicuring salon, esthetics salon, or a school of cosmetology, manicuring, or esthetics to comply with this chapter;
     (b) failure to comply with the sanitary rules adopted by the board and approved by the department of public health and human services for the regulation of cosmetology salons, manicuring salons, esthetics salons, or schools of cosmetology, manicuring, or esthetics;
     (c) gross malpractice;
     (d) continued practice by a person who knowingly has an infectious or contagious disease;
     (e) habitual drunkenness or habitual addiction to the use of morphine or any habit-forming drug;
     (f) permitting a certificate of registration or license to be used when the holder is not personally, actively, and continuously engaged in business; or
     (g) failure to display the license.
     (2) The board may not refuse to authorize the department to issue or renew a license or to revoke or suspend a license already issued until after notice and opportunity for a hearing.

     History: En. Sec. 11, Ch. 104, L. 1929; re-en. Sec. 3228.11, R.C.M. 1935; amd. Sec. 10, Ch. 222, L. 1939; amd. Sec. 71, Ch. 350, L. 1974; R.C.M. 1947, 66-811; amd. Sec. 12, Ch. 602, L. 1985; amd. Sec. 10, Ch. 473, L. 1993; amd. Sec. 69, Ch. 418, L. 1995; amd. Sec. 99, Ch. 546, L. 1995; amd. Sec. 10, Ch. 305, L. 1997.