24.121.406 NONROUTINE APPLICATIONS
(1) The board shall review an application containing any of the following criteria:
(a) criminal convictions and charges:
(i) a felony conviction of any nature if the sentence imposed for any such conviction has not been fully discharged or if the conviction was entered within the past ten years;
(ii) any conviction involving use or sale of drugs, fraud, deceit, or theft, pursuant to 37-1-316(1), MCA, if the sentence imposed for any such conviction has not been fully discharged or if the conviction was entered within the past five years;
(iii) a misdemeanor conviction relating to sex or violence, or three or more misdemeanor convictions if the sentence imposed for any such conviction has not been fully discharged or if the convictions were entered within the past five years;
(iv) a pending criminal charge if, as a conviction, it would cause the application to be "nonroutine" under (a)(i) through (iii); or
(v) for the purposes of this rule, a criminal charge resulting in a deferred sentence that has not been discharged as of the date of application is considered a conviction for purposes of determining whether the application is nonroutine. Misdemeanor traffic convictions not involving alcohol or drugs will not cause an application to be considered nonroutine.
(b) other unprofessional conduct:
(i) an investigation, complaint, consent agreement, or disciplinary action involving the applicant that either:
(A) resulted in a license or license application that was revoked, suspended, denied, withdrawn, or surrendered; or that was placed on probation or subjected to any condition or restriction for the period of two or more years; or
(B) resulted in a license or license application that is currently encumbered by a disciplinary sanction, meaning conditions imposed on the license have not been satisfied or are ongoing if the action was based upon the applicant's underlying conduct and not based on another state's or jurisdiction's disciplinary action; or
(ii) the applicant was diagnosed with an addiction or participated in a chemical dependency or other addiction treatment program within three years of submitting application. However, if treatment has been successfully completed and any recommended follow-up is being complied with, the department may consider the application routine;
(iii) the applicant answered "yes" on the application regarding a diagnosis for a physical condition or mental health disorder involving a potential health risk to the public; or
(iv) for a salon operating on a temporary practice permit, an inspection report reflecting three or more sanitation violations, prohibited items, use of machines outside of scope, permitting unlicensed practice, or other grounds constituting unprofessional conduct.
(i) the applicant's barbering, cosmetology, electrology, esthetics, or manicuring education was obtained in a foreign jurisdiction other than Canada;
(d) application discrepancies:
(i) failure to accurately and completely respond to a question on the application form. The department may treat an application as routine under this subsection if the department receives an adequate explanation for such a failure;
(ii) the department may, but is not required to, submit an otherwise "routine" application for board review if:
(A) questions arise whether the applicant meets all requirements for licensure, including, but not limited to, the demonstration of good moral character; or
(B) inconsistencies, irregularities, or other matters of concern, including but not limited to allegations of unlicensed practice, exist in the application or related documentation;
(e) with the exception of instructor and school licenses, an application will be deemed "routine" if it is "nonroutine" under this policy, based on information previously considered by the board, relative to a prior application that resulted in the issuance of an unencumbered license or if it resulted in a complaint that was resolved without discipline; or
(f) a booth rental application is always routine, so long as the applicant holds a current practice license and is not restricted from working as a booth renter.
History: 37-1-131, 37-31-203, MCA; IMP, 37-1-101, 37-1-131, 37-31-203, MCA; NEW, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2017 MAR p. 221, Eff. 2/18/17; AMD, 2018 MAR p. 1605, Eff. 8/11/18.