Attorney General Opinions and Advisory Letters

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Opinion No. [29-37]

January 31, 1929

BY: M. A. OTERO, JR., Attorney General

TO: Hon. Judson G. Osburn, District Attorney, Roswell, New Mexico.

HAIRDRESSERS AND BEAUTY CULTURISTS

OPINION

I am just in receipt of your favor of the 29th inst. in which you request an opinion as to whether or not an "apprentice" may take an examination after service of six months in any one of the classifications designated in chapter 141 of the New Mexico Session Laws of 1925, which act regulates the occupation of hairdressers and beauty culturists.

In reply thereto will state that under the provisions of section 13 of said chapter 141, Laws of 1925, the matter would appear to rest largely in the discretion of the Secretary of the Board of Hairdressers and Beauty Culturists. The said section specifically provides what the preliminary qualifications for registration shall be. However, under the provisions of section 2 of the Act it is provided that practitioners must be engaging for compensation in the work they are doing. I presume that apprentices are working for compensation.

While the provisions of said section 13 are not exactly clear as to whether or not apprentices can register and take the examinations, still, it may well be implied therefrom that they are eligible. Therefore, if the Secretary of the Board, who is given rather broad powers, decides that apprentices have sufficient preliminary qualifications, I should say that they would be entitled to take the examinations, and I so hold.

Trusting that the foregoing gives you the information you desire, and with kindest personal regards and best wishes to you, I am

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