Board of Barbers of the Department of Professional & Occupational Licensing v. Big Sky College of Barberstyling, Inc.

The sole issue in this case is the validity of an administrative rule of the Board of Barbers requiring a year’s apprenticeship served in a commercial barbershop prior to examination and licensing as a barber. The District Court held the rule invalid. We affirm.

In October, 1979, Big Sky College asked the Board of Barbers if Clare Delaney, a recent graduate, could teach at the college and qualify that teaching activity as an apprenticeship for the purpose of examination and licensing as a barber. The Board treated this request as a petition for a declaratory ruling under the Montana…