Hon. J. Manley Head 

Executive Secretary 

Opinion No. M-181 

Texas Board of Chiropractic Re: Whether under Article 459Oc. 

Examiners V.C.S., the Texas State Board 

Downtowner Office Building of Examiners in the Basic Sci300 E. 11th St., Suite L-7 ences has the authority or 

Austin, Texas 78701 discretion to deny a certificate of proficiency to an 

applicant who presents a 

Dear Mr. Head: 

transcript of credits showing satisfactory completion 

of sixty or more semester 

hours of college credits as 

prescribed by Section 16-a 

of the Act and who is otherwise qualified by law, and 

related questions. 

In connection with the current procedures on issuance of certificates, the Texas State Board of Examiners in 

the Basic Sciences has advised you that it will be the policy 

of said Board to deny certification by waiver when the application is based on college work carried simultaneously with, 

or in addition to a normal course of study in a professional 

school. 

In your request for an opinion from this office you 

state the following: 

"Upon studying Section 16a of the Minimum 

Standards Law, under which the Texas State 

Board of Examiners in the Basic Sciences operate and codified as 459Oc. V.T.C.S.. we 

find the following language: 

-~'ISec. 16-a. The Board shall issue a 

certificate of proficiency to any person 

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Hon. J. Manley.Head, Page 2 (M-181) 

who is otherwise qualified by law and who 

shall present to the Board a transcript of 

credits certifying that such person has 

satisfactorily completed sixty (60) semester 

hours or more of college credits at a college or university which issues credits 

acceptable to the University of Texas leading t,ward a Bachelor of Arts or a Bachelor 

,of Science Degree; said college or university credits shall include the satisfactory 

completion of all the subjects enumerated 

in Section 1 of this Act with an average 

of seventy-five percent (75%) or better in 

each of such courses: and the University 

.of Texas shall offer at the Main University 

at Austin, Texas, beginning with the fall 

semester 1949, courses in each of the enuerated subjects.' 

"Heretofore, certificates of proficiency 

have been granted to students upon proper presentation of their credentials as required by 

law. Such certificates were then presented to 

the Texas Board of Chiropractic Examiners prior 

to examination as required by law. 

"My questions are as follows: 

"(1) Under the statute, does the Texas 

State Board of Examiners in the Basic Sciences 

have the authority to withhold, challenge, delay, 

or deny a certificate of proficiency to any person who is otherwise qualified by law.and who 

presents to the Board transcripts of credits 

certifying that such person has satisfactorily 

completed sixty (60) semester hours or more of 

college credits acceptable to and approved by 

the University of Texas? 

"(2) As used in Section 16a, do the words 

'satisfactorily' and 'satisfactory' apply to 

-866- 
Hon. J. Manley Head, page 3::.(M:lSl).~. 

the University of Texas or do they relate and 

apply to the.Texas State Board of Examiners in 

the Basic Sciences? 

"(3) Does the Texas State Board of Examiners in the Basic Sciences have the legal 

right or authority to.reject, modify, change, 

withhold, delay, or~refuse to grant a .person 

a certificate of proficiency in the Basic 

Sciences when such person has complied with 

the .requirements as stated in Section 16a 

of the Minimum~Standards Law, codified,as 

459oc, -v;T.c.s.?" 

., 

'. Section 4 of Article 459Oc, Vernon's Civil Statutes, 

provides thatthe Board shall make such~rules and regulations, 

not inconsistent with the.law, as hit deems expedient to carry 

this Act into effect. It is not the function of the Board to 

enlarge or modify the statutory requirements laid down by the 

legislature in Article 459Oc, Section 16-a. In 1 Tex,Jur.Zd 

652, Administrative Law, Section 6, it is stated: 

"Generally the powers of an admfnistrative agency are derived entirely from legislative enactment. 'The agency has only such powers 

as are expressly conferred on it by statute together with those necessarily implied from powers and duties expressly given or imposed. 

"Although a statute conferring administrative authority will generally be liberally construed, the agency must not go beyond the clear 

intent of the legislature. It may not enlarge 

its powers by its own orders, or exercise a 

power expressly conferred not upon it, but 

upon another agency or arm of government." 

The rules and regulations adopted by an agency must be within the clear intent of the statute, and not in excess of the 

powers delegated. 1 Tex.Jur.2d 657,~Administrative Law, Section ll.:.The'language of Article 459Oc neither expressly nor 
Hon. J. Manley Head, page 4 (M-181) ~: 

impliedly gives the Board any discretionary powers to impose 

requirements upon applicants other than those requirements set 

out in thit statute itself. 

We answer the three questions contained in your letter as follows:. 

(1) Under, the provisions of Section 16-a,of Article 459Oc, the Texas State Board of Examiners in the Basic 

Sciences does not have the authority to withhold, challenge, 

delay, or deny a certificates of proficiency to any person who is 

otherwise qualified by law and who presents.to the Board Wan- 

-scripts of credits certifying that such .person has satisfactorily 

comple~ted sixty',(60) semester hours or'more o.f college credits 

acceptable to and approved by the University of Texas, 

(2) As used in Section 16-a of said Articlg~4590c, 

the words "satisfactorily" and ,"satisfactory" apply ,to the University. of Texas and not to the ~Texas State Board of Examiners 

in the Basic Sciences; 

(3) The Texas State Board of Examiners in the Basic 

Sciences does not have the legal right or authority to reject, 

modify, change, withhold, delay. or refuse to grant a person 

a certLficate of proficiency in the basic sciences when such 

person has complied with the requirements as stated in Section 

16-a of Article,4590c. 

SUMMARY 

The Texas State Board of Examiners in the 

Basic Sciences does not have the anthorlty or 

discretion to deny a certificate of proficiency 

to an applicant who is otherwise qualified by 

law and who shall present to the Board a transcript of credits showing satisfactory completion of sixty (60) or more semester hours 

of college credits as prescribed by Section 

16-a of Article 4590c,yernon's~ Civil Statutes. 

:, 

-868- 
. 

Hon. J. Manley Head, page i (M-181) 

& truly yours.. 

FORD C. MARTIN 

orney General 

Prepared by.J+ck Sparks 

.Assistant Attorney General 

APPROVED: 

: OPINION COMMITTEES 

Hawthorne~ Phillips. Chairman 

.Kerns Taylor, Co-Chairman 

W. V. Geppert 

,Ralph Rash 

Neil Williams 

Lonny Zwiener 

Roger,Tyler 

A. J. CARUBBI. JR. 

Staff Legal Assistant 

,. 

of Texas