Hon. J. Manley Head

ExecutiveSecretary Opinion No. M-181

Texas Board of Chiropractic Re: Whether underArticle 459Oc. Examiners V.C.S., the Texas State Board Downtowner Office Building of Examiners in the Basic Sci300 E. 11th St., Suite L-7 enceshas the authority or Austin, Texas 78701 discretion to deny a certificate of proficiency to an applicantwho presentsa

Dear Mr. Head: transcript of credits showing satisfactorycompletion of sixty or more semester hours of college credits as prescribedby Section 16-a of theAct andwho is otherwise qualifiedby law, and related questions.

In connection with the current procedureson issuance of certificates, the Texas State Board of Examiners in the Basic Sciences has advisedyou that itwill be the policy of said Board to deny certification by waiver when the application isbased on college work carried simultaneouslywith, or in addition to a normal course of study in a professional school.

Inyour request for an opinion from this officeyou 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:

-~'I Sec. 16-a. The Board shall issue a certificate of proficiency to any person
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who is otherwise qualified by law and who shall present to the Board a transcriptof credits certifying that such personhas satisfactorily completed sixty (60) semester hours or more of college credits at a college or universitywhich issues credits acceptable to the University of Texas leading t,ward a Bachelor ofArts or a Bachelor ,ofScience 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 .ofTexas 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 properpresentation of their credentials as requiredby law. Such certificateswere then presented to the Texas Board of Chiropractic Examinersprior to examination as requiredby law.
"Myquestions are as follows: "(1) Under the statute, does the Texas State Board of Examiners in the Basic Sciences have the authority towithhold, challenge,delay, or deny a certificate of proficiency to any personwho is otherwisequalified by law.andwho presents to the Board transcripts of credits certifying that such personhas satisfactorily completed sixty (60) semester hours or more of college credits acceptable to and approvedby the University of Texas? "(2) As used in Section 16a, do thewords '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 Scienceshave the legal right or authority to.reject,modify, change, withhold, delay, or~refuse to grant a .person a certificate of proficiency in the Basic Scienceswhen such personhas complied with the .requirementsas stated in Section 16a of the Minimum~StandardsLaw, codified,as 459oc,-v;T.c.s.?"

., '. Section 4 ofArticle 459Oc, Vernon's Civil Statutes, provides thatthe Board shall make such~rules and regulations, not inconsistentwith the.law, ashitdeems expedient to carry thisAct into effect. It is not the function of the Board to enlarge or modify the statutory requirements laid down by the legislature inArticle 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 itby statute together with those necessarily implied from powers and duties expressly given or imposed. "Althougha 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 powersby its own orders, or exercise a power expressly conferred not upon it,but upon another agency or arm of government."
The rules and regulations adoptedby 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 ofArticle 459Oc neither expressly norHon. J. Manley Head, page 4 (M-181) ~:

impliedly gives the Board any discretionary powers to impose requirements upon applicants other than those requirementsset out in thit statute itself.

We answer the three questions contained inyour letter as follows:.

(1) Under,

the provisions of Section 16-a,ofArticle 459Oc, the Texas State Board of Examiners in the Basic Sciences does not have the authority towithhold, challenge, delay, or deny a certificates of proficiency to any personwho is otherwise qualified by law and who presents.to the BoardWan- -scripts of credits certifying that such .person has satisfactorily comple~tedsixty',(60) semesterhours or'more o.fcollege credits acceptable to and approved by the University of Texas,

(2) As used in Section 16-a of saidArticlg~4590c, the words "satisfactorily"and ,"satisfactory"apply ,totheUniversity.of Texas and not to the~TexasState Board of Examiners in the Basic Sciences;

(3) The Texas State Board of Examiners in theBasic 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 thebasic sciences when such person has compliedwith the requirements as stated in Section 16-a ofArticle,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 applicantwho 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 prescribedby Section 16-a of Article 4590c,yernon's~ Civil Statutes.

:,

-868-. Hon. J. Manley Head, page i (M-181)

# & trulyyours..

FORD C. MARTIN orney General Preparedby.J+ck Sparks .AssistantAttorney General

APPROVED: : OPINIONCOMMITTEES
Hawthorne~

Phillips. Chairman .KernsTaylor, Co-Chairman W. V. Geppert ,RalphRash NeilWilliams Lonny Zwiener Roger,Tyler

A. J. CARUBBI. JR. Staff Legal Assistant

,. of Texas