THE ORNEY GENERAL 

OF TEXAS 

The State Board of Water Engineers Opin-i,on No. WW-314 

Austin, Texas 

Re: Whether or not the 

,Jttorney General must 

approve a person filing 

for the positions of 

examiner and assistant 

examiner for the Board 

Gentlemen: of Water 3~>@n~~ers. 

In reply to your letter of August 15, 195'7, in wlhich 

YOU ask whether the Attorney General is required to approvsz 

applicants for the positions of examiner and assistant exam'~ner 

for th,e State Board of Water; Engineers, we tender the follow:j.n~g 

opinion: 

The 

slons (6) and 

fo:.:i.ows : 

answe'r to your qu,estlon is to be found in subdivi- 

(11) of Arkl~~,le c;~+77, V.C.S., which we quota as 

"(6) The Board may appoint such other employees as may be deemed necessary for tlhe eff'io.cnt 

nerforman~.e of the duties authorized and required 

of it t.y law. 

"(11.) The ‘ttor:r:rJ General shall :TP the leg.al 

advisor OT the 'TJ board a:Xi 3hall represen.t Y! t Ian li+igatlon to whici: Jt- m::y be a !;)a!,%y; provided, that 

in addition, the Chai~r;,;lan, su',ject to approval of 

the Board and written consent of tha Attorney General 

of the State, may employ other iegal counsel regularlY> or may engage their services temporarily. Suits 

to enforce any provisions of this chapter may be prosecuted :i~n ,the co:irt:; c;.f the State by the Attorney 

General." 

The language above quoted req!l1.res the Attorney General's approval of all legal counsel employed by the Board, 

whether (employed regularly or temporarily. The position of 

legal counsel, however, Ls distinct and separate from the position of examiner or assistant examiner. 

In administrative practi~ce generally, an examiner 1s 

primarily a hearing officer iho conducts hearings for the agency 
State Board of Water Engineers, page 2 (WW-314) 

and performs other incidental duties as required by the agency 

or by statute. See Davis, Administrative Law, Sets. 91 et seq. 

The status. oowers and duties of an examiner depend upon the 

terms of the-statute providing for his appointment and the rules 

and regulations adopted by the administrative agency which he 

serves. 73 C.J.S., Public Administrative Bodies & Procedure, 

Section 17. 

Subdivision (11) of Rnl;icle 7477 places the duty and 

responsibility for legal advice and representation upon the 

Attorney General and requires his approval of all persons cmployed by the Board in the capacity of legal counsel. whether 

such persons~are employed regularly or temporarily. This does 

not mean, however, that the approval of the Attorney General 

would be required for a position other than that of legal counsel. 

In our opinion, subdivision (6) of Article 7477 empowers the Board to employ an examiner or ?ssistant examiner 

without the approval of the Attorney General. 

SUMMARY 

The Attorney General is not required to 

approve a person filing for tile positions 

of examiner or assistant examiner for the 

State Board of Wa.ter Engineers. The Board 

may not, however, employ legal counsel, 

regularly or temporarily, without the approval of the 4ttorney General. 

HB:PC 

APPROVED: 

OPINION COMMITTEE: 

H. Grady Chandler, Chairman 

J. C. Davis 

James N. Ludlum 

RI!XIEWED FOR THE ATTORNEY QENERAL 

BY: 

Geo. P. Blackburn 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

By++ /2wwfk 3, 

Houghton Brownlee, Jr. 

Assistant