OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

lwmaaPy 10, 1939 

Hon. F.E. Eu&tor, SaaretarJ 

State Boar% oi ReglStrtitlOn 

For Professional Eag.l.neer# 

Austin. Texas 

5313 that au appltaant, 

e&etraticn as a profeeuated fxom the Unfvers5- 

8x058 in truth and 532 ract, 

1937. You adwise this 

orn applioatio3 cm the apo him by you. You further 

woul% not have been gPente% 

the true facta beau before it, 

outline a proaedurer which the Board 

case of this kiad, if it 58 our conert5ffoate should be CaiUelb3d. 

section 22 of hrtiole 327la, in part, reads 

a8 follom? 

"The Board shall have the power to r@- 

voke the cmtlficata of regietration of any 
. . 

Hon. F.E. Rightor, February 10, 1939, Psge 2 

registrant who 5s found guilty of: 

(a) The practioe of any fraud or deasit 5n obtaining a aertlrioate of registration; * l * 

In determing any suoh oharges the Board 

shall prooeed upon sworn information furn5shed 5t by any reliable resident of this State; 

such 5nformation shall bs in writing and shall 

be duly verified by the person ran&l&r w5t.h 

the faots therein o 

"i 

rged, and three (3) oopice of the same &al be filed with the Searstary of the Board. Upon reoeipt of sush inforrpatlOn the Board, if it deems:the 5n$ormatlon 

8qfrLoient to support further aotion on its 

PC, shall make an order setting the oharges 

therein aontained far hearing at a epeoified 

t5ms and plaoe, and the Seorstary of the Board 

shall oause a oopy of the Board's order and of 

the information to be served upon the aoowed 

at least thirty (30) days before the date appo5nted 5n the ordsr for the hearing. The aocused may appear in person orby oounsel, or 

both, at the time and plaae named in the ardsr 

and make his defense to the ssme. 'Ii the aooused rails or refuses to appoar,'the Board 

may proo&ed to hear and determ?.ne the oharges 

in his absenoe. If the aooused pleads guilty, 

or upon a hearing of tha charges the Board and 

a majority of its members shall find then to 

be true, it may entor an order revoking the 

oertif'loate of reglstratioa of swh reg5stBoed professional eng5neer. The Board shall~ 

have the power, through its Chairman or Searetarp, to admInister oaths and compel the attendanoe of witn&ses before lt as ia civil 

oases in the dietriot oourt by subpoena Issued 

over the signature of the Secretary and seal of 

the Board. If the aooused'deslrea the evidenos 

to be preserved and shall so inform ths,Board~ 

before the hearing is begun and shall deposit 
Hon. P.E. RightcPr, February 10, 1939, Page 3 

with the Board suoh a sum of money as the 

Board may deem reasonably necessary for the 

employment of a stenographer, then the Board 

shall employ suoh stenographer end when so 

employed he shall be the offioial stenographer of the Board for the purpose or report5ng the evidenoe and proosed5ngs of swh 

In prooeed5ngs under his section as 

x'othera a majority of the Board sh&ll 

constitute a’quorutn. 

When the Doard has oompleted suoh hearing it shall saake a reoord of its findings 

and order and shall deuse a oertified copy 

thereof to be forwarded to the aooused. 

Any person who nury feel himself aggrieve% by reascm of~the rerooation of his cart&- 

rioate of registration by the Board, aa h&e5nabove .authorized, shell have the right to 

file suit within thirty (30) days after reoelving notioe OS the Board's order revokiag &is 

oertirioate of registration, in the district 

aourfi of the county of his residenoe, or of 

the tmunty in whfoh the alleged offense relied 

upon as grounds for revooation took plaoe, to 

annul or vaoata the order of the Board revok5ug the oert5fioate of regiotmtioh. Said 

suit shall be filed against the Poerd as defendant, and,servioe of prooeos may be had upon its Chairman or Zoorotary. The s.xit shall 

be tried as other oivil causes, ths burden 

.of proof devo1vin.g u?on the plaintiff assailing the order of revoaation.* 

Seotion 23 of Artiole 32718 of the Revised 

Civil Statutea of Texas reads as follows: 

-On or after the f5rat day of Sauuary, 

1939, any person who shall pructioe, or offer 

to praatice, the profession of~engineerS.ug in 

tnis State wlthout being r&stared or exempt- 
Bon. P.S. Rightor, February 10, 1939, Page 4 

ad ln aaaordsnae with the prwlslons oi tnls 

Aat, or any person presenting or attempting 

to use as nis own the oertlflaate of reglstration or the seal of another, or any person who shall give sny false or forged ovldenae or anyklndtothe Bosrdorto any 

member thereof ln obtaining a aertlflaate of 

registration, or any person who shall violate 

any or the provisions of this Xot, be fined 

not less then One Rundred ( 

nor more than Five Rundred t 

100.00) Dollsre 

$500.00) Dollars, 

or be oonflned in 

exaoeding three (3 

all for's period of not 

months, or both. Eaah 

day of suah viol&ion shall be a sepsrste offence. 

The Board Is ahsrgedwlth the duty of 

aiding ln the enforoement ot the provisions 

or this Aat, and any member of the Board may 

present to a proseautlng 0fri0er oanplsintpl 

relatiaq to violations of any of the provlslons or this Aatt snd the Board through lte 

members orrleera, aounsel and agents msy 

esslst In the trial of any assea involving 

alleged violation of said stntut'es, subjoat 

to the control oi' the proseouting off9aars. 

The Attorney General or his asalstants 

shall act ;1s la& adviser of ths %xlrd and 

shall render suoh lc@11 assistance 11s zfty be 

nfm39~ary in 0nr0raing md na;dng esffxtive 

the prwls&ons of this Aot; provided thst 

this shall not relieve the loaal prosecuting 

dffiaers or any of their duties under the 

law as such.* 

You are respeattully odvlsed that it 1s the 

opinion 0r th$s department under your stntezf& of faots 

ssd under the authorities quoted above, YOU would be 

justlried to institute proaeedlngs outlined in Ssations 
Hon. F.X. Mghtor, February 10, 1939, Page 5 

22 and 23 or Artlole 327l.a above quoted, to revoke the 

aertlfloate at registration of the registrant beaause 

of the praatloe of fraud or dwelt in obtaizxlng the aertiritum and you would aloo be justified In ifling orimlnaJ. charges under Seation 23 against registrants. 

Trusting this answers your Inquiry, we are 

Yours very truly 

Wm. J.FannI.ng 

Assistant