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

5313that au appltaant, e&etraticn as a profeeuated fxom the Unfvers5- 8x058 in truth and 532 ract, 1937. You adwise this
orn applioatio3cm 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 conert5ffoateshould be CaiUelb3d.

section 22 of hrtiole 327la, in part, reads a8 follom?

"The Board shall have the power to r@- voke the cmtlficata of regietrationof any.. Hon. F.E. Rightor, February 10, 1939, Psge 2

registrantwho 5s found guilty of:
(a) The practioeof any fraud or deasit 5n obtaininga aertlrioateof registration; * l *

In determingany suoh oharges the **Board** shall prooeed upon sworn informationfurn5shed 5t by any reliable residentof this State; such 5nformationshall 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:the5n$ormatlon 8qfrLoientto support furtheraotion on its PC, shall make an order setting the oharges therein aontainedfar hearing at a **epeoified** t5ms and plaoe, and the Seorstaryof the Board shall oause a oopy of the Board's order and of the informationto be served upon the aoowed at least thirty (30) days before the date appo5nted 5n the ordsr for the hearing. The aocusedmay appear in person orby oounsel,or both, at the time and plaae named in the ardsr and make his defenseto 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 aoousedpleads guilty,
or upon a hearing of tha chargesthe Board and
a majority of its members shall find then to be true, it may entor an order revokingthe oertif'loate

of reglstratioa

of swh reg5stBoed professionaleng5neer. The Board shall~ have the power, through its Chairman or Searetarp, to admInisteroaths and compel the attendanoeof witn&ses before lt as ia civil
oases in the dietriot oourt by subpoenaIssued
over the signatureof the Secretaryand seal of the Board. If the aooused'deslrea the evidenos to be preservedand shall so inform ths,Board~ before the hearing is begun and shall depositHon. P.E. **RightcPr,** February 10, 1939, Page 3

with the Board suoh a sum of money as the Board may deem reasonablynecessary for the employmentof a stenographer, then the Board shall employ suoh stenographer **end** when so employedhe shall be the offioial stenographer of the Board for the purpose or report5ng the evidenoe and proosed5ngsof 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 forwardedto the aooused.
Any person who nury feel himself aggrieve% by reascm of~the rerooationof his cart&- rioate of registrationby 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 oertirioateof 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 revooationtook plaoe, to annul or vaoata the order of the Board revok5ug the oert5fioateof regiotmtioh. Said suit shall be filed againstthe Poerd as defendant,and,servioeof prooeosmay be had upon its Chairman or Zoorotary. The s.xit **shall** be tried as other oivil causes,ths burden .ofproof devo1vin.g u?on the plaintiffassailing 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 professionof~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 presentingor 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 obtaininga aertlflaate of registration,

or any personwho shallviolate any or the provisionsof this Xot, be fined not less then One Rundred (
nor more than Five Rundred t100.00)Dollsre $500.00)Dollars,
or be oonflned in exaoedingthree (3 all for's period of not months, or both. Eaah day of suah viol&ion shall be a sepsrsteoffence.

The Board Is ahsrgedwlth the duty of aiding ln the enforoementot the provisions
or this Aat, and any member of the Board may presentto a proseautlng0fri0er oanplsintpl relatiaqto 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 allegedviolationof said stntut'es, subjoat to the control oi'

the proseouting

off9aars.

The Attorney General or his asalstants shall act ;1sla& adviser of ths %xlrd and shallrender suoh lc@11 assistance11s zfty be nfm39~ary

in 0nr0raing md na;dng esffxtive the prwls&ons of this Aot; providedthst 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 opinion0r th$s departmentunder your stntezf& of faots ssd underthe authoritiesquoted above, YOU would be justlried

to instituteproaeedlngsoutlined in SsationsHon. F.X. Mghtor, February 10, 1939, Page 5

22 and 23 or Artlole 327l.a above quoted,to revoke the aertlfloateat registrationof the registrant beaause of the praatloe of fraud or dwelt in obtaizxlng the aer

## tiritum and you would aloo be justifiedIn 

## ifling orimlnaJ. charges under Seation 23 againstregistrants. Trusting this answers your Inquiry,we are

Yours very truly

Wm. J.FannI.ng Assistant