THE ATTBEZNEY GENERAL 

OFTEXA~ 

AUBTIN. -XAFI 78711 

September15, 1972 

ML-. John F. Boff Opinion No. M- 1219 

Executive Director 

Texas Board of Examiners in the Re: Whether the Board is 

Fitting and Dispensing of re'quired to grant a 

Hearing Aids reciprocal license to 

Penthouse Apts., Room 105 a person who has 

1212 Guadalupe neither a residence 

Austin, Texas 78701 nor place of business 

in Texas. 

Dear Mr. Boff: 

In your recent letter you requested the opinion of 

this department on the following question: 

"Under Section 1.08 of Article 4566-1.01 

of Vernon's Civil Statutes, is the Board required to grant a license by reciprocity to an 

individual who does not intend to live or office 

in the State of Texas?" 

Articles 4566-l-01 through 4566-1.22, Vernon's Civil 

Statutes, govern the fitting and dispensing of hearing aids in 

Texas. Article 4566-1.06 sets out the requirements of a person 

desiring to take an examination for a license. Article 4566- 

1.08 provides for reciprocal arrangements. 

Attorney General's Opinion No. M-636 (1970) was concerned with a question similar to yours. That opinion includes 

the following language: 

"A careful examination of Article 4566 reveals 

that no residence requirement has been made in any 

part of the statute. You are therefore advised that 

it is the opinion of this office that any person, 

-5978- 
Mr. John F. Boff, page 2, (M-1219) 

wherever resident, who can satisfy the examination requirements set forth in Section 1.06 of 

Article 4566 is entitled to a license to fit and 

dispense hearing aids in the State of Texas." 

(Emphasis added.) 

Attorney General's Opinion No. M-715 (1970) was 

concerned with a rule adopted by the Hearing Aid Board reading as follows: 

"On and after May 1, 1970, in accordance with 

Section 1.06, 1.08, 1.09 of the Article, all persons 

applying for licenses shall furnish a physical home 

address and a Texas place of business address: a 

post office box is not acceptable." 

Opinion No. M-715 includes the following language: 

"We find no requirement under the provisions 

of Article 4566-1.06, 1.08 or 1.09 or any other of 

the provisions of the Act which specifically require 

an applicant for a license in this state to fit and 

dispense hearing aids to have a 'physical' residence 

and business address within the State of Texas. 

$8 

. . . 

"Since we find no express or implied authority 

for such a rule, we hold that it is void and unenforceable." 

Your inquiry dealt specifically with Article 4566-1.08. 

There is no express requirement in the Article that an applicant for a reciprocity license have a Texas address or place 

of business. We do not construe the statute as imposing such 

a requirement, especially in view of the fact that there is 

clearly no such requirement where an applicant follows the 

examination route. A statutory board"s rules and regulations 

may not impose any additional requirements which are'in excess 

-5979- 
Mr. John F. Boff, page 3, (M-1219) 

of the statutory requirements. Kelly v. Industrial Accident 

Board, 358 S.W.2d 874 (Tex.Civ.App. 1962, error ref.); 73 

CJS 415, Public Administrative Bodies, Sec. 94: 2 Am.Jur.2d. 

29, Admin. Law, Sec. 301: Attorney General's Opinion M-609-A 

(1970). An administrative agency may not make an additional 

licensing requirement. Blatz Brewing Co. v. Collins, 69 Cal. 

App.2d 639, 160 P2d. 37 (1945). 

In view of the foregoing, you are advised that your 

Board may not require an applicant for a reciprocity license 

under Article 4566-1.08 to have a Texas residence or a Texas 

place of business. 

_------ SUMMARY 

The Texas Board of Examiners in the Fitting 

and Dispensing of Hearing Aids is not authorized 

to impose on an applicant for a reciprocity license 

under Article 4566-1.08, Vernon's Texas Statutes, 

a requirement that he have a residence or a place 

of business in Texas. 

"';;d) 

truly yours, 

Prepared by James S. Swearingen 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

-5980- 
. . . 

Mr. John F. Boff, page 4, 

Sally Phillips 

Jerry Roberts 

Lewis Jones 

Bill Craig 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

(M-1219) 

-5981-