## 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'quiredto grant a Hearing Aids reciprocal license to Penthouse Apts., Room 105 aperson who has 1212Guadalupe neither a residence Austin, Texas 78701 nor place of business inTexas. Dear Mr. Boff:

Inyour recent letter you requested the opinion of this department on the following question:

"Under Section 1.08 ofArticle 4566-1.01 ofVernon'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 ofhearing aids in Texas. Article 4566-1.06 sets out the requirements of aperson desiring to take an examination for a license. Article 4566- 1.08provides 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:

"Acareful examination ofArticle 4566 reveals that no residence requirement has been made inany part of the statute. You are therefore advised that it is the opinion of this office that any person,
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wherever resident, who can satisfy the examination requirements set forth inSection 1.06 of Article 4566 isentitled 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:

"Onand after May 1, 1970, inaccordance with Section 1.06, 1.08, 1.09 of theArticle, all persons applying for licenses shall furnish aphysical home address and aTexas place of business address: a post office box isnot acceptable." Opinion No. M-715 includes the following language: "Wefind no requirement under the provisions ofArticle 4566-1.06, 1.08 or 1.09 or any other of theprovisions of theAct which specifically require an applicant for a license inthis state to fit and dispense hearing aids tohave a 'physical' residence andbusiness address within the State of Texas.

$8

. . . "Sincewe find no express or implied authority for such a rule,we hold that it isvoid andunenforceable." Your inquiry dealt specifically with Article 4566-1.08. There isno express requirement intheArticle that an applicant for a reciprocity licensehave aTexas address orplace of business. We do not construe the statute as imposing such a requirement, especially inview 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

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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: 2Am.Jur.2d. 29,Admin. Law, Sec. 301:Attorney General's Opinion M-609-A (1970). An administrative agency may notmake an additional licensing requirement. Blatz Brewing Co. v. Collins, 69 Cal. App.2d 639, 160 P2d. 37 (1945).

Inview of the foregoing, you are advised that your Board may not require an applicant for a reciprocity license underArticle 4566-1.08 tohave aTexas residence or aTexas place ofbusiness. SUMMARY _------ The Texas Board of Examiners in the Fitting and Dispensing of Hearing Aids isnot 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 aplace ofbusiness inTexas. "';;d) truly yours,

Prepared by James S. Swearingen Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E.Allen, Co-Chairman

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Mr. John F. Boff, page 4,
Sally Phillips Jerry Roberts Lewis Jones Bill Craig SAMUEL D. MCDANIEL Staff LegalAssistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant (M-1219)

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