ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR REQUEST FOR AN INFORMAL ATTORNEY GENERAL OPINION REGARDING THE COMMITTEE OF MECHANICAL EXAMINERS. THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL. RATHER, THE FOLLOWING ANALYSIS AND CONCLUSIONS, WHILE SOLELY MY OWN, HAVE BEEN REACHED AFTER CAREFUL RESEARCH OF THE QUESTION YOU HAVE RAISED.
YOUR FIRST QUESTION REQUESTS AN IDENTIFICATION OF THE POWERS AND DUTIES OF THE COMMITTEE OF MECHANICAL EXAMINERS (THE "COMMITTEE") IN RELATION TO THE STATE COMMISSIONER OF HEALTH (THE "COMMISSIONER") AND THE STATE BOARD OF HEALTH. THE COMMITTEE'S DUTIES ARE SET FORTH IN 59 O.S. 1850.4(H) (1991):
"H. THE COMMITTEE SHALL:
1. ASSIST AND ADVISE THE BOARD ON ALL MATTERS PERTAINING TO THE FORMATION OF RULES AND REGULATIONS PURSUANT TO THE PROVISIONS OF THE MECHANICAL LICENSING ACT;
2. ASSIST AND ADVISE THE DEPARTMENT ON ALL MATTERS RELATING TO THE LICENSING OF MECHANICAL CONTRACTORS OR MECHANICAL JOURNEYMEN AND THE REGISTERING OF MECHANICAL APPRENTICES;
3. CONDUCT INVESTIGATIONS INTO THE QUALIFICATIONS OF APPLICANTS FOR LICENSURE AND REGISTRATION AT THE REQUEST OF THE DEPARTMENT;
4. CONDUCT INVESTIGATIONS AND PROCEEDINGS, AT THE REQUEST OF THE DEPARTMENT, FOR ALLEGED VIOLATIONS OF THE MECHANICAL LICENSING ACT.;
5. DEVELOP AND ADMINISTER THE EXAMINATIONS FOR APPLICANTS FOR LICENSES AS A MECHANICAL CONTRACTOR OR JOURNEYMAN;
6. ASSIST AND ADVISE THE BOARD OR DEPARTMENT IN SUCH OTHER MATTERS AS IS REQUESTED THEREBY.
59 O.S. 1850.4(H)(5) (1991).
YOU ALSO ASK WHETHER THE COMMITTEE OF MECHANICAL EXAMINERS HAS "EXCLUSIVE" AUTHORITY TO DECIDE THE TIME AND LOCATION OF THE EXAMINATIONS ADMINISTERED PURSUANT TO THE MECHANICAL LICENSING ACT. PURSUANT TO THE STATUTORY AUTHORITY SET FORTH IN THE ACT, THE COMMITTEE DOES HAVE THE AUTHORITY TO DECIDE THE TIME AND LOCATION OF THE EXAMINATIONS. WHETHER OR NOT THIS AUTHORITY IS EXCLUSIVE WILL BE EXAMINED LATER WITH THE THIRD QUESTION YOU RAISE.
WITH RESPECT TO THE ISSUE OF THE COMMITTEE'S AUTHORITY TO SET THE EXAMINATION PLACE AND TIME, 59 O.S. 1850.4(H)(5) REQUIRES THE COMMITTEE TO DEVELOP AND ADMINISTER THE EXAMINATIONS. IN ADDITION, 59 O.S. 1850.6 REINFORCES THIS AUTHORITY BY AUTHORIZING THE COMMITTEE TO CONDUCT EXAMINATIONS ON AT LEAST A QUARTERLY BASIS.
THE CARDINAL RULE OF STATUTORY CONSTRUCTION IS TO GIVE EFFECT TO LEGISLATIVE INTENT. GRAND RIVER DAM AUTHORITY V. STATE, 645 P.2D 1011 (OKLA.1982). IN ADDITION, CONSTRUCTION THAT WOULD LEAD TO AN ABSURDITY MUST BE AVOIDED AND A RATIONALE CONSTRUCTION MUST BE EMPLOYED. LEDBETTER V. OKLAHOMA ALCOHOLIC BEVERAGE LAWS ENFORCEMENT COMMISSION, 764 P.2D 172 (OKLA.1988).
BASED ON THESE RULES OF CONSTRUCTION, IT IS REASONABLE TO CONCLUDE THAT BY GIVING THE COMMITTEE THE DUTY TO DEVELOP, ADMINISTER, AND CONDUCT THE EXAMINATIONS, THE LEGISLATURE INTENDED TO AUTHORIZE THE COMMITTEE TO DECIDE THE TIME AND LOCATION FOR THE EXAMS. THIS IS PARTICULARLY TRUE BECAUSE THERE ARE NO OTHER STATUTORY PROVISIONS ADDRESSING THE TIME AND LOCATION OF THE EXAMINATIONS. IT WOULD BE ABSURD TO CONSTRUE THE STATUTES TO FIND THAT THE LEGISLATURE REQUIRED THE COMMITTEE TO CONDUCT THE EXAMS BUT DID NOT GIVE IT, OR ANY OTHER ENTITY, THE AUTHORITY TO DETERMINE WHEN AND