facie evi- dence of the proceedingsof the Board set forth there- in;and a t&script thereof,duly certifiedby the Secretary of the Board under seal, shallbe admissible 'In evidencewith the same force and effectas if the originalwas produced."
Since the Act requiresthat the record be one of "all applications"receivedand that it contain,certain specified-- formation,,thelogicalconclusionis that the.legislatureintended that every applicant,withoutexception,,~fflean applicationcon- tainingthat information.No tintion is made of application6filed under Section21. Had the legislatureintendedto make an excep- tion of the latterclass,we think it would have.sostated.
'The legislaturemust have had some purpose in requiring that the record be "availableto the public at all times." If an applicantunder not requiredto furnishsuch information,then that purpose,whateverit was, would be defeated.
Under the general.requirementsfor registration,to which there Is no exceptionmade in the Act, is includedSection 12(o) which reads ,inpart:
"Provided,that no person shall be eligiblefor registrationas a professionalengineerwho is not of good characterand reputation;. . ."
'Theobvious'purpose~of the legislaturein requiringlettersof reference(see Section 13) was to enable the board to satisfyit- self as to the characterand reputationof an applicant. The law contemplatesthat the applicantbe of good moral characterat the time he 16 registered. If an applicantunder Section21'werenot requiredto submitreferences,as set out in Section 13, the board would have .nobasis upon which to judge the characterof the ap- plicant,as of the time of his registration.
The provisionsof Section13 itself,indicatethat the legislatureintendedthat all applicationsshould containthe same information.The last sentenceof Section 13 refersto the amount of the fee to be paid by an applicantunder Section21, whose certificateIssuedby the NationalBureau of Engineering,is ac- ceptedas evidenceof his qualification.It is to be observed that this sentenceis a part of the very sectionwhich also pro- vides What shall be containedin an application. If the legislature . . -.
HonorableF. E. Rightor,Page 4 (O-1019)
had intendedthat there be.a differencebetweenthe applications in the two instances,we must presume it would have said so. In- stead, It startedSection 13 off with the word "applications", thus showingits intentionthat it be read "all applications".
foregoingreasons,it is .ourconclusionthat an applicantfor a certificateof registration8s a,professional engineerin Texas, seekingregistrationunder Section21 of the Act,,nustfully complywith the.provisionsof Section13 of the Act.
It follows.that,in the opinionof this department,ap- plicantsfor registrationunder Section21 of the Act under dis- cussionmust givesfive referencesas requiredby Section13, or to answer your questionphrased in the alternative,the Board ia not authorizedto pass .toregistrationsuch applicantswithout requiringcompletefulfillmentof the minimumrequirementsset out for applicationsin Section 13 of the Act.
Yours very truly
ATIORREYGENEXULOFTFXAS
By fsf James Noel James Noel Assistant
, This opinionha6 been consideredin conference,approved and orderedrecorded.
/s/.GeraldC, Mann Gerald C,.Manu A'!3ORN?IX GENE3ALOFTEXAS