The opinion
Hon. J. Manley Head Opinion No. M-181
Executive Secretary
Texas Board of Chiropractic Re: Whether under Article 459Oc.
Examiners V.C.S., the Texas State Board
Downtowner Office Building of Examiners in the Basic Sci-
300 E. 11th St., Suite L-7 ences has the authority or
Austin, Texas 78701 discretion to deny a certif-
icate of proficiency to an
applicant who presents a
transcript of credits show-
ing satisfactory completion
of sixty or more semester
hours of college credits as
prescribed by Section 16-a
of the Act and who is other-
wise qualified by law, and
Dear Mr. Head: related questions.
In connection with the current procedures on issu-
ance of certificates, the Texas State Board of Examiners in
the Basic Sciences has advised you that it will be the policy
of said Board to deny certification by waiver when the appli-
cation is based on college work carried simultaneously with,
or in addition to a normal course of study in a professional
school.
In your request for an opinion from this office you
state the following:
"Upon studying Section 16a of the Minimum
Standards Law, under which the Texas State
Board of Examiners in the Basic Sciences op-
erate and codified as 459Oc. V.T.C.S.. we
find the following language:
-~'I
'Sec. 16-a. The Board shall issue a
certificate of proficiency to any person
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Hon. J. Manley.Head, Page 2 (M-181)
who is otherwise qualified by law and who
shall present to the Board a transcript of
credits certifying that such person has
satisfactorily completed sixty (60) semester
hours or more of college credits at a col-
lege or university which issues credits
acceptable to the University of Texas lead-
ing t,ward a Bachelor of Arts or a Bachelor
,of Science Degree; said college or univer-
sity credits shall include the satisfactory
completion of all the subjects enumerated
in Section 1 of this Act with an average
of seventy-five percent (75%) or better in
each of such courses: and the University
.of Texas shall offer at the Main University
at Austin, Texas, beginning with the fall
semester 1949, courses in each of the enu-
erated subjects.'
"Heretofore, certificates of proficiency
have been granted to students upon proper pre-
sentation of their credentials as required by
law. Such certificates were then presented to
the Texas Board of Chiropractic Examiners prior
to examination as required by law.
"My questions are as follows:
"(1) Under the statute, does the Texas
State Board of Examiners in the Basic Sciences
have the authority to withhold, challenge, delay,
or deny a certificate of proficiency to any per-
son who is otherwise qualified by law.and who
presents to the Board transcripts of credits
certifying that such person has satisfactorily
completed sixty (60) semester hours or more of
college credits acceptable to and approved by
the University of Texas?
"(2) As used in Section 16a, do the words
'satisfactorily' and 'satisfactory' apply to
-866-
Hon. J. Manley Head, page 3::.(M:lSl).
.~.
the University of Texas or do they relate and
apply to the.Texas State Board of Examiners in
the Basic Sciences?
"(3) Does the Texas State Board of Exam-
iners in the Basic Sciences have the legal
right or authority to.reject, modify, change,
withhold, delay, or~refuse to grant a .person
a certificate of proficiency in the Basic
Sciences when such person has complied with
the .requirementsas stated in Section 16a
of the Minimum~Standards Law, codified,as
459oc, -v;T.c.s.?"
.,
'.Section 4 of Article 459Oc, Vernon's Civil Statutes,
provides thatthe Board shall make such~rules and regulations,
not inconsistent with the.law, as hit deems expedient to carry
this Act into effect. It is not the function of the Board to
enlarge or modify the statutory requirements laid down by the
legislature in Article 459Oc, Section 16-a. In 1 Tex,Jur.Zd
652, Administrative Law, Section 6, it is stated:
"Generally the powers of an admfnistra-
tive agency are derived entirely from legisla-
tive enactment. 'The agency has only such powers
as are expressly conferred on it by statute to-
gether with those necessarily implied from pow-
ers and duties expressly given or imposed.
"Although a statute conferring administra-
tive authority will generally be liberally con-
strued, the agency must not go beyond the clear
intent of the legislature. It may not enlarge
its powers by its own orders, or exercise a
power expressly conferred not upon it, but
upon another agency or arm of government."
The rules and regulations adopted by an agency must be with-
in the clear intent of the statute, and not in excess of the
powers delegated. 1 Tex.Jur.2d 657,~Administrative Law, Sec-
tion ll.:.The'language of Article 459Oc neither expressly nor
Hon. J. Manley Head, page 4 (M-181) ~:
impliedly gives the Board any discretionary powers to impose
requirements upon applicants other than those requirements set
out in thit statute itself.
We answer the three questions contained in your let-
ter as follows:.
(1) Under,the provisions of Section 16-a,of Arti-
cle 459Oc, the Texas State Board of Examiners in the Basic
Sciences does not have the authority to withhold, challenge,
delay, or deny a certificatesof proficiency to any person who is
otherwise qualified by law and who presents.to the Board Wan-
-scripts of credits certifying that such .personhas satisfactorily
comple~tedsixty',(60)semester hours or'more o.fcollege credits
acceptable to and approved by the University of Texas,
(2) As used in Section 16-a of said Articlg~4590c,
the words "satisfactorily" and ,"satisfactory"apply ,tothe Uni-
versity.of Texas and not to the ~Texas State Board of Examiners
in the Basic Sciences;
(3) The Texas State Board of Examiners in the Basic
Sciences does not have the legal right or authority to reject,
modify, change, withhold, delay. or refuse to grant a person
a certLficate of proficiency in the basic sciences when such
person has complied with the requirements as stated in Section
16-a of Article,4590c.
SUMMARY
The Texas State Board of Examiners in the
Basic Sciences does not have the anthorlty or
discretion to deny a certificate of proficiency
to an applicant who is otherwise qualified by
law and who shall present to the Board a tran-
script of credits showing satisfactory com-
pletion of sixty (60) or more semester hours
of college credits as prescribed by Section
16-a of Article 4590c,yernon's~Civil Statutes.
:,
-868-
.
Hon. J. Manley Head, page i (M-181)
& truly yours..
FORD C. MARTIN
orney General of Texas
Prepared by.J+ck Sparks
.Assistant Attorney General
APPROVED:
: OPINION COMMITTEES
Hawthorne~Phillips. Chairman
.KernsTaylor, Co-Chairman
W. V. Geppert
,Ralph Rash
Neil Williams
Lonny Zwiener
Roger,Tyler
A. J. CARUBBI. JR.
Staff Legal Assistant
,.