Case Information
*1 THE ATTBEZNEY GENERAL OFTEXA~
AUBTIN. 78711 -XAFI 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 re- quired 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 con- cerned 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, *2 wherever resident, who can satisfy the examina- tion 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 read- ing 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 unen- forceable."
Your inquiry dealt specifically with Article 4566-1.08. There is no express requirement in the Article that an appli- cant 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
Mr. John F. Boff, page 3, 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. truly yours,
"';;d) Prepared by James S. Swearingen
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Sally Phillips
Jerry Roberts
Lewis Jones
Bill Craig
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant