Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN lwmaaPy 10, 1939 Hon. F.E. Eu&tor, SaaretarJ State Boar% oi ReglStrtitlOn For ProfessionalEag.l.neer# Austin. Texas 5313 that au appltaant, e&etraticn as a profee- uated fxom the Unfvers5- 8x058 in truth and 532ract, 1937. You adwise this orn applioatio3cm the ap- o him by you. You further woul% not have been gPente% the true facta beau before it, outline a proaedurer which the Board case of this kiad, if it 58 our con- ert5ffoate should be CaiUelb3d. section 22 of hrtiole 327la, in part, reads a8 follom? "The Board shall have the power to r@- voke the cmtlficata of regietrationof any Hon. F.E. Rightor, February 10, 1939, Psge 2 registrantwho 5s found guilty of: (a) The practioe of any fraud or de- asit 5n obtaining a aertlrioateof registra- tion; * l * In determingany suoh oharges the Board shall prooeed upon sworn informationfurn5sh- ed 5t by any reliable resident of this State; such 5nformationshall bs in writing and shall be duly verified by the person ran&l&r w5t.h the faots therein o rged, and three (3) oop- ice of the same &al"i be filed with the Sears- .. tary of the Board. Upon reoeipt of sush in- forrpatlOnthe Board, if it deems:the 5n$ormatlon 8qfrLoientto support further aotion on its PC, shall make an order setting the oharges therein aontained far hearing at a epeoified t5ms and plaoe, and the Seorstary of the Board shall oause a oopy of the Board's order and of the informationto be served upon the aoowed at least thirty (30) days before the date ap- po5nted 5n the ordsr for the hearing. The ao- cused may appear in person orby oounsel, or both, at the time and plaae named in the ardsr and make his defense to the ssme. 'Iithe ao- oused rails or refuses to appoar,'theBoard may proo&ed to hear and determ?.nethe oharges in his absenoe. If the aooused pleads guilty, or upon a hearing of tha charges the Board and a majority of its members shall find then to be true, it may entor an order revoking the oertif'loateof reglstratioaof swh reg5stBo- ed professionaleng5neer. The Board shall~ have the power, through its Chairman or Seare- tarp, to admInister oaths and compel the at- tendanoe of witn&ses before lt as ia civil oases in the dietriot oourt by subpoena Issued over the signature of the Secretary and seal of the Board. If the aooused'deslreathe evidenos to be preservedand shall so inform ths,Board~ before the hearing is begun and shall deposit Hon. P.E. RightcPr, February 10, 1939, Page 3 with the Board suoh a sum of money as the Board may deem reasonablynecessary for the employment of a stenographer,then the Board shall employ suoh stenographerend when so employed he shall be the offioial stenogra- pher of the Board for the purpose or report- 5ng the evidenoe and proosed5ngsof swh In prooeed5ngsunder his section as x'othera a majority of the Board sh&ll constitute a’quorutn. When the Doard has oompleted suoh hear- ing it shall saakea reoord of its findings and order and shall deuse a oertified copy thereof to be forwarded to the aooused. Any person who nuryfeel himself aggriev- e% by reascm of~the rerooation of his cart&- rioate of registrationby the Board, aa h&e- 5nabove .authorized,shell have the right to file suit within thirty (30) days after reoelv- ing notioe OS the Board's order revokiag &is oertirioateof registration,in the district aourfiof the county of his residenoe, or of the tmunty in whfoh the alleged offense relied upon as grounds for revooationtook plaoe, to annul or vaoata the order of the Board revok- 5ug the oert5fioate of regiotmtioh. Said suit shall be filed against the Poerd as de- fendant, and,servioeof prooeos may be had up- on its Chairman or Zoorotary. The s.xitshall be tried as other oivil causes, ths burden .of proof devo1vin.gu?on the plaintiff assail- ing the order of revoaation.* Seotion 23 of Artiole 32718 of the Revised Civil Statutea of Texas reads as follows: -On or after the f5rat day of Sauuary, 1939, any person who shall pructioe, or offer to praatice, the profession of~engineerS.ugin tnis State wlthout being r&stared or exempt- Bon. P.S. Rightor, February 10, 1939, Page 4 ad ln aaaordsnaewith the prwlslons oi tnls Aat, or any person presenting or attempting to use as nis own the oertlflaateof regls- tration or the seal of another, or any per- son who shall give sny false or forged ovl- denae or anyklndtothe Bosrdorto any member thereof ln obtaining a aertlflaateof registration,or any person who shall violate any or the provisions of this Xot, be fined not less then One Rundred ( 100.00) Dollsre nor more than Five Rundred t$500.00) Dollars, or be oonflned in all for's period of not exaoedingthree (3 months, or both. Eaah day of suah viol&ion shall be a sepsrste of- fence. The Board Is ahsrgedwlth the duty of aiding ln the enforoementot the provisions or this Aat, and any member of the Board may present to a proseautlng0fri0er oanplsintpl relatiaqto violations of any of the provl- slons or this Aatt snd the Board through lte members orrleera, aounsel and agents msy esslst In the trial of any assea involving alleged violation of said stntut'es,subjoat to the control oi'the proseoutingoff9aars. The Attorney General or his asalstants shall act ;1sla& adviser of ths %xlrd and shall render suoh lc@11 assistance11szftybe nfm39~aryin 0nr0raing md na;dng esffxtive the prwls&ons of this Aot; providedthst this shall not relieve the loaal prosecuting dffiaers or any of their duties under the law as such.* You are respeattullyodvlsed that it 1s the opinion 0r th$s departmentunder your stntezf& of faots ssd under the authorities quoted above, YOU would be justlriedto institute proaeedlngsoutlined in Ssations Hon. F.X. Mghtor, February 10, 1939, Page 5 22 and 23 or Artlole 327l.aabove quoted, to revoke the aertlfloateat registrationof the registrantbeaause of the praatloe of fraud or dwelt in obtaizxlng the aer- tiritum and you would aloo be justifiedIn ifling orim- lnaJ.charges under Seation 23 against registrants. Trusting this answers your Inquiry, we are Yours very truly Wm. J.FannI.ng Assistant