Untitled Texas Attorney General Opinion ( 1968 )

Hon. Marjorie Taber Ogle Opinion No. M-258
Executive Secretary
Board of Vocational Nurse Re: Authority of the Board of
Rxaminers Vocational Rurse Examiners
1008 Sam Houston Building to place an additional
Austin, Texas 78701 charge upon candidates for
re-examination, and to in-
crease the application fees
Dear Mrs. Ogle: for reciprocity candidates.
You have requested the opinion of this office re,gard-
ing the above matters. In this connection you have provided us
with the following information:
"I-LB.1238 passed by the 60th Legisla-
ture, Regular Session, amended Section 9
of the Vocational Nurse Act (Article 4528``
Vernon's Texas Civil Statutes) to increase
the application and examination fee from
$10 to $15.
Yhe purpose for this increase in fee
is to offset the additional expense of ,a,d-
ministering the State Board Test Pool examtna-
tion which this Board proposes beginning with
the October, 1968 examination. It is estimated
that such additional expense to the agency will
amount to at least $5 per candidate.
"Our law as It is amended will take care
of testing for all new candidates; howver,
we ask your opinion as to whether we WOUld
be authorized under the Vocational Nurse Act
to charge an additional $5 for failures, past
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Mrs. Marjorie Taber Ogle, page 2 (M-258)
or future, who desire to rewrite the ex-
amination. This type candidate requires
the same expense as would a first-time can-
didate.
"Also, we would like to know if we
would be authorized to charge a $15 applica-
tion fee for reciprocity candidates seeking
license in Texas which amount would be com-
parable to the fee charged Texas nurses.
Reciprocity applicants are not generally
required to write examination again in
Texas. They now pay $10."
An administrative agency of the State has only the
power that is conferred upon it by the Legislature, and the
question df what may be charged by the Board is determinsble
only by examination of the particular authority delegated by
the Legislature. Section 9, Article 4528c, Vernon's,Civil
Statutes, provides, in part, as follows:
Yhe following shall be the fees charged
by the Board under this Act: application and
examination fee, Fifteen Dollars ($15): fee
of Ten Dollars ($10) for licensing existing
Vocational Nurses in accordance with Section
6 hereof; annual renewal fee, Two Dollars ($2);
penalty for late annual renewal fee, Two Dol-
lars ($2); fee for license by reciprocity,
Ten Dollars ($10); fee for accrediting train-
ing programs, Twenty-five Dollars ($25).
You are therefore advised that it is the opinion
of this office that the Board does not have the authority
to charge an additional $5 for failures who desire to re-take
the examination for licensing. However, we would point out
that if, pursuant to the power of the Board to make rules
and regulations under Section 4(b), Article~4528c, the Board
were to adopt a rule requiring a new application from persons
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. -
Mrs. Marjorie Taber Ggle, page 3 (M-258)
desiring to re-take the examination, the $15 fee required
by Section 9 would be again payable.
With regard to your question concerning an in-
crease in the application fee for reciprocity candidates
seeking license in Texas, your attention is directed to
the specific provisions of Section 9, supra, whereby the
Legislature has adopted a $10 fee for such licensing. The
Board has no authority to vary the license fee so established.
SUMMARY
The various fees collectible by the Board
of Vocational Nurse Rxaminers are established
by Sec. 9, Art. 4528~. V.C.S. The Board may
neither increase nor vary these established
fees. The Board may, by proper rule or regula-
tion, require a new application, together with
fee, from persons desiring to re-take the pro-
fessional examination.
truly yours,
cz7-
. MARTIN
ney General of Texas
Prepared by Malcolm L. QuiCk-'
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairman
Fisher Tyler
Alan Minter
Richard Choate
Wardl~owLane
A. J. CARUBBI, JR.
Executive Assistant
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