This would be a good fact pattern for a
1L Legislation-Regulation final exam. The question posed by
the Board in its request is "Whether the Texas Board of Chiropractic Examiners has discretion to suspend or revoke a chiropractor’s license under
Texas Occupations Code section 201.5065 if the chiropractor is convicted of certain offenses." The language in this section makes suspension or revocation of a license
mandatory upon conviction of certain offenses. Other language sprinkled around the Occupations code provides for
discretionary suspension or revocation for other offenses. Apparently the Board wants clarification as to the effect of
mandatory authority on these
discretionary provisions. Nice little statutory interpretation problem, eh? I think the answer should be clear: the Board has both types of authority absent a clear indication that the legislature intended to negate the discretionary provisions. I'll get back to you when the AG's opinions staff gives us their answer . . .
No comments:
Post a Comment