Sherrerd v. Johnson, 72--134
| Decision Date | 26 June 1973 |
| Docket Number | No. 72--134,72--134 |
| Citation | 511 P.2d 923,32 Colo.App. 367 |
| Parties | Dennis P. SHERRERD, Plaintiff-Appellee, v. Earl H. JOHNSON, as Executive Director of the Department of Regulatory Agencies, et al., Defendants-Appellants. John E. VAN SUCH, Plaintiff-Appellee, v. Earl H. JOHNSON, as Executive Director of the Department of Regulatory Agencies, et al., Defendants-Appellants. . II |
| Court | Colorado Court of Appeals |
Bruno & Bruno, Frank A. Bruno, Denver, for plaintiffs-appellees.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., William Tucker, Asst. Atty. Gen., Denver, for defendants-appellants.
Appellees sought to be licensed by the State of Colorado as optometrists. Each satisfied the requirements of C.R.S.1963, 102--1--8, and were therefore allowed to take the optometry examination required by C.R.S.1963, 102--1--9. They took the examination and were advised that they had failed. After exhausting their administrative remedies they sought review in the district court. The court ruled that appellees had satisfied all the requirements of C.R.S.1963, 102--1--1 et seq., to obtain an optometry license and ordered that each be granted a license. The Colorado State Board of Optometric Examiners appeals. We affirm the district court.
The dispute on appeal centers upon an interpretation of C.R.S.1963, 102--1--9(2). That section provides that '(e)very person making a passing grade of seventy-five' on the optometry examination and otherwise qualified 'shall be granted a license.' In the test administered appellees, the board divided the exam into three separate parts and required the candidates to score at least 75 on each part. Both appellees scored below 75 on just one section and therefore, under the board's grading system, failed. In concluding that the appellees had passed the examination, the district court determined that the statute required the board to arrive at one numerical average. Therefore, it averaged the three scores which placed each appellee's score well above 75.
The board argues that it is within its prerogative to administer the examination as it sees fit for the betterment of the optometry profession, and that this includes categorizing test scores. However, as is the case with any administrative agency, the board must strictly comply with its enablingstatute. Flavell v. Department of Welfare, 144 Colo. 203, 355 P.2d 941. See also, Colorado State Board of Dental Examiners v. Schroeder, 174 Colo. 343, 483...
To continue reading
Request your trial
-
Adams v. Colorado Dept. of Social Services
...of meals, etc. Administrative agencies are legally bound to comply strictly with their enabling statutes. Sherrerd v. Johnson, 32 Colo.App. 367, 511 P.2d 923 (1973). The authority to regulate does not include the authority to legislate. Big Top, Inc. v. Schooley, 149 Colo. 116, 368 P.2d 201......
-
Maul v. State Bd. of Dental Examiners, 80CA0433
..."[A]s in the case with any administrative agency, the board must strictly comply with its enabling statute." Sherrerd v. Johnson, 32 Colo.App. 367, 511 P.2d 923 (1973); Public Utilities v. Colorado Motorway, 165 Colo. 1, 437 P.2d 44 The federal APA and the Colorado APA differ notably in the......
-
Rodgers v. Atencio, 78-717
...We hold that it does not. Administrative agencies are legally bound to comply strictly with enabling statutes, Sherrerd v. Johnson, 32 Colo.App. 367, 511 P.2d 923 (1973), and the authority to regulate does not include the authority to legislate. Big Top, Inc. v. Schooley, 149 Colo. 116, 368......
- Fenner & Shea Const. Co. v. Wadkins, 72--348