Oregon Advisory Opinions October 13, 1958: OAG 58-155 (October 13, 1958)

OAG 58-155.

You ask whether or not the State Board of Accountancy may require that a candidate who passes part of his examination attend all subsequent examinations until he has passed all the required subjects of such examination.

ORS 673.060 (3) provides:

"A candidate who passes a satisfactory examination in at least two subjects or in accounting practice shall have the right to be re-examined in the remaining subjects only, at subsequent examinations held by the board; and if he passes in the remaining subjects within a period of time specified in the rules of the board, he shall be considered to have passed the examination. * * *"

Regulation 2 issued by the board in connection with ORS 673.060 specifies in part as follows:

"In order to pass, each applicant must receive a grade of at least 75 per cent in each subject in which he is examined. If any applicant passes a satisfactory examination in two subjects or in accounting practice in accordance with ORS 673.060 (3) he must, in order to receive credit for subjects passed, appear for each subsequent examination to be examined in the remaining subjects unless excused for good cause * * *."

The law clearly gives the State Board of Accountancy the authority to specify a time limit within which all subjects of the examination must be passed. It does not grant the authority to require that the applicant attend each examination held by the board. Accordingly, it is my opinion that the board has the statutory duty to fix a reasonable time in which the subjects of the examination must be completed. Any other standard, arbitrary or otherwise, would infringe upon the statutory right of the candidate.