
Callejo-Tolosa v TSBME:
a. Woman failed the FLEX test 7 times, and passed on the 8th time. She received her license to practice in Vermont. She moved to Texas, and the board denied her a license. In Texas, there are other requirements requiring a year of training after each failure of the FLEX test, which was not a requirement of Vermont.
b. She appealed the board’s decision b/c the board did not waive the requirement.
c. HELD: the board subjectively licenses and evaluates its applicants. The board has discretion to give/not give licenses. The legislature has turned over all discretion to the board to make its rules and the requirement of training after failing FLEX is a requirement that must be adhered to.
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