Horn v. Alabama Board of Examiners in Counseling

EDWARD N. SCRUGGS, Retired Circuit Judge.

This case involves the refusal of the Alabama Board of Examiners in Counseling (the board) to issue a license to Mrs. Horn.1

The board was created by the legislature in 1979 by Act 79-423 (the act) and is governed by and derives its authority therefrom. The act is presently codified in sections 34-8A-1 to -23, Code 1975. Section 34-8A-23 thereof (the “grandfather” clause) contains a provision which allowed the board, for a period of one year from July 18, 1979, to “grant the appropriate license upon payment of the required fee to any person submitting…