Chapter 4726-15 Causes of Action

(A) No person shall engage in the practice of optical dispensing unless they are licensed for that purpose by the state optical dispensers board. Said licenses to practice shall be current and shall not have been fraudulently obtained.

(B) All actions pursuant to section 4725.53 of the Revised Code shall comply with Chapter 119. of the Revised Code including the following:

(1) Notice shall be given to the licensee by registered mail of his right to a hearing on the question of whether or not his license should be suspended, revoked, or denied, or whether a fine should be imposed or restitution ordered;

(2) The notice shall include the reason or reasons for such proposed action, the law or rule allegedly violated, and a statement informing the licensee he is entitled to a hearing, if he requests it within thirty days of the time of mailing the notice;

(3) The notice also shall inform the licensee that he may appear in person or be represented by his attorney or present his position in writing and that at the hearing he may present evidence and examine the witnesses;

(4) If a licensee requests a hearing, the board shall immediately set the time and place for such hearing and notify the licensee thereof. The date of hearing shall be within fifteen days but not earlier than seven days after the licensee has requested the hearing unless otherwise agreed to by the board and the licensee;

(5) Any party adversely affected by any order of the board issued pursuant to an adjudication hearing may appeal to the court of common pleas of the county in which the place of business of the licensee is located or the county in which the licensee is a resident. If any such party is not a resident of or has no place of business in Ohio, he may appeal to the court of common pleas in Franklin county, Ohio.

R.C. 119.032 review dates: 11/07/2005 and 11/07/2010

Promulgated Under: 119.03

Statutory Authority: 4725.44

Rule Amplifies: 4725.53, 4725, 54, 4725.55

Prior Effective Dates: 11/29/79, 8/4/94(Emer), 10/14/94, 4/10/01