§ 17-89-309 - Denial, suspension, or revocation -- Grounds.
17-89-309. Denial, suspension, or revocation -- Grounds.
(a) The Arkansas Board of Dispensing Opticians shall revoke or suspend or refuse to issue or renew a license or registration of any dispensing optician for any violation of any provision of this chapter or of any rules and regulations promulgated by the board, including, but not limited to, the following:
(1) The applicant, licensee, or registrant obtaining a license or registration by means of fraud, misrepresentation, or concealment of material facts;
(2) The applicant, licensee, or registrant engaging in conduct, including, but not limited to, engaging in the advertising practice commonly known as "bait and switch", or establishing an ophthalmic dispensing business immediately adjacent to the office of a licensed optometrist or physician skilled in diseases of the eye in what is commonly known as a "side-by-side" operation, or engaging in the referral procedure commonly known as "capping and steering";
(3) The applicant, licensee, or registrant being convicted of a felony in any state or federal court, and not pardoned, if the acts for which the person is convicted are found by the board to have a direct bearing on whether he or she should be entrusted to serve the public in the capacity of a dispensing optician;
(4) The applicant, licensee, or registrant violating any prohibitive provision under this chapter;
(5) The applicant, licensee, or registrant engaging in any fraudulent, misleading, or deceptive advertising;
(6) The applicant, licensee, or registrant failing to qualify for the license or registration;
(7) The applicant, licensee, or registrant violating any other rule or regulation promulgated by the board; or
(8) The applicant, licensee, or registrant using any narcotic drug or alcohol which impairs his or her ability to perform the work of an ophthalmic dispenser.
(b) If after due notice and hearing a person licensed or registered as an optician or apprentice under this chapter is found to have violated this chapter, the board may impose any one (1) or more of the following sanctions:
(1) Suspension, revocation, or denial of the license or registration or the renewal thereof;
(2) A penalty not to exceed one thousand dollars ($1,000) for each violation;
(3) Place conditions or restrictions upon the person's license, registration, or practice; or
(4) Such other requirements or penalties as may be appropriate to the circumstances or the case, and which would achieve the desired disciplinary purposes, but which would not impair the public welfare and morals.
(c) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the board shall have the power to file suit in the Pulaski County Circuit Court to obtain the judgment for the amount of the penalty not paid.