Refusal or Revocation of Certificates; Appeals

1. Law
2. Georgia Code
3. Professions and Businesses
4. Optometrists
5. Refusal or Revocation of Certificates; Appeals

1. The board shall refuse to issue its certificate of registration and may revoke its certificate of registration issued to any person who is not of good moral character, or who commits an act involving moral turpitude, or who is guilty of unprofessional conduct, or whose certificate was issued through error, fraud, or perjury, or who knowingly makes any fraudulent, misleading, or deceptive statement in any form of advertising, or who makes any statement in any advertising concerning the quality of optometric services rendered by the registrant or licensee or any optometrist associated with him.
2. The board shall serve written notice of the charges on such accused person at least ten days prior to the date set for hearing, and said person shall be notified to appear before the board to answer the charges at such time and place as the board may direct. Such notice shall plainly set forth the charges made and notify the accused person to appear to answer the same. On such hearing, if the charges are found true, the accused having the right to produce witnesses in his behalf and cross-examine those testifying against him, the board shall render judgment after such hearing; and the person accused may enter an appeal to the next superior court of the county in which the hearing is held. If he is dissatisfied with the finding, such appeal is to be governed by the law relating to appeals in other cases.

(Ga. L. 1916, p. 83, § 7; Ga. L. 1933, p. 202, § 2; Code 1933, § 84-1110; Ga. L. 1972, p. 916, § 1; Ga. L. 1982, p. 1278, § 5.)

OPINIONS OF THE ATTORNEY GENERAL

Legislature intended to limit board's discretion in revoking or refusing registration.

- General Assembly by passage of this statute definitely presented bounds within which administrative discretion of board might be exercised in refusing to issue certificates of registration and to revoke such certificates of those persons guilty of highly unprofessional conduct. 1948-49 Op. Att'y Gen. p. 327.

Scope of board's authority over practitioners.

- Former Code 1933, §§ 84-1110 and 84-1111 (see now O.C.G.A. §§ 43-30-9 and43-30-12) enumerate fully the authority vested in the board which may be exercised by that body over any or all regularly licensed practicing optometrists or nonlicensed practicing optometrists; after admission to practice, there is no authority over licensed practicing optometrists given to the board outside of these sections. 1945-47 Op. Att'y Gen. p. 503.

Former Code 1933, §§ 84-1105 and 84-1110 (see now O.C.G.A. §§ 43-30-7 and43-30-9) clearly place discretionary authority in board over areas enumerated. 1945-47 Op. Att'y Gen. p. 496.

Violation of optometrists' code of ethics.

- Whether violation of code of ethics adopted by State Association of Optometrists constitutes highly unprofessional conduct warranting revocation of license to practice optometry was an administrative question for determination by the board. 1945-47 Att'y Gen. p. 504.

Certain advertising as unprofessional conduct.

- Whether certain types of advertising constitute highly unprofessional conduct warranting revocation of license to practice optometry is an administrative question for determination by the board. 1945-47 Op. Att'y Gen. p. 500.

RESEARCH REFERENCES

ALR.

- Hearsay in proceeding for suspension or revocation of license to conduct business or profession, 142 A.L.R. 1388.

Professional incompetency as ground for disciplinary measure against physician or dentist, 28 A.L.R.3d 487.

Improper or immoral sexually related conduct toward patient as ground for disciplinary action against physician, dentist, or other licensed healer, 59 A.L.R.4th 1104.

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