At the date, time, and place previously set for the hearing, the Board shall convene and proceed to hear the charges under the following rules of procedure:

1. (a) A quorum of the Board must be present at all times during the hearing and only those Board members present for the entire hearing shall vote upon action of the Board at the conclusion of the hearing. The president shall preside or in his or her absence the normal progression to the chair shall be followed. However, if a member or agent of the Board shall have filed the complaint of charges under consideration at said hearing, then that member or agent of the Board shall not participate in the hearing other than to offer evidence as a witness.
2. (b) The Board's legal counsel shall first present witnesses and other evidence in support of the charges specified. The accused person or counsel thereof shall have the full and free right to cross-examine all witnesses testifying against the accused.
3. (c) Upon conclusion of all witnesses and other evidence presented by the Board's counsel, the accused person or counsel thereof shall present witnesses and other evidence in the accused's defense to the charges specified. The Board's counsel shall have the full and free right to cross- examine such witnesses.
4. (d) Upon conclusion of testimony presented by witnesses called for the accused's defense, the Board's counsel shall have the opportunity to offer rebuttal witnesses and testimony.
5. (e) The rules of evidence as applied in nonjury civil cases in the circuit courts of the state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The president of the Board shall rule on all evidentiary and procedural matters, which rulings shall be the act of the Board unless challenged at the said hearing by any member of the Board. Any such challenge shall be resolved by majority vote of the Board.
6. (f) If a subpoenaed witness fails to appear, the party subpoenaing the witness may present to the opposing party a written statement of what the witness would testify to if present and, if agreed upon by the other party, the statement shall be given the same weight as if the witness had testified in person. If any subpoenaed witness fails to appear, refuses to be sworn, refuses to be examined, or refuses to produce any book, record, paper, or other document as ordered by the Board, such facts shall be certified by the Board to the circuit court or the judge thereof in the county where such witness resides for action by such court or judge as is provided by law. Unless a written statement is submitted and agreed to for any such witness as provided above, upon motion of the party subpoenaing the witness, the hearing shall be continued for appropriate action with reference to such witness by the circuit court or judge of the county wherein he or she resides.
7. (g) The Board shall have the hearing proceedings recorded either by audio recording or by a court reporter. If the accused person desires a transcript of the recorded proceedings, the expense of said transcript shall be borne by the accused person.
8. (h) Upon completion of all evidence, the Board's counsel and the accused person or counsel thereof shall have the opportunity of presenting closing arguments to the Board as follows: Board's counsel first, accused person or counsel thereof second, and then Board's counsel shall close.
9. (i) Upon conclusion of all evidence and arguments, the Board shall proceed, in executive session, to deliberate the charges and evidence submitted in connection therewith. If a member or agent of the Board shall have filed the complaint of charges under consideration, then said member or agent shall not participate in the deliberation of charges specified above or the vote thereon. Any and all votes of the Board relative to the charges shall be taken in open session following deliberation. If a majority of the quorum of members of the Board conducting the hearing shall find that there is not substantial evidence to support the charge, then the Board shall forthwith and within thirty (30)days enter an order dismissing the charges. If, on the other hand, a majority of the quorum of members of the Board conducting the hearing shall find that the charge(s) are of merit and proven to their satisfaction, then the Board shall, within 30 days of the hearing's conclusion, render a final order consistent with Code of Ala. 1975, SS 41-22- 15, 41-22-16, which sections are adopted herein by reference.
10. (j) In all cases of suspension or revocation of licenses, fines, or of other disciplinary sanctions imposed by the Board as provided for by law, the accused person may appeal only to the circuit court of Montgomery County, Alabama. In all cases of suspension or revocation of licenses, the order specifying such sanction shall contain instructions relating the methods and requirements for reinstatement of said licenses. Except as may otherwise be provided herein to the contrary, judicial review of the orders and decisions of the Board shall be governed by the provisions of Code of Ala. 1975, S 41-22-20, which section is adopted herein by reference.
11. (k) Members of the Board of Optometry, any optometrists impaneled by the Board, and any optometrist or other individual making any report or rendering any opinion or supplying any evidence or information or offering any testimony to the Board in connection with a disciplinary investigation or proceeding as authorized in this chapter shall be immune from suit for any conduct with respect to such investigations, actions, hearings, and proceedings.

Author: Wallace D. Mills

Statutory Authority: Code of Ala. 1975, §§34-22-8, 41-22-13, 41-22-16, 41-22-20.

Editor’s Note: Previous rule (same title) filed September 13, 1982. Repealed: Filed July 9, 1990.

History: Filed July 9, 1990. Amended: Filed August 28, 1995; effective October 2, 1995. Amended: Published September 30, 2025; effective November 14, 2025.