- (a) A majority vote of the Arkansas Board of Dispensing Opticians shall be required to support the recommendation of the Complaint Committee.
(b)
- (1) If the board agrees with the determination of the Complaint Committee that the case should be dismissed, the complainant and the respondent shall be so notified.
- (2) Additional evidence. If additional evidence of conduct contrary to the laws or rules governing dispensing opticians is presented within sixty (60) days after the matter has been closed with no action, the case may be reopened and acted upon under regular procedures.
(c)
(1) If the board determines that the complaint presents sufficient evidence of a violation, it may decide to resolve the matter through:
- (A) An informal meeting;
- (B) An offer of consent agreement; or
- (C) A formal disciplinary hearing.
- (2) If the board votes to hold a formal hearing, the board shall comply with the requirements of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
(3)
- (A) The board may offer or the respondent may request an informal hearing of a complaint before the board consisting of a face-to-face meeting with the respondent to discuss the allegations of the complaint.
- (B) Prior to an informal hearing the respondent must sign a consent statement agreeing to the terms and conditions of an informal hearing.
(4)
- (A) If the board determines that a consent agreement may be appropriate, the board shall authorize its attorney to enter into negotiations for a consent agreement subject to the board’s final approval.
- (B) The board may recommend terms for a consent agreement offer by the attorney to the respondent based only upon the anonymous report presented to the board by the Complaint Committee.