4 CCR 728-1.21 - FINING SCHEDULE FOR VIOLATIONS OF THE OPTOMETRIC PRACTICE ACT AND BOARD RULES
This Rule is promulgated pursuant to sections 12-20-204, 12-275-108(1)(b), and 12-275-122(1)(a)(III), C.R.S.
A.
Fines:
Non-Exclusive Sanction. The Board, in its discretion, may impose a
fine or fines in lieu of, or in addition to, any other disciplinary sanction.
The term optometrist as contemplated under section
12-275-122(1)(a)(III),
C.R.S., and this Rule shall include any person who has been licensed at any
time under the Optometric Practice Act to practice optometry.
B.
Fine for Each
Violation. Section
12-275-122(1)(a)(III),
C.R.S., provides authority for the Board to impose an administrative fine
against an optometrist for a violation of an administrative requirement. The
Board, in its discretion, may impose a separate fine for each violation and
shall consider the nature and seriousness of the violation prior to imposing
any fine.
C.
Fines:
Schedule of Fines. The Board may so impose a fine or fines
consistent with the following Schedule; however, nothing in this Schedule
precludes the Board from considering the nature and seriousness of the
violation prior to determining a fine amount:
1. For a Licensee's first violation, a fine
of no more than one thousand dollars ($1,000.00).
2. For a Licensee's second violation, a fine
of no more than two thousand five hundred dollars ($2,500.00).
3. For a Licensee's third and any additional
or subsequent violations, a fine of no more than five thousand dollars
($5,000.00).
In a Disciplinary Proceeding, in which fines are sought to be imposed, the Board in determining the number of violations for purposes of application of the above schedule may count as a violation, each prior violation adjudicated against the Licensee in a prior Disciplinary Proceeding.
D.
Payment of Fines.
1.
Fine Amount; When Due. A total fine amount of five
hundred dollars ($500.00) or less imposed by the Board must be paid in full,
including the applicable surcharge, at the time the Final Agency Order is
entered or a Stipulation is reached between the parties. A total fine amount
greater than five hundred dollars ($500.00) imposed by the Board must be paid
in full, including the applicable surcharge, in accordance with the time frame
set forth in the Final Agency Order or Stipulation.
2.
Delinquent Payment
Consequences. An optometrist who fails to pay a fine imposed under
this Rule as defined above pursuant to a Final Agency Order or Stipulation may
be subject to further discipline, including suspension or revocation of his or
her license to practice. Section
12-275-120(1)(f),
C.R.S., provides that violation of an Order of the Board is Unprofessional
Conduct.
E.
Compliance with Law. Payment of a fine does not exempt
the optometrist from continuing compliance with the Optometric Practice Act or
any orders of the Board.
Notes
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