Ohio Admin. Code 4725-9-04 - Exemption from compliance
(A) A
licensed optometrist requesting exemption from compliance with the continuing
education requirement for a study compliance year because of illness or undo
hardship shall include documentation required by the board with valid reasons
prior to the renewal of any certificate of licensure.
(B) The board may grant a waiver of
continuing education and/or lapsed
late fees for opticians and
ocularists, only for the following reasons:
(1) Hardship;
(2) Illness; or
(3) Military service.
(C) Each optician or ocularist who holds a current, valid license and
is actively serving in the armed forces of the United States may apply to the
board on or before December thirty-first for an extension of the grace period
by sending a written request for the extension along with the following:
(1) The renewal fee specified by the board in
the form designated by the board;
(2) A copy of the orders mobilizing the
licensee to active duty; and
(3)
Orders indicating the length of active duty.
(D) Upon receipt and review by the board or
its designee of the documents as described in paragraph (B) of this rule, the
board shall extend the current reporting period for proof of continuing
education by an amount of time equal to the total number of months that the
licensee spent on active duty during the current reporting period in accordance
with division (B) of section
5903.12 of the Revised
Code.
(E) The board maintains the
right to grant or refuse requests for an extension or for a waiver on a
case-by-case basis.
(F) Denial of
an application for licensure or examination or any proposed action against a
license shall be in accordance with Chapter 119. of the Revised Code.
(1) Pursuant to section
119.07 of the Revised Code, a
request for an administrative hearing on the proposed action shall be received
by the board within thirty days of the mailing of the notice of opportunity for
a hearing.
(2) If a request for an
administrative hearing is not received by the board within thirty days of the
mailing of the notice of opportunity for a hearing, the board upon
consideration of the charges cited, may take appropriate action in the absence
of the applicant or licensee.
(G) The board may refuse to grant a license,
suspend or revoke the license of any person or impose a fine or order
restitution for violation of any provision of sections
4725.40 to
4725.59 of the Revised Code or
any lawful order of the board.
(H)
If requested by the board, the prosecuting attorney of a county, the village
solicitor, or the city director of law of a municipal corporation, whenever a
violation of sections
4725.40 to
4725.59 of the Revised Code
allegedly occurs, shall take charge of and conduct the prosecution in
accordance with division (B) of section
4725.54 of the Revised
Code.
(I) In addition to any other
remedy provided in sections
4725.40 to
4725.59 of the Revised Code, the
board may request the attorney general or an appropriate prosecuting attorney
to apply to an appropriate court for an order enjoining the violation of
sections 4725.40 to
4725.59 of the Revised Code and
in accordance with section
4725.54 of the Revised Code. On
a showing that a person has violated or is about to violate sections
4725.40 to
4725.59 of the Revised Code, the
court shall grant an injunction, restraining order, or other order as
appropriate. The injunction proceedings are in addition to all penalties
provided in sections 4725.40 to
4725.99 of the Revised
Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 4725.09, 4725.44
Rule Amplifies: 4725.09, 4725.16, 4725.44
Prior Effective Dates: 01/01/1965, 03/10/1975, 06/01/1999, 10/01/2011, 08/30/2019
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