(1)  There is created an Optometrist Licensing Board consisting of five optometrists and two members from the general public who do not provide eye care services.

Terms Used In Utah Code 58-16a-201

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Board: means the Optometrist Licensing Board created in Section 58-16a-201. See Utah Code 58-16a-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
(2)  The board shall be appointed and serve in accordance with Section 58-1-201.

(3)  The board’s duties and responsibilities shall be in accordance with Sections 58-1-202 and 58-1-203, and as provided under this Subsection (3).

(4)  The board shall designate one of its members on a permanent or rotating basis to:

(a)  assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and

(b)  advise the division in its investigation of these complaints.

(5)  A board member who has, under Subsection (4), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint. The board member may be disqualified:

(a)  on his own motion, due to actual or perceived bias or lack of objectivity; or

(b)  upon challenge for cause raised on the record by any party to the adjudicative proceeding.

Renumbered and Amended by Chapter 13, 1997 General Session