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17-89-309. Denial, suspension, or revocation — Grounds.

Arkansas Code — all titles (historical 2020) · legal_authorities

17-89-309. Denial, suspension, or revocation — Grounds.

17-89-309. Denial, suspension, or revocation — Grounds. (a) The Arkansas Board of Dispensing Opticians shall revoke or suspend or refuse to issue or renew a license or registration of any dispensing optician for any violation of any provision of this chapter or of any rules promulgated by the board, including, but not limited to, the following: (1) The applicant, licensee, or registrant obtaining a license or registration by means of fraud, misrepresentation, or concealment of material facts; (2) The applicant, licensee, or registrant engaging in conduct, including, but not limited to, engaging in the advertising practice commonly known as “bait and switch”, or establishing an ophthalmic dispensing business immediately adjacent to the office of a licensed optometrist or physician skilled in diseases of the eye in what is commonly known as a “side-by-side” operation, or engaging in the referral procedure commonly known as “capping and steering”; (3) The applicant, licensee, or registrant being convicted of a felony listed under § 17-3-102; (4) The applicant, licensee, or registrant violating any prohibitive provision under this chapter; (5) The applicant, licensee, or registrant engaging in any fraudulent, misleading, or deceptive advertising; (6) The applicant, licensee, or registrant failing to qualify for the license or registration; (7) The applicant, licensee, or registrant violating any other rule promulgated by the board; or (8) The applicant, licensee, or registrant using any narcotic drug or alcohol which impairs his or her ability to perform the work of an ophthalmic dispenser. (b) If after due notice and hearing a person licensed or registered as an optician or apprentice under this chapter is found to have violated this chapter, the board

Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-89-309

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Record provenance

Stable record: arkansas_code:legal_authorities:17-89-309
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4b723a349f8d72b2005b471f78bff8145b22b2f92a2633ced9dd7c05b06ca2cc

Source location: content.xml paragraph 24199

Stored source content

17-89-309. Denial, suspension, or revocation — Grounds. (a) The Arkansas Board of Dispensing Opticians shall revoke or suspend or refuse to issue or renew a license or registration of any dispensing optician for any violation of any provision of this chapter or of any rules promulgated by the board, including, but not limited to, the following: (1) The applicant, licensee, or registrant obtaining a license or registration by means of fraud, misrepresentation, or concealment of material facts; (2) The applicant, licensee, or registrant engaging in conduct, including, but not limited to, engaging in the advertising practice commonly known as “bait and switch”, or establishing an ophthalmic dispensing business immediately adjacent to the office of a licensed optometrist or physician skilled in diseases of the eye in what is commonly known as a “side-by-side” operation, or engaging in the referral procedure commonly known as “capping and steering”; (3) The applicant, licensee, or registrant being convicted of a felony listed under § 17-3-102; (4) The applicant, licensee, or registrant violating any prohibitive provision under this chapter; (5) The applicant, licensee, or registrant engaging in any fraudulent, misleading, or deceptive advertising; (6) The applicant, licensee, or registrant failing to qualify for the license or registration; (7) The applicant, licensee, or registrant violating any other rule promulgated by the board; or (8) The applicant, licensee, or registrant using any narcotic drug or alcohol which impairs his or her ability to perform the work of an ophthalmic dispenser. (b) If after due notice and hearing a person licensed or registered as an optician or apprentice under this chapter is found to have violated this chapter, the board may impose any one (1) or more of the following sanctions: (1) Suspension, revocation, or denial of the license or registration or the renewal thereof; (2) A penalty not to exceed one thousand dollars ($1,000) for each violation; (3) Place conditions or restrictions upon the person's license, registration, or practice; or (4) Such other requirements or penalties as may be appropriate to the circumstances or the case, and which would achieve the desired disciplinary purposes, but which would not impair the public welfare and morals. (c) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the board shall have the power to file suit in the Pulaski County Circuit Court to obtain the judgment for the amount of the penalty not paid.

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Arkansas Code — all titles (historical 2020) · legal_authorities

17-3-102. Licensing restrictions based on criminal records.

17-3-102. Licensing restrictions based on criminal records. (a) An individual is not eligible to receive or hold a license issued by a licensing entity if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court, unless the conviction was lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or otherwise previously sealed, pardoned or expunged under prior law: (1) Capital murder as prohibited in § 5-10-101; (2) Murder in the first degree and second degree as prohibited in §§ 5-10-102 and 5-10-103; (3) Manslaughter as prohibited in § 5-10-104; (4) Negligent homicide as prohibited in § 5-10-105; (5) Kidnapping as prohibited in § 5-11-102; (6) False imprisonment in the first degree as prohibited in § 5-11-103; (7) Permanent detention or restraint as prohibited in § 5-11-106; (8) Robbery as prohibited in § 5-12-102; (9) Aggravated robbery as prohibited in § 5-12-103; (10) Battery in the first degree as prohibited in § 5-13-201; (11) Aggravated assault as prohibited in § 5-13-204; (12) Introduction of a controlled substance into the body of another person as prohibited in § 5-13-210; (13) Aggravated assault upon a law enforcement officer or an employee of a correctional facility as prohibited in § 5-13-211, if a Class Y felony; (14) Terroristic threatening in the first degree as prohibited in § 5-13-301; (15) Rape as prohibited in § 5-14-103; (16) Sexual indecency with a child as prohibited in § 5-14-110; (17) Sexual extortion as prohibited in § 5-14-113; (18) Sexual assault in the first degree, second deg

Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-3-102

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-3-102. This identifies an authority to review, not proof of applicability.