§ 17-89-408 - Office permit.
17-89-408. Office permit.
(a) (1) It shall be unlawful for any person or legal entity to conduct an office or place of business in this state where ophthalmic dispensing services are offered or performed unless that person or entity shall have first secured an office permit from the Arkansas Board of Dispensing Opticians pursuant to board regulation for each such office or place of business.
(2) However, persons or entities identified in 17-89-103 are exempt from this section.
(3) The office permit shall be prominently displayed in each office or place of business in this state where ophthalmic dispensing services are offered or performed.
(b) The office permit shall be renewed on or before July 1 of each year at a cost and pursuant to procedures to be determined by board rule or regulation.
(c) The board shall suspend, revoke, or refuse to issue or renew an office permit for any violation of any provision of this chapter or of any rules and regulations promulgated by the board, including at least the following:
(1) The applicant, person, or legal entity obtains an office permit by means of fraud, misrepresentation, or concealment of material facts;
(2) The applicant, person, or legal entity violates any prohibitive provision under this chapter;
(3) The applicant, person, or legal entity engages in any fraudulent, misleading, or deceptive advertising;
(4) The applicant, person, or legal entity fails to qualify for the office permit; or
(5) The applicant, person, or legal entity violates any other rule or regulation promulgated by the board.
(d) After due notice and a hearing regarding a violation of this section, the board may impose any one (1) of the following sanctions:
(1) Suspension, revocation, or denial of the office permit renewal thereof;
(2) A penalty not to exceed one thousand dollars ($1,000) for each violation;
(3) Such other requirements or penalties as may be appropriate to the circumstance or the case and which would achieve the desired disciplinary purpose but which would not impair the public welfare and morals.
(e) 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.