Regulatory Board Structure, Powers, and Procedures
Structure and authority
The North Dakota State Board of Optometry is created by NDCC ch. 43-13. The statute fixes its composition, appointment, terms, and officer structure; the board includes optometrist members and a public member. The board licenses, renews, investigates complaints, holds hearings, imposes discipline, adopts rules, sets fees, and administers examinations. Its authority is quasi-judicial and regulatory, not advisory only.
Procedural safeguards
- A complaint triggers intake and investigation. The board may request records, issue subpoenas if authorized, and obtain expert review.
- Before imposing discipline, the board must give notice of the charges and an opportunity for a hearing. The licensee may appear, be represented by counsel, present evidence, and cross-examine witnesses.
- Board meetings and records are subject to North Dakota open meetings and confidentiality rules; investigative materials may be protected.
- Final orders may be appealed under the statute, typically to district court on the administrative record.
Worked example
The board receives a complaint alleging unsafe prescribing. It investigates, sends a notice of hearing, and hears evidence. The licensee may not be summarily revoked without the statutory process unless a specific emergency provision applies. The reasoning: the board has broad power, but due process limits how it exercises that power.
Traps that cost marks
Do not assume the board can discipline without notice and a hearing. Do not assume board members are personally liable for official acts; immunity rules may apply. Do not treat an investigation as a final finding of guilt. Do not ignore a board subpoena or notice.