ND Optometry Jurisprudence study materials
ND Optometry Jurisprudence study resources

ND Optometry Jurisprudence: Regulatory Board Structure, Powers, and Procedures

ND Optometry Jurisprudence · Work through your exam, one topic at a time.

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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.