The American Board of Opticianry and the National Contact Lens Examiners
(ABO and NCLE) can impose sanctions under these Procedures on any candidate
or certificate holder who is found to have (a) engaged in misrepresentation
or misconduct in the application or examination process, or (b) violated
the organizations’ Disciplinary Guidelines.
A written, signed complaint may be filed by any interested person,
or may be instituted by the ABO or NCLE.
Except in extraordinary circumstances, the complaint must be filed
within two years of the date of the alleged violation.
Upon the filing of a complaint, the ABO or NCLE shall initially determine
if there is a reasonable basis to proceed and whether the allegations,
if proven, would violate the Guidelines. If the conclusion is affirmative,
the organization shall advise both the Respondent (with a copy of the
complaint) and the Complainant(s) in writing of the nature of the allegations,
the identity of the Complainant(s), and the Guidelines that are at issue,
and shall enclose a copy of the Guidelines and these Procedures.
Any misconduct subject to the Disciplinary Guidelines of ABO and/or
NCLE may be considered and result in sanctions by one or both organizations.
The organizations may communicate with each other about potential misconduct.
Each body, however, will make its own decision.
The Respondent shall be given not less than sixty days to submit a
written response. The ABO and/or NCLE may seek appropriate information
from other knowledgeable parties as well. This information shall be
provided to the Respondent prior to the hearing or decision, so that
the Respondent can reply.
The Respondent shall be entitled to a hearing, if required in writing,
within sixty days of receipt of the complaint. The ABO and/or NCLE shall
set a time for a hearing before the Disciplinary Committee, which shall
be comprised of at least three Directors appointed by the Chairs of
the Disciplinary Committees. The hearing shall be of reasonable duration
and shall be conducted under the procedures to be decided by the Committee.
Formal legal rules of evidence need not be applied. The Respondent and
the Committee may be represented by counsel and may present documents
and witnesses. The heariang may be tape recorded. If the Respondent
and Committee agree, a conference call may suffice as a hearing.
The Committee shall decide the matter and advise the Respondent and
Complainant in writing. In addition, in certain cases, the Committee
may advise other appropriate persons, entities, or agencies of its decision.
The sanctions which may be prescribed by the Committee include being
barred from the examination for a specified period, non-certification,
revocation or suspension of a certificate, reprimand (when there is
a violation but no damage to another person,) censure, required on-the-job
supervision, education/training/counseling, referral of the matter to
appropriate governmental or other bodies, monetary fines, and other
appropriate action.
The Respondent may appeal an adverse decision of the Committee by written
notice filed with the ABO or NCLE within thirty days of receipt of the
CommitteeÕs statement. The Complainant and the Committee may also submit
an appeal statement within this period. The appeal shall be decided
by the Baord of Directors of ABO or NCLE, upon the written record, and
without further hearing. The BoardÕs decision shall be final.
At any time prior to the Committee hearing, the Respondent and the
ABO or NCLE may enter into an agreement for informal disposition of
a complaint, if that is deemed appropriate and acceptable to both sides.
