and Investigation Process
READ THE FOLLOWING INFORMATION CAREFULLY PRIOR TO
FILING YOUR COMPLAINT AND RETAIN THIS PAGE FOR FUTURE
Ohio Optical Dispensers Board (Board) has the responsibility
to enforce the laws and rules governing the practice
of Opticianry and Ocularistry in the state of Ohio.
Board has the authority to:
an application for failure to demonstrate the
requirements for licensure;
an individual’s license to practice as a licensed
Optician or Ocularist in Ohio for failure
to practice in accordance with the law and rules
or the standards of safe practice regulating
the practice of Opticianry and Ocularistry in
and discipline unlicensed individuals who illegally
sell/dispense without a current, valid prescription
for contact lenses, whether for correction or for
Board does not have the authority to:
financial compensation to a complainant (the
person or organization that files the complaint)
or intervene in litigation in any court;
legal jurisdiction over any licensed health
care professional, other than a licensed Optician
or Ocularist, who is practicing within their
legal scopes of practice.
How to File a Complaint
Complaint may be filed through the e-License website
at e-License Portal. Each section
of the form must be completed. Anonymous complaints
will be considered based on the completeness of
the information provided. Inability to contact the
person filing the complaint may hinder the Board’s
ability to conduct a thorough investigation.
Board will send an email acknowledging receipt of
the complaint. It is important that a person who
feels that they may have a complaint against an
Optician or Ocularist, enter in everything from
the time they feel they may have a complaint, to
record details while still fresh. The notes should
be dated; the names of everyone who has been contacted
or dealt with are recorded as well as logging all
phone conversations including who said what and
at what time. This information should be part of
the complaint filed with the Board.
Board’s investigatory staff investigates all
complaints received and will initially determine
if the complaint falls within the jurisdiction
of the Board’s authority. The Board will
notify a complainant if the matter does
not fall within the jurisdiction of the Board
and will close the complaint. If the complaint
is within the jurisdiction of the Board, a member
of the investigatory staff may ask for
additional information, such as documentation,
physical evidence, or clarification of
the information already provided by the complainant.
Interviews are conducted with the complainant
when deemed necessary.
Board routinely interviews the respondent (the
licensee or applicant who is the subject
of the complaint) and any other witnesses that
may have information regarding the complaint.
a violation cannot be substantiated following
an investigation, a case may be closed
with no formal action. Cases closed without
formal action do not become a public record;
therefore, information gathered during the course
of the investigation cannot be released.
The investigatory information, however, will
be kept in the respondent’s file and may
be used in any additional complaints filed against
that particular licensee.
an investigation indicates that a violation
appears to have occurred and formal action
is required, the Board may seek to negotiate
a Consent Agreement with the licensee
Consent Agreement is an agreement between the
Board and the licensee which usually contains
the applicable pieces of law or rules that the
licensee has violated, and any disciplinary
action(s) agreed upon by the Board and the licensee.
Agreements are public records and may be published
in any of the Board’s meeting minutes or
other publications of the Board or professional
Notice of Opportunity for an Administrative Hearing
a violation is believed to have occurred but
no consent Agreement is offered or agreed
upon by the respondent, the Board may file formal
charges, which are presented to the licensee
in a document titled “Notice of Opportunity
for Hearing.” If the Board approves
such charges, the respondent may request a public
administrative hearing within thirty (30)
days of the mailing of the notice.
an administrative hearing is scheduled, the
complainant is typically subpoenaed as a witness
to provide testimony in the hearing. In
such a case, the Assistant Attorney General
assigned to the Board assists and guides in
the preparation of witness testimony and
presentation of documentation. The licensee
also has the right to be represented by their
own legal counsel and to call witnesses and
present evidence and examine the complainant
and/or any other witnesses testifying on behalf
of the Board. This may all be done
before the full Board or before a Hearing Officer
assigned by the Board to conduct the administrative
respondent is then notified of the Board’s decision
with regards to disciplinary actions.
The licensee has the right to appeal the Board’s
decision through the appropriate court of common
actions resulting from administrative hearings
are a public record and may be published
in any of the Board’s meeting minutes or other
publications of the Board or professional
individual(s) who filed the complaint will be
notified, in writing, about the general
outcome of his/her complaint.
upon the complexity of the complaint, the investigative
process may take up to one year to complete,
although this is not the case for all investigations.
The complainant’s patience is appreciated
during this process.
Board does not have jurisdiction over unlicensed
persons practicing Opticianry or Ocularistry, and
therefore cannot take disciplinary action against
them. However, after an investigation, an
injunction or criminal prosecution to prohibit further
unlicensed activity may be filed with the prosecuting
attorney in the county where the violation occurred
and/or any other appropriate authority, such as
another state agency.