Ohio § 4725.24

§ 4725.24.

If the secretary of the state vision professionals board and the board's supervising

member of investigations determine that there is clear and convincing evidence that

an optometrist has violated division (B) of section 4725.19 of the Revised Code and that the optometrist's continued practice presents a danger of immediate and

serious harm to the public, they may recommend that the board suspend without a prior

hearing the optometrist's certificate of licensure.  Written allegations shall be prepared for consideration by the full board. The board, upon review of those allegations and by an affirmative vote of three members

other than the secretary and supervising member may order the suspension without a

prior hearing.  A telephone conference call may be utilized for reviewing the allegations and taking

the vote on the summary suspension. The board shall serve a written order of suspension in accordance with sections 119.05 and 119.07 of the Revised Code .  The order shall not be subject to suspension by the court during pendency of any

appeal filed under section 119.12 of the Revised Code .  If the individual subject to the summary suspension requests an adjudicatory hearing

by the board, the date set for the hearing shall be within fifteen days, but not earlier

than seven days, after the individual requests the hearing, unless otherwise agreed

to by both the board and the individual. Any summary suspension imposed under this division shall remain in effect, unless

reversed on appeal, until a final adjudicative order issued by the board pursuant

to section 4725.19 of the Revised Code and Chapter 119. of the Revised Code becomes effective.  The board shall issue its final adjudicative order within sixty days after completion

of its hearing.  A failure to issue the order within sixty days shall result in dissolution of the

summary suspension order but shall not invalidate any subsequent, final adjudicative

order.