Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not less than ten days nor more than one year, or by a fine of not less than one hundred dollars nor more than one thousand five hundred dollars, or by both such fine and imprisonment.
OptometryOffenses Against the Chapter
Section § 3120
If someone breaks the rules in this section, they can be charged with a misdemeanor. If convicted, they might spend 10 days to a year in county jail, pay a fine between $100 and $1,500, or face both jail time and a fine.
misdemeanor county jail imprisonment
Section § 3137
This law section explains the time limits for filing accusations against professional license holders for disciplinary reasons. Typically, accusations must be filed within three years of a board discovering a violation or within seven years of the violation itself, whichever is sooner. However, for accusations involving fraud, intentional misrepresentation, or when the licensee hides incompetence or negligence, these limits don't apply. If misconduct involves a minor, the filing period extends until the minor becomes an adult. For acts described in a specific section concerning harmful acts, there is a 10-year limit from the time of the act, but only if discovered by the board within three years. Additionally, if evidence is unavailable due to a criminal investigation, the time limit can be extended until the evidence is accessible.
(a)CA Business & Professions Code § 3137(a) Except as otherwise provided in this section, any accusation filed against a licensee pursuant to Section 11503 of the Government Code for the violation of any provision of this chapter shall be filed within three years after the board discovers the act or omission alleged as the ground for disciplinary action, or within seven years after the act or omission alleged as the ground for disciplinary action occurs, whichever occurs first.
(b)CA Business & Professions Code § 3137(b) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging fraud or willful misrepresentation is not subject to the limitation in subdivision (a).
(c)CA Business & Professions Code § 3137(c) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging unprofessional conduct based on incompetence, gross negligence, or repeated negligent acts of the licensee is not subject to the limitation in subdivision (a) upon proof that the licensee intentionally concealed from discovery his or her incompetence, gross negligence, or repeated negligent acts.
(d)CA Business & Professions Code § 3137(d) If an alleged act or omission involves any conduct described in Section 726 committed on a minor, the 10-year limitations period in subdivision (e) shall be tolled until the minor reaches the age of majority.
(e)CA Business & Professions Code § 3137(e) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging conduct described in Section 726 shall be filed within three years after the board discovers the act or omission alleged as the ground for disciplinary action, or within 10 years after the act or omission alleged as the ground for disciplinary action occurs, whichever occurs first. This subdivision shall apply to a complaint alleging conduct received by the board on and after January 1, 2006.
(f)CA Business & Professions Code § 3137(f) In any allegation, accusation, or proceeding described in this section, the limitations period in subdivision (a) shall be tolled for the period during which material evidence necessary for prosecuting or determining whether a disciplinary action would be appropriate is unavailable to the board due to an ongoing criminal investigation.
licensee accusation disciplinary action fraud
