Wozniak v. State Board of Examiners in Optometry

179 N.W.2d 210, 23 Mich. App. 630, 1970 Mich. App. LEXIS 1898

• Court: Michigan Court of Appeals
• Decided: May 1, 1970
• Docket: Docket 7,774
• Status: Published

Opinion

Per Curiam.

Plaintiff, a duly licensed and practicing optometrist, was served with notice of hearing issued by the Board of Examiners in Optometry, to answer charges of gross incompetence and malpractice. He filed a complaint, asking that the board show cause why the hearing should not be enjoined pending final determination of his complaint and, further, that upon a hearing on the merits, a permanent injunction be issued restraining the hearing. Defendants’ motion for summary judgment was granted.

On appeal, plaintiff argues that the trial court’s finding of no claim on which relief could be granted was erroneous.

Plaintiff first contends that he was not apprised of the nature of the hearing. We disagree: the notice of hearing issued by the board incorporated the complaint, so that plaintiff was properly informed as to the scope of the license hearing.

Plaintiff further contends, in effect, that the Optometry Act, PA 1909, No 71, as amended, MOLA § 338.251 et seq. (Stat Ann 1969 Rev § 14.641 et seq.), in failing to set forth a specific listing of unethical practices, lacked sufficient standards upon which to base a complaint. This charge has been answered in Sanchick v. State Board of Optometry (1955), 342 Mich 555. Plaintiff’s remedy herein is appeal from the board’s decision, if necessary.

Affirmed.