32-1748. Reinstatement; definition
A. On written application and for good cause shown, the board may issue a new
license to a doctor of optometry whose license has been revoked, reissue a license or
modify the suspension of any license to practice optometry which has been suspended.
B. A person applying for reinstatement of a revoked license shall, in addition to
the requirements of this section, comply with all initial licensing requirements in
existence at the time of his application for reinstatement, except those requirements
which are inconsistent with this section.
C. The board shall not issue a new license or reissue a license to a doctor of
optometry whose license has been revoked until two years after the effective date of the
revocation, except that if the revocation is based only on section 32-1743, paragraph 1
and the conviction is ultimately reversed on appeal, the board shall enter an order
vacating the revocation.
D. For the purposes of this section, "good cause shown" means that the person
making application for reinstatement or reissuance shall demonstrate through substantial
evidence presented to the board that he is completely rehabilitated with respect to the
conduct which was the basis of the revocation or suspension of his
license. Demonstration of rehabilitation shall include:
1. Evidence that the person has not engaged in any conduct during the revocation or
suspension period which, if he had been licensed during that period, would have
constituted a basis for revocation or suspension pursuant to section 32-1743.
2. Evidence that, with respect to any criminal conviction which constituted any
part of the basis for the previous revocation or suspension, his civil rights have been
fully restored pursuant to statute or other applicable recognized judicial or
gubernatorial order.
3. Evidence that restitution has been made to any aggrieved party as ordered by a
court of competent jurisdiction.
4. Other evidence of rehabilitation the board deems appropriate.
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