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Weston v. New Jersey State Board of Optometrists

Decided: October 28, 1954.

ALBERT WESTON AND LIONEL WESTON, APPELLANTS,
v.
NEW JERSEY STATE BOARD OF OPTOMETRISTS, RESPONDENT. IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSES OF ALBERT WESTON AND LIONEL WESTON TO PRACTICE OPTOMETRY IN THE STATE OF NEW JERSEY



Eastwood, Goldmann and Schettino. The opinion of the court was delivered by Goldmann, J.A.D.

Goldmann

These are appeals from resolutions of the New Jersey State Board of Optometrists suspending for 60 days the licenses of Albert Weston and Lionel Weston to practice optometry.

Proceedings against the Westons were instituted by identical complaints filed by Dr. John J. Brown, inspector for the board, charging them with violating various provisions of the Optometry Act (N.J.S.A. 45:12-1 et seq.) and the rules governing the practice of optometry which were promulgated by the board pursuant to the act, viz.:

1. Displaying in their reception room ophthalmic fitting tables and ophthalmic fitting mirrors which are used in fitting frames and lenses to patients with optical tools and instruments, where the display of such tables and mirrors, frames, lenses, optical tools and instruments made them visible from the street, in violation of N.J.S.A. 45:12-11(j).

2. Continuing in the employ of Towne Company, a corporation, after they had knowledge that the company was violating the laws of the State of New Jersey respecting optometry, in violation of N.J.S.A. 45:12-11(n).

3. Deceitfully using the name "Towne Company" in such manner as to convey to the public the impression that Towne Company was conducting an optometric office and was responsible for the professional optometric service being offered, in violation of N.J.S.A. 45:12-11(o).

4. Displaying their names together with signs containing the words "Towne Company, Opticians," in violation of N.J.S.A. 45:12-11(q).

5. Practicing optometry under the name "Towne Company," in violation of Rule 1 of the Board.

6. Displaying the words "Towne Company, Opticians," in violation of Rule 1 of the Board.

7. Permitting the use of their names in conjunction with a corporation, Towne Company, in violation of Rule 5 of the Board.

8. Dividing and sharing fees with the Towne Company, in violation of Rule 10 of the Board.

9. Practicing optometry under the name of Towne Company, in violation of Rule 13 of the Board.

In due course the Westons answered interrogatories propounded by the board, and a hearing on the charges followed. At the close of the entire case counsel for the Westons moved to dismiss the complaints. The board reserved decision. By stipulation the record made in the case of Dr. Albert Weston was to be used by the board in the case of Dr. Lionel Weston. Thereafter the board filed a "decision, determination and judgment" in each of the cases, unanimously denying the motion to dismiss, finding the Westons guilty of having violated the provisions of the Optometry Act and the board rules in question, and suspending their licenses to practice optometry for a period of 60 days.

In each case the so-called "decision, determination and judgment" of the board consists of a lengthy resolution which summarizes in detail the charges made and the testimony and exhibits adduced at the hearing. Immediately following the summary of the testimony each resolution abruptly concludes with the unanimous ...


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