Administrative hearing: Optician petitions to end probation early after disciplinary settlement

An administrative law hearing before an Office of Administrative Hearings (OAH) presiding officer addressed a petition from a registered dispensing ophthalmic business owner, Alicia Lee, who asked the board to reduce or end a three‑year probation previously imposed in a stipulated settlement.

The petition hearing opened with counsel and parties identifying exhibits and entering documentary evidence (exhibits 1–13 were admitted into the record, including the board’s registration history for the petitioner, probation letters, quarterly compliance reports, continuing education certificates, and community service forms).

Petitioner Alicia (Alicia Yu) Lee testified under oath. She described the factual background: a customer complaint about a sale of cosmetic contact lenses and an investigation that found an optometrist on site had not produced a current license at the time of a patient encounter. Lee said she accepted responsibility, expressed regret, and described steps taken to comply with probation conditions: completion of ordered community service, continuing education, quarterly reports, and communications with the probation monitor. She said a missed or late report occurred while a dependent child was ill and described the one minor probation violation in the record as unintentional. She told the panel she had learned from the episode and would be stricter about verifying clinicians’ credentials in her facility.

Deputy Attorney General Michael Yee represented the people and summarized the board’s view that the petitioner bears the burden to establish by clear and convincing evidence that relief is warranted, and urged the board to weigh the probation record and regulatory considerations.

After direct and board member questioning, the record was closed and the presiding officer stated the matter was submitted for deliberation; a proposed decision would be drafted and provided later. No final board decision was recorded in the meeting transcript; the hearing record and exhibits remain part of the administrative case file.