Edmunds

Edmunds v. Board of Examiners in Optometry

Good Law
106 F.2d 904·9 Alaska 627·1939 U.S. App. LEXIS 3099
United States Court of Appeals for the Ninth CircuitOctober 26, 1939No. 9201California1,069 words

Opinion

lead Opinion

Haney, J.

Review is asked of an order denying a petition for a writ of mandamus, wherein it was sought to compel appellees to issue an annual registration certificate to appellant.

In 1933 the Territory of Alaska enacted an Optometry Act. It provides for the issuance of two certificates: (1) a license, or original registration certificate; and- (2) .an annual renewal certificate. Comp.Laws of Alaska, §§ 2720, 2721, 2715. It further provides that the secretary of the Optometry Board created by the act “shall issue” the annual certificate upon receipt of an application from *629 a licensed or registered optometrist together with a fee. Comp.Laws of Alaska, § 2715. Section 2719 specifies procedure for revocation of certificates. It provides for the filing of charges and a hearing, at which “the accused shall have the right to cross-examine the witnesses against him and to produce witnesses in his defense, and to appear personally or by counsel.” It further provides that if the Board unanimously finds the charges sustained, it “may thereupon revoke the said certificate of the accused or annul his registration, or do both”. Finally, it provides :

Appellant was issued a license in 1934, and…

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