666 HEALTH. [ART. 43

for six months preceding the charge, gross incompetency to practice
Optometry, and the Board may refuse to grant a certificate to any
person guilty of fraud in passing the examination or guilty at any
time of felony or gross immorality or addicted to the liquor or drug
habit to such a degree as to render him unfit to practice the profession
of Optometry; but no certificate shall be revoked nor refused unless,
written charges have been filed against the accused in person, and at
least ten days' written notice of the time and place of the hearing
thereon, which shall be public, served upon the accused, and he be
given an opportunity to confront the witness against him, offer testi-
mony in his own behalf and be heard in person or by counsel. Wit-
nesses at such hearing shall testify under "oath and the Board may
enforce the attendance of witnesses. The Board may at any time after
the expiration of ninety days from its revocation issue a new certificate
to anyone whose certificate has been revoked, when it is made to satis-
factorily appear to the Board that the disqualification has been removed
or ceased to exist, upon payment of such fees as are herein provided.
Any Optometrist convicted a second time for violation of the provisions
of this sub-title or whose certificate of registration or examination haa
been revoked shall not be permitted to practice Optometry in this
State. An appeal may be taken from the action of the Board refusing
to grant or revoking a certificate for such causes to three disinterested
Optometrists, one of whom shall be appointed by said Board, another
of whom shall be appointed by the appellant, and the two so appointed
to select the third, and the decision of any two thereof shall be final
and binding. Thirty dollars shall be deposited with said Board by said
appellant prior to the selection of the three persons aforesaid- for the
purpose of defraying the expenses of said appeal. If the decision of
the Board be not affirmed the said thirty dollars is to be returned to
said appellant and the expenses of the appeal is to be borne by the
Board.

1914, ch. 652, sec. 14.

265. It shall be unlawful for any person to knowingly sell to or
prescribe glasses for persons with diseased eyes except it be with their
knowledge and consent or on an order of or advice from a registered
physician, or to sell to or prescribe concave glasses for a person under
fifteen years of age except on an order of or advice from a registered
physician. It shall not be construed as a violation of this section for
a person to sell a duplicate or replace glasses for such cases cited in
this section.

1914, ch. 652, sec. 15.

266. Any person who shall violate any of the preceding provisions
of this sub-title shall be deemed guilty of a misdemeanor, and upon
conviction shall be fined not more than one hundred dollars, or im-
prisoned not more than thirty days, or both fined and imprisoned, and
his license may be revoked in the discretion of the court.