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Board of Examiners in Optometry adopts amended CAR 6552 after closed-session legal review
Summary
At a public hearing the Board of Examiners in Optometry conducted and closed a hearing on amended CAR 6552, took attorney‑client privileged advice in closed session, then voted to adopt the amended regulation; no written public comments were received.
The Board of Examiners in Optometry opened a public hearing on the proposed amended regulation CAR 6552 and later voted to adopt the amendment after a closed‑session review with counsel.
The regulation hearing was opened under the Kansas Administrative Procedures Act (CAPA). Board staff told members that the regulation and supporting materials had been routed through required state reviews: the Secretary of Administration and the attorney general had reviewed the regulation for legality, the director of budget had received the economic impact statement, and the notice of hearing was published on November 7, 2024, to meet the 60‑day notice requirement. Board staff also said the proposed regulation had been submitted to the Legislative Joint Committee on Administrative Rules and Regulations (JCAR) and to the Kansas Legislative Research Department (KLRD); the committee reviewed the proposal on December 11, 2024 and “had no comments,” the record shows.
During the hearing, Jan Murray, board administrative staff, confirmed there were no written comments to add to the record, saying, “No, there were not.” The board then opened the floor for public verbal comments and recorded none.
Board members moved the matter into closed session to obtain attorney‑client privileged advice on the proposal; minutes show the board recessed for a short, timed closed session. After reconvening, a board member moved to adopt CAR 6552 as amended. The board conducted a roll‑call vote and approved the amendment. Roll‑call entries recorded in the meeting transcript show affirmative votes by Doctor Bircher, Doctor Nagarajah, Doctor Beaver, Doctor Walters and Mr. Katz. The board president said a certificate of adoption prepared by staff would record the roll call vote and that the regulation, the economic impact statement and the certificate would be submitted to the Secretary of State for publication.
The board also recorded in the public hearing record the documents admitted: the published notice of hearing, the regulation stamped as approved by the Secretary of Administration and the Attorney General, the economic impact statement, and the KLRD/JCAR report of the December 11, 2024 review.
No member of the public provided verbal testimony at the hearing, and no written comments were entered into the record.
