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FITZGERALD v. OREGON BOARD OF OPTOMETRY

CA A33800.

706 P.2d 586 (1985)

75 Or.App. 390

Deann M. FITZGERALD, O.D., Petitioner, v. OREGON BOARD OF OPTOMETRY, Health Division, Department of Human Resources, Respondent.

Court of Appeals of Oregon.

Decided September 25, 1985.

Attorney(s) appearing for the Case

John E. Rodgers, Forest Grove, argued the cause and filed the brief for petitioner.

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and John A. Reuling, Jr., Asst. Atty. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Petitioner took the Board of Optometry's licensing examination on June 28-30, 1984, and was informed by a letter that she did not pass the examination. The letter stated, in pertinent part:

"* * * This year the pass-no pass criterion was set at a total score of one standard deviation below the mean; your score was below this level and therefore it was determined to be below the minimum acceptable for licensure."

Petitioner contends...

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