§451A-13 Discipline; grounds; proceeding; hearings.

504 words·~2 min read·/hi/451a-13

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In addition to any other actions authorized by law, the director may deny, revoke, or suspend any license issued under this chapter and fine or otherwise discipline a licensee for any cause authorized by law, including but not limited to proof that the person has:

(1)Obtained a license by fraud or deceit;

(2)Obtained a fee or the making of a sale by fraud or misrepresentation;

(3)Employed with knowledge, directly or indirectly, any suspended or unlicensed person to perform any work covered by this chapter;

(4)Applied, caused, or promoted for advertising, the use of any matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation which is misleading, deceptive, or untruthful;

(5)Advertised a particular model or type of hearing aid for sale which in fact is not immediately available and where it is established that the purpose was to obtain prospects for the sale of a different model or type;

(6)Represented that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true, or used the words "doctor", "clinic", or similar words, abbreviations, or symbols related to the medical profession when it is not accurate;

(7)Permitted the use of a license by another;

(8)Advertised a product or used a manufacturer's name or trademark which implies a relationship which in fact does not exist;

(9)Given or offered to give, directly or indirectly, money or anything of value to any person who advises another in a professional capacity as an inducement to influence the person or have the person influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dealer or fitter, or influencing persons to refrain from dealing in the products of competitors;

(10)Engaged in the fitting and selling of hearing aids under a false name or alias with fraudulent intent;

(11)Sold a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in fitting of hearing aids;

(12)Committed gross incompetence or negligence in fitting and selling hearing aids;

(13)Violated any provisions of this chapter and any rules;

(14)Submitted to or filed with the director any notice, statement, or other document required under this chapter, which is false or untrue or contains any material misstatement of fact; or

(15)Failed to report to the director any disciplinary action taken against the licensee in another jurisdiction within thirty days after the disciplinary action becomes final.

(b)Any fine imposed by the director after hearing in accordance with chapter 91 shall be no less than $100 and no more than $1,000 for each violation. [L 1969, c 205, pt of §1; am L 1974, c 205, §2(14); gen ch 1985; am L 1986, c 25, §4; am L 1992, c 202, §94; am L 1997, c 88, §9]