3400-3404
BUSINESS AND PROFESSIONS CODE
SECTION 3400-3404
3400. Proceedings to deny, suspend, or revoke a license under this chapter, shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all of the powers granted therein. 3401. The board may deny, issue subject to terms and conditions, suspend, or revoke a license, or impose conditions of probation upon a licensee, for any of the following causes: (a) Gross incompetency, which includes, but is not limited to, the improper or unnecessary fitting of a hearing aid. (b) Gross negligence. (c) Repeated negligent acts. (d) Conviction of any crime substantially related to the qualifications, functions, or duties of a hearing aid dispenser. (e) Obtaining a license by fraud or deceit. (f) Use of the term "doctor" or "physician" or "clinic" or "audiologist," or any derivation thereof, except as authorized by law. (g) Fraud or misrepresentation in the fitting or selling of a hearing aid. (h) The employment, to perform any act covered by this chapter, of any person whose license has been suspended, revoked, or who does not possess a valid license issued under this chapter. (i) The use, or causing the use, of any advertising or promotional literature in a manner that has the capacity or tendency to mislead or deceive purchasers or prospective purchasers. (j) Habitual intemperance in the use of alcohol or any controlled substance. (k) Permitting another to use his or her license for any purpose. (l) Violation of any provision of this chapter or of any regulation adopted pursuant to this chapter. (m) Any cause that would be grounds for denial of an application for a license. (n) Violation of Section 1689.6 or 1793.02 of the Civil Code. 3402. Upon denial of an application for license, the board shall notify the applicant in writing, stating (1) the reason for the denial and (2) that the applicant has a right to a hearing under Section 3400 if he or she makes written request therefor within 60 days after notice of denial. Service of the notice required by this section may be made by certified mail addressed to the applicant at the latest address filed by the applicant in writing with the board in his or her application or otherwise. 3403. A plea or verdict of guilty or a conviction following a plea of nolo contendere, made to a charge substantially related to the qualifications, functions, and duties of a hearing aid dispenser is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, impose probationary conditions on a licensee, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. 3404. Before setting aside the revocation or suspension of any license or modifying the probation of any licensee, the board may require the petitioner to pass the regular examination given for applicants for licenses.