(a) It is unlawful for a person to engage in the practice of fitting and selling of hearing aids without having first obtained a certificate of registration from the Office under the provisions of this chapter.
(b) Nothing in this chapter shall prohibit a corporation, partnership, trust, association, or other like organization maintaining an established business address in the District of Columbia from engaging in the business of fitting and selling of, or offering for sale, hearing aids at retail without a certificate of registration; provided, that any and all such fitting and selling of hearing aids is conducted by individuals who are registered pursuant to section 28-4003. Such corporations, partnerships, trusts, associations, or other like organizations shall file annually with the Office a list of all individuals holding valid certificates of registration who are directly or indirectly employed by them.
(c) Each person desiring to obtain a Certificate of Registration from the Office to engage in the practice of fitting and selling of hearing aids shall make an application to the Office. The application shall be made upon a form and in such manner as the Office shall provide. It shall set forth:
(1) the name and business address of the applicant:
(A) if an individual, the name under which he or she intends to conduct business;
(B) if a partnership, the name and business address of each member thereof and the name under which the business is to be conducted; or
(C) if a corporation, the name of the corporation and the name and business address of each of the officers of the corporation.
Any applicant who intends to conduct business under a fictitious name shall file with the application a copy of the registration of that fictitious name;
(2) the place or places, including the complete address or addresses, where the business is to be conducted; and
(3) such further information as the Office may prescribe.
(d) The Office shall act upon an application for a certificate of registration within thirty (30) days after receiving the application. Each application shall be accompanied by an application fee, which shall in no event be refunded. If an application is approved by the Office, upon payment of a registration fee, the applicant shall be granted a certificate of registration to be valid for a period determined by the Mayor of the District of Columbia. The certificate shall be conspicuously posted in the place of business of the registrant. In the case of loss, mutilation, or destruction of a certificate, the Office shall issue a duplicate certificate, upon proof of facts and payment of a fee.
(e) If a registrant maintains more than one place of business within the District, he or she shall apply for and procure a duplicate certificate for each place of business. If a registrant has a change of address of place of business, he or she shall notify the Office within fifteen (15) days of such change.
(f) Certificates expire on the date determined by the Mayor of the District of Columbia. An unexpired certificate may be renewed by applying to the Office on the form prescribed by the Office and the payment of a renewal fee. Late applications for registration or renewal shall be an additional amount. The Office shall act on an application for renewal within thirty (30) days after receiving the application.
(g) The Office shall not prevent an applicant for a certificate of registration from fitting and selling of hearing aids pending a determination of the initial application within six (6) months after the effective date of this chapter.
(h) Repealed.
(i) The Mayor of the District of Columbia is authorized to fix and change from time to time the period for which any certificate of registration authorized under this chapter may be issued. The Mayor of the District of Columbia is authorized to set and change from time to time the amount of any fees provided for in sections 28-4003(d) and 28-4003(f).
(j) Certificates of registration issued under this section shall be issued as an Inspected Sales and Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.
CREDIT(S)
(Oct. 26, 1977, D.C. Law 2-33, § 4, 24 DCR 3726; enacted, Sept. 6, 1980, D.C. Law 3-85, § 3(b), (e), 27 DCR 2900; Dec. 10, 1987, D.C. Law 7-46, § 2(b), 34 DCR 6847; Apr. 20, 1999, D.C. Law 12-261, § 2003(u), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(s), 50 DCR 6913.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 28-4003.
1973 Ed., T. 28, Appx., § 54.
Effect of Amendments
D.C. Law 15-38, in subsec. (j), substituted “an Inspected Sales and Services endorsement to a basic business license under the basic” for “a Class A Inspected Sales and Services endorsement to a master business license under the master”.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 3(s) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
Legislative History of Laws
For legislative history of D.C. Law 2-33, see Historical and Statutory Notes following § 28-4001.
For legislative history of D.C. Law 3-85, see Historical and Statutory Notes following § 28-4001.
For legislative history of D.C. Law 7-46, see Historical and Statutory Notes following § 28-4001.
Law 12-261, the “Second Omnibus Regulatory Reform Amendment Act of 1998,” was introduced in Council and assigned Bill No. 12-845, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 31, 1998, it was assigned Act No. 12-615 and transmitted to both Houses of Congress for its review. D.C. Law 12-261 became effective on April 20, 1999.
Law 15-38, the “Streamlining Regulation Act of 2003”, was introduced in Council and assigned Bill No. 15-19, which was referred to Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 3, 2003, and July 8, 2003, respectively. Signed by the Mayor on August 11, 2003, it was assigned Act No. 15-146 and transmitted to both Houses of Congress for its review. D.C. Law 15-38 became effective on October 28, 2003.