§ 5-49-12 - Complaints – Grounds and proceedings for revocation or suspension of licenses.
SECTION 5-49-12
§ 5-49-12 Complaints – Grounds andproceedings for revocation or suspension of licenses. – (a) Any person wishing to make a complaint against a licensee under thischapter shall file this complaint, in writing, with the department, within oneyear from the date of the action upon which the complaint is based.
(2) If the department determines the charges made in thecomplaint are sufficient to warrant a hearing to determine whether the licenseissued under this chapter should be suspended or revoked, it shall make anorder fixing a time and place for a hearing and shall require the licenseecomplained against to appear and defend against the complaint. The order shallhave annexed to it a copy of the complaint.
(3) The order and copy of the complaint shall be served uponthe licensee, either personally or by registered mail sent to the licensee'slast known address, at least twenty (20) days before the date set for thehearing.
(4) Continuances or an adjournment of the hearing shall bemade if for good cause.
(5) At the hearing, the licensee complained against may berepresented by counsel.
(6) The licensee complained against and the department shallhave the right to take depositions in advance of the hearing and after serviceof the complaint, and either may compel the attendance of witness by subpoenasissued by the department under its seal.
(7) Either party taking depositions shall give at least five(5) days' written notice to the other party of the time and place of thosedepositions, and the other party has the right to attend (with counsel ifdesired) and cross-examine.
(8) Appeals from suspension or revocation may be made throughthe appropriate administrative procedures act.
(b) Any person registered under this chapter may have his orher license revoked or suspended for a fixed period by the department for anyof the following causes:
(1) The conviction of a felony, or a misdemeanor involvingmoral turpitude. The record of conviction, or a certified copy, certified bythe clerk of the court or by the judge in whose court the conviction was had,shall be conclusive evidence of this conviction.
(2) Procuring a license by fraud or deceit practiced upon thedepartment.
(3) Unethical conduct, including:
(i) Obtaining any fee or making any sale by fraud ormisrepresentation.
(ii) Knowingly employing, directly or indirectly, anysuspended or unregistered person to perform any work covered by this chapter.
(iii) Using, or causing, or promoting the use of, anyadvertising matter, promotional literature, testimonial, guarantee, warranty,label, brand, insignia or any other representation, however disseminated orpublished, which is misleading, deceptive, or untruthful.
(iv) Advertising a particular model or type of hearing aidfor sale when purchasers or prospective purchasers responding to theadvertisement cannot purchase the advertised model or type, where it isestablished that the purpose of the advertisement is to obtain prospects forthe sale of a different model or type than that advertised.
(v) Representing that the service or advice of a personlicensed to practice medicine will be used or made available in the selection,fitting, adjustment, maintenance, or repair of hearing aids when that is nottrue.
(vi) Habitual intemperance.
(vii) Gross immorality.
(viii) Permitting another's use of a license.
(ix) Advertising a manufacturer's product or using amanufacturer's name or trademark which implies a relationship with themanufacturer that does not exist.
(x) Directly or indirectly giving or offering to give, orpermitting or causing to be given, money or anything of value to any person whoadvises another in a professional capacity, as an inducement to influence himor her, or have him or her influence others, to purchase or contract topurchase 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.
(xi) Representing, when this is not the case, that thehearing aid is or will be "custom-made", "made to order", or"prescription-made", or in any other sense specially fabricated for anindividual person.
(4) Knowingly placing the health of a client at serious riskwithout maintaining proper precautions;
(5) Engaging in the fitting and sale of hearing aids under afalse name or alias with fraudulent intent.
(6) Selling a hearing aid to a person who has not been giventests utilizing appropriate established procedures and instrumentation infitting of hearing aids, except in cases of selling replacement hearing aids.Selling a hearing aid to a person who has discharge from the ear, loss ofbalance and dizzy spells, or a loss of hearing for less than ninety (90) days,unless that person has received a prescription from a physician.
(7) Gross incompetence or negligence in fitting and sellinghearing aids.
(8) Violating any provisions of this chapter.