Section 34-14-9

Complaint; hearing; depositions; appeal; administrative fines; grounds for revocation or suspension of license, reprimand, or fines.

(a) Any person wishing to make a complaint against a licensee or apprentice under this chapter shall reduce the same to writing and file his or her complaint with the board within one year from the date of the action upon which the complaint is based. If the board investigates and determines the charges made in the complaint are sufficient to warrant a hearing to determine whether the license issued under this chapter shall be suspended or revoked, it shall make an order fixing a time and place for a hearing and require the licensee complained against to appear and defend against the complaint. The order shall have annexed thereto a copy of the complaint. The order and copy of the complaint shall be served upon the licensee at least 20 days before the date set for hearing, either personally or by registered or certified mail sent to licensee's last known address. Continuances or adjournment of hearing date shall be made if for good cause. At the hearing the licensee complained against may be represented by counsel. The licensee complained against and the board shall have the right to take depositions in advance of hearing and after service of the complaint, and either may compel the attendance of witnesses by subpoenas issued by the board under its seal. Either party taking depositions shall give at least five days written notice to the other party of the time and place of such depositions, and the other party shall have the right to attend, with counsel if desired, and cross-examine. Appeals from suspension or revocation may be made to the circuit court. In the event of an appeal, there shall be a trial de novo and the trial shall be before the court without the intervention of a jury.

(b) The board is hereby authorized to discipline its licensees and apprentices by the adoption and collection of administrative fines, not to exceed $1,000.00 per violation and is authorized to institute any legal proceedings necessary to effect compliance with this chapter.

(c) Any person registered under this chapter may have his or her permit or license revoked or suspended by the board, be reprimanded by the board, or be administratively fined not more than five hundred dollars ($500) per violation by the board for any of the following causes:

(1) The conviction of a felony or a misdemeanor involving moral turpitude; the record of conviction or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be prima facie proof of such conviction;

(2) Procuring of license by fraud or deceit;

(3) Unethical conduct, including:

a. The obtaining of any fee or the making of any sale by fraud or misrepresentation;

b. Knowingly employing directly or indirectly any suspended or unregistered person to perform any work covered by this chapter;

c. Using or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia or any other representation, however disseminated or published, which is misleading, deceptive or untruthful;

d. Advertising a particular model or type of hearing instrument for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type, where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type than that advertised;

e. Representing 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 instruments when that is not true, or using the words "doctor," "clinic" or similar words, abbreviations or symbols which tend to connect the medical profession when such use is not accurate;

f. Habitual intemperance;

g. Gross immorality;

h. Permitting another's use of a license;

i. Advertising a manufacturer's name or trademark which implies a relationship with the manufacturer that does not exist;

j. Directly or indirectly giving or offering to give or permitting or causing to be given money or anything of value to any person who advises another in a professional capacity as an inducement to influence him or have him influence others to purchase or contract to purchase products sold or offered for sale by a hearing instrument dispenser, fitter, or apprentice, or influencing persons to refrain from dealing in the products of competitors;

(4) Conducting business while suffering from a contagious or infectious disease;

(5) Engaging in the fitting and sale of hearing instruments under a false name or alias with fraudulent intent;

(6) Selling a hearing instrument to a person who has not been given tests utilizing appropriate established procedures and instrumentation in fitting of hearing instruments, except in cases of selling replacement hearing instruments;

(7) Gross incompetence or negligence in fitting and selling hearing instruments; or

(8) Violating any provisions of this chapter.

(d) The board may bring an action to enjoin any person, firm, or corporation who, without being licensed or issued a permit by the board, dispenses hearing instruments in this state. The action shall be filed in the county in which such person resides or practices or in the county where the firm or corporation maintains an office or practices. Notwithstanding any other provisions of the law to the contrary, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of dealing, fitting, selling or dispensing hearing instruments without a license.

(Acts 1971, No. 2425, p. 3858, §12; Acts 1989, No. 89-268, p. 408, §3; Acts 1991, No. 91-198, p. 365, §3; Acts 1994, No. 94-180, p. 224, §3.)