Appeals.
1.Any person wishing to make a complaint against a licensee under this chapter shall file
a written complaint with the board within one year from the date of the action upon
which the complaint is based. If the board determines the charges made in the
complaint are sufficient to warrant a hearing to determine whether the license may be
suspended or revoked, it shall establish a time and place for a hearing and order the
licensee complained against to appear and defend against the complaint. The order
must have annexed thereto a copy of the complaint, and the order and copy of the
complaint must be served upon the licensee at least twenty days before the date set
for hearing, either personally or by registered mail sent to the licensee's last-known
address. Continuances or adjourn
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Appeals.
1. Any person wishing to make a complaint against a licensee under this chapter shall file
a written complaint with the board within one year from the date of the action upon
which the complaint is based. If the board determines the charges made in the
complaint are sufficient to warrant a hearing to determine whether the license may be
suspended or revoked, it shall establish a time and place for a hearing and order the
licensee complained against to appear and defend against the complaint. The order
must have annexed thereto a copy of the complaint, and the order and copy of the
complaint must be served upon the licensee at least twenty days before the date set
for hearing, either personally or by registered mail sent to the licensee's last-known
address. Continuances or adjournments of a hearing date must be made for good
cause. At the hearing the licensee complained against may be represented by
counsel. The licensee complained against and the board may 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. 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 may attend with counsel if desired and
cross-examine.
2. The board may revoke or suspend a person's license for any of the following causes:
a. The conviction of an offense determined by the board to have a direct bearing
upon a person's ability to serve the public as a hearing aid specialist, or the board
determines, following conviction of any offense, that a person is not sufficiently
rehabilitated under section 12.1-33-02.1.
b. Procuring of a license by fraud or deceit.
c. Unethical conduct. Unethical conduct means:
(1) Obtaining any fee or making any sale by fraud or misrepresentation.
(2) Knowingly employing, directly or indirectly, any suspended or unregistered
person to perform any work covered by this chapter.
(3) 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.
(4) 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 if 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.
(5) 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 word "doctor", "clinic", "audiologist", or similar words, abbreviations, or
symbols which tend to connote the medical or audiological profession when
that is not accurate, or use of the titles "hearing instrument specialist",
"hearing aid specialist", "board-certified hearing aid specialist", or
"board-certified hearing instrument specialist" when the qualifying
requirements have not been met through the international hearing society or
national board for certification in hearing instrument sciences.
(6) Habitual intemperance.
(7) Gross immorality.
(8) Permitting another to use the person's license.
(9) Advertising a manufacturer's product or using a manufacturer's name or
trademark that implies a relationship with the manufacturer which does not
exist.
(10) To directly or indirectly give or offer to give, or permit or cause to be given
money or anything of value to any person who advises another in a
professional capacity as an inducement to influence them or have them
influence others to purchase or contract to purchase products sold or
offered for sale by a licensee, or to influence persons to refrain from dealing
in the products of competitors.
(11) Sale of a hearing instrument to a person without adequate and proper
audiometric testing.
(12) Sale of a hearing instrument to a person when the need for a hearing
instrument has not been established after adequate and proper audiometric
testing.
d. Conducting business while suffering from a contagious or infectious disease.
e. Engaging in the fitting and sale of hearing instruments under a false name or
alias with fraudulent intent.
f. For any violation of this chapter.
g. The fitting and sale of a hearing instrument to any person under eighteen years of
age unless within six months before the fitting the person to be fitted has been
examined by a physician and audiologist to determine whether there exist any
physical deficiencies that would prohibit the effective use of a hearing instrument.
3. Appeals from suspension or revocation may be made under chapter 28-32.