(a)A person may make a complaint against a licensee under
this act by filing a complaint in writing with the board within
one (1) year from the date of the action upon which the
complaint is based. If the board determines the charges made are
sufficient to warrant a hearing, it shall make an order fixing a
time and place for a hearing and require the licensee complained
against to appear and show cause why his license should not be
suspended or revoked. The order shall include a copy of the
complaint and shall be served upon the licensee at least twenty
(20)days before the date set for hearing, either personally or
by registered mail sent to licensee's last known address.
Hearings shall be conducted in accordance with the Wyoming
Administrative Procedure Act.
(b)Any person registered un
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(a) A person may make a complaint against a licensee under
this act by filing a complaint in writing with the board within
one (1) year from the date of the action upon which the
complaint is based. If the board determines the charges made are
sufficient to warrant a hearing, it shall make an order fixing a
time and place for a hearing and require the licensee complained
against to appear and show cause why his license should not be
suspended or revoked. The order shall include a copy of the
complaint and shall be served upon the licensee at least twenty
(20) days before the date set for hearing, either personally or
by registered mail sent to licensee's last known address.
Hearings shall be conducted in accordance with the Wyoming
Administrative Procedure Act.
(b) Any person registered under this act may have his
license revoked or suspended for a period fixed by the board for
any of the following causes:
(i) Conviction of a felony or a misdemeanor that
relates to the practice of fitting, dealing or dispensing
hearing aids or to the ability to fit, deal or dispense hearing
aids;
(ii) Procuring a license by fraud or deceit practiced
upon the board;
(iii) 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 act;
(C) Using, 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 aid for sale when purchasers or prospective purchasers
responding to the advertisement cannot purchase the advertised
model or type, where it is established 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 shall be used or made
available in the selection, fitting, adjustment, maintenance or
repair of hearing aids when that is not true, or using the words
"doctor", "clinic", "clinical audiologist", "state licensed
clinic", "state registered", "state certified", "state approved"
or similar term, abbreviations, symbol or wearing any costume
when it would falsely give the impression that one is being
treated medically, or professionally or that the licensee's
service has been recommended by the state;
(F) Permitting another's use of a license;
(G) Advertising a manufacturer's product or
using a manufacturer's name or trademark which implies a
relationship with the manufacturer that does not exist;
(H) 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 aid specialist, or influencing
persons to refrain from dealing in the products of competitors.
(iv) Engaging in either the fitting, dispensing or
sale of hearing aids under a false name or alias with fraudulent
intent;
(v) Selling a hearing aid to a person who has not
been given tests utilizing appropriate established procedures
and instrumentation in fitting of hearing aids, except in cases
of selling replacement hearing aids within one (1) year;
(vi) Gross incompetence or negligence in fitting,
dispensing or selling hearing aids;
(vii) Failure to supervise a trainee as required by
W.S. 33-35-110(b) or to accept responsibility for the actions
of a trainee relating to the fitting and selling of hearing
aids; and
(viii) Violating any provision of this act.
(c) Upon receipt from the department of family services of
a certified copy of an order from a court to withhold, suspend
or otherwise restrict a license issued by the board, the board
shall notify the party named in the court order of the
withholding, suspension or restriction of the license in
accordance with the terms of the court order. No appeal under
the Wyoming Administrative Procedure Act shall be allowed for a
license withheld, suspended or restricted under this subsection.