After a hearing, the department may impose a disciplinary sanction on an individual licensed under this chapter when the department finds that the person

(1) secured a license through deceit, fraud, or intentional misrepresentation;

Terms Used In Alaska Statutes 08.55.130

  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
(2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
(3) advertised professional services in a false or misleading manner;
(4) has been convicted of a felony or other crime that affects the individual’s ability to continue to practice competently and safely;
(5) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department;
(6) continued to practice after becoming unfit due to

(A) professional incompetence;
(B) addiction to or severe dependency on alcohol or another drug that impairs the individual’s ability to practice safely;
(C) physical or mental disability;
(7) employed a person who did not have a valid current license to deal in hearing aids to perform work covered by this chapter;
(8) failed or refused to honor a representation, promise, agreement, or warranty made by the person while dealing in hearing aids;
(9) advertised a model, type, or kind of hearing aid for sale that the person does not sell;
(10) failed to maintain a business address and telephone number at which the individual could normally be reached during regular business hours;
(11) included in a contract or receipt for the purchase or lease of a hearing aid a confession of judgment or a waiver of a right of the consumer under this chapter;
(12) used undue influence, coercion, or other wilful act or representation to interfere with the exercise by the consumer of the rights provided in this chapter;
(13) negotiated, transferred, sold, or assigned a note or other evidence of indebtedness to a finance company or other third party within two months of delivering a hearing aid to a purchaser or lessee of the hearing aid by mail or in person;
(14) permitted another person to use the licensee’s license;
(15) dealt in hearing aids while suffering from a serious disease that was contagious or infectious.
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