A. The director may deny, revoke or suspend a license issued under this chapter for any of the following reasons:

Terms Used In Arizona Laws 36-1934

  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the department of health services. See Arizona Laws 36-1901
  • Director: means the director of the department. See Arizona Laws 36-1901
  • 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.
  • Hearing aid: means any wearable instrument or device designed for or represented as aiding or improving human hearing or as aiding, improving or compensating for defective human hearing, and any parts, attachments or accessories of the instrument or device, including ear molds, but excluding batteries and cords. See Arizona Laws 36-1901
  • Letter of concern: means an advisory letter to notify a licensee that, while there is insufficient evidence to support disciplinary action, the director believes the licensee should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the director may result in action against the licensee. See Arizona Laws 36-1901
  • License: means a license issued by the director under this chapter and includes a temporary license. See Arizona Laws 36-1901
  • Moral turpitude: means an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register pursuant to section 13-3821. See Arizona Laws 1-215
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Unprofessional conduct: means :

    (a) Obtaining any fee or making any sale by fraud or misrepresentation. See Arizona Laws 36-1901

1. Being convicted of a felony or misdemeanor involving moral turpitude. The record of the conviction or a certified copy from the clerk of the court where the conviction occurred or from the judge of that court is sufficient evidence of conviction.

2. Securing a license under this chapter through fraud or deceit.

3. Committing unprofessional conduct or incompetence in the conduct of the licensee’s practice.

4. Using a false name or alias in the licensee’s professional practice.

5. Violating any of the provisions of this chapter.

6. Failing to comply with existing federal regulations regarding fitting and dispensing a hearing aid.

B. If the director determines pursuant to a hearing that grounds exist to revoke or suspend a license, the director may do so permanently or for a fixed period of time and may impose conditions as prescribed by rule.

C. The department may deny a license without holding a hearing. After receiving notification of the denial, the applicant may request a hearing to review the denial.

D. The department shall conduct any hearing to revoke or suspend a license or impose a civil penalty under section 36-1939 pursuant to Title 41, Chapter 6, Article 10.

E. Instead of denying, revoking or suspending a license, the director may file a letter of concern, issue a decree of censure, prescribe a period of probation or restrict or limit the practice of a licensee.

 

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