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.

Terms Used In North Dakota Code 43-33-12

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Fraud: Intentional deception resulting in injury to another.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
  • year: means twelve consecutive months. See North Dakota Code 1-01-33

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.

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