Current through Register Vol. 42, No. 5, February 29, 2024
(1) Investigations
(a) The board shall investigate alleged
unethical and prohibited conduct; fraudulent, deceptive, and misleading
activities; and any irregularities violating any portion of Code of
Ala. 1975, §§34-14, et seq. or
the rules promulgated herein.
(2) If the board shall have cause to believe
that a violation occurred, or may have occurred, then the board may give notice
to such persons, or arrange a conference with such persons, for the purpose of
ascertaining the facts, and to arrive at a means for resolving the violation or
potential violation.
(a) Such conferences
shall not be governed by formal hearing procedures and may be conducted as the
board deems appropriate.
(b) Where
the violation or potential violation is the subject of a complaint by any
individual, then the licensee who is the subject of the complaint and the
complaining individual or individuals may agree to either binding or
non-binding arbitration of the complaint by the staff of the board. Such an
offer of arbitration shall be made by the staff of the board before the
commencement of an informal conference. If both parties agree to binding
arbitration, then the decision of the board staff member, based on an informal
conference, shall be final and binding on both parties. Neither party shall be
permitted to appeal from the decision, nor shall the matter be considered by
the board under its formal hearing provisions. If both parties agree upon
non-binding arbitration, then the decision of the board staff member shall be
in the form of a recommendation, which may be accepted or rejected by the
parties, or which may be subject to further negotiation under the supervision
of the staff member. If the parties fail to reach agreement under non-binding
arbitration, then each is free to pursue any other remedies available under law
or these regulations, and the board may further consider the matter under its
formal hearing procedures.
(3) The board may issue an order directing
any business or individual to cease and desist from engaging in any act or
practice which is in violation of the law and rules.
(a) Within 30 days after date of notice to
cease and desist or notice to levy an administrative penalty, the individual or
business may request, in writing, a formal hearing.
1. Failure to request a hearing within 30
days shall constitute full acceptance of any order or penalty
imposed.
(4)
Hearings
(a) If the board determines as a
result of any investigation, that the charges are sufficient to warrant a
hearing, or if an individual or business shall request a hearing as a result of
any cease and desist order or notice of administrative penalty, the board shall
schedule a hearing.
1. Hearings shall be
conducted in accordance with the Administrative Procedures Act and procedures
as established and directed by the board.
(b) The board shall take all necessary and
proper action to hold hearings, determine and assess penalties, or prosecute
licensees as required, based on the nature of the complaint or prohibited act,
and in accordance with
Code of Ala. 1975,
§§
34-14-9,
et seq., and the Administrative
Procedures Act.
1. The licensee shall be
notified, by mail, not less than 20 days in advance, of the time and place of
the hearing.
2. The licensee may be
present during the hearing and/or be represented by legal counsel.
3. The board reserves the right to issue
subpoenas to insure attendance of witnesses for either party.
4. The administrative hearing officer
designated by the board shall hear the case.
5. The board shall have the authority to
exclude all persons during deliberation on disciplinary matters and to meet in
private with a licensee and/or his legal counsel.
(c) The administrative hearing officer shall
recommend any disciplinary action or penalty.
(d) The board and hearing officer shall may
take into consideration the following factors in determining the appropriate
disciplinary action or administrative penalty to be imposed:
1. the severity of the offense;
2. the danger to the public;
3. the number of specific offenses;
4. the actual damage, physical or otherwise,
to the consumer;
5. the length of
time since the date of the last violation(s);
6. the length of time the licensee has
practiced his or her profession;
7.
efforts of licensee to correct or stop violations or failure of the licensee to
correct or stop violations;
8.
related violations against a licensee in another state, including findings of
guilt or innocence, penalties imposed, and penalties served;
9. the actual negligence of the licensee
pertaining to any violation;
10.
any other mitigating or aggravating circumstances.
(a) The board may carry out on-site
inspections and investigations, pursuant to resolution of a complaint and in
conjunction with determinations of violations.
An administrative penalty not to exceed $1000 may be imposed by
the board for each failure to comply with orders of the board concerning each
violation of law or regulation governing hearing aid dispensers, hearing aid
specialist, and apprentices.
(5) The board may reprimand, suspend, limit
or restrict any licensee or suspend, limit, or revoke any license as necessary
to carry out the provisions of the law.
(6) The board shall issue a formal order
after any hearing and shall enumerate each violation of each count of the
statute or rules and the penalty imposed.
(a)
When the board chooses to impose an administrative fine, the penalty shall be
paid to the board within 30 days of notice of the imposition.
(b) failure to promptly pay administrative
penalties may result in additional disciplinary action or rejection of
licensure renewal application.
(7) Appeals
(a) The board may bring action in any circuit
court in the State of Alabama to recover the amount of administrative penalties
and court costs.
(b) The licensee
may appeal any contested decision to the circuit court in the State of
Alabama.
Author: Hearing Instrument Dealers Board
Statutory Authority:
Code of Ala.
1975,
§
34-14-11(4).
