California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs
Article 3 - Temporary Licenses
Section 1399.115 - Denial, Suspension, or Revocation of Authority to Supervise

Universal Citation: 16 CA Code of Regs 1399.115

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) The Board may refuse to approve or approve subject to terms and conditions a hearing aid dispenser's authority to supervise a trainee-applicant, or may suspend, revoke, or impose probationary conditions on a hearing aid dispenser's authority to supervise a trainee-applicant for any of the following causes:

(1) The failure to comply with section 2538.28 of the Code or any of the regulations contained in this article which is a prima facie violation, or is confirmed by an internal investigation report signed by the Executive Officer, or by a formal investigation by the Division of Investigation of the department within the preceding 36 months. "Confirmed by formal investigation" means the investigator assigned the matter has written a final investigation report which has been countersigned by a Supervising Special Investigator.

(2) The violation of any provision of the Hearing Aid Dispensers Licensing Law or the regulations contained in this division which is confirmed by an internal investigation report signed by the Executive Officer, or by a formal investigation by the Division of Investigation of the department within the preceding 36 months. "Confirmed by formal investigation" means the investigator assigned the matter has written a final investigation report which has been countersigned by a Supervising Special Investigator.

(3) The dispenser's license has been revoked, suspended, or subject to any restrictions within the preceding 36 months.

(4) An Accusation has been filed against the dispenser under the Administrative Procedure Act by the Attorney General's office and the charges are pending.

(5) The provision of false or misleading information during the application process.

(6) The conviction of a crime involving fiscal dishonesty for which the dispenser has been on probation or parole within the preceding 36 months.

(b) The Board shall refuse to approve a hearing aid dispenser's authority to supervise a trainee-applicant if the hearing aid dispenser has not possessed a valid, active license as a hearing aid dispenser in California for at least three (3) years preceding the date on which the application for approval was received by the Board.

(c) A hearing aid dispenser may appeal the denial, suspension, revocation, or imposition of probationary conditions upon his or her authority to supervise a trainee-applicant by filing such an appeal in writing with the Board's office in Sacramento within 60 days of denial, suspension, revocation or imposition of probationary conditions. The appeal will be considered by the Board within 45 days of receipt of the appeal in the Board's office. If action under this section results in the termination of supervision and training of a trainee-applicant, then the supervising hearing aid dispenser shall so notify the Board in accordance with section 1399.118, subsection (g).

1. Renumbering of former section 1399.115 to 1399.114 and adoption of new section 1399.115 filed 1-24-91; operative 2-23-91 (Register 91, No. 10).
2. Change without regulatory effect amending subsections (a)(1)-(2) and NOTE filed 8-21-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 34).
3. New subsection (b) and subsection relettering filed 11-2-98; operative 12-2-98 (Register 98, No. 45).
4. Change without regulatory effect amending section filed 6-11-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 24).
5. Change without regulatory effect amending section and NOTE filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).

Note: Authority cited: Section 2531.06, Business and Professions Code. Reference: Sections 2531.4 and 2538.28, Business and Professions Code.

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