§451A-13  Discipline; grounds; proceeding;
hearings.  (a)  In addition to any other actions authorized by law, the
director may deny, revoke, or suspend any license issued under this chapter and
fine or otherwise discipline a licensee for any cause authorized by law,
including but not limited to proof that the person has:



(1)  Obtained a license by fraud or deceit;



(2)  Obtained a fee or the making of a sale by fraud
or misrepresentation;



(3)  Employed with knowledge, directly or indirectly,
any suspended or unlicensed person to perform any work covered by this chapter;



(4)  Applied, caused, or promoted for advertising, the
use of any matter, promotional literature, testimonial, guarantee, warranty,
label, brand, insignia, or any other representation which is misleading,
deceptive, or untruthful;



(5)  Advertised a particular model or type of hearing
aid for sale which in fact is not immediately available and where it is
established that the purpose was to obtain prospects for the sale of a
different model or type;



(6)  Represented 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 aids when
that is not true, or used the words "doctor", "clinic", or
similar words, abbreviations, or symbols related to the medical profession when
it is not accurate;



(7)  Permitted the use of a license by another;



(8)  Advertised a product or used a manufacturer's
name or trademark which implies a relationship which in fact does not exist;



(9)  Given or offered to give, directly or indirectly,
money or anything of value to any person who advises another in a professional
capacity as an inducement to influence the person or have the person influence
others to purchase or contract to purchase products sold or offered for sale by
a hearing aid dealer or fitter, or influencing persons to refrain from dealing
in the products of competitors;



(10)  Engaged in the fitting and selling of hearing
aids under a false name or alias with fraudulent intent;



(11)  Sold a hearing aid to a person who has not been
given tests utilizing appropriate established procedures and instrumentation in
fitting of hearing aids;



(12)  Committed gross incompetence or negligence in
fitting and selling hearing aids;



(13)  Violated any provisions of this chapter and any
rules;



(14)  Submitted to or filed with the director any
notice, statement, or other document required under this chapter, which is
false or untrue or contains any material misstatement of fact; or



(15)  Failed to report to the director any disciplinary
action taken against the licensee in another jurisdiction within thirty days
after the disciplinary action becomes final.



(b)  Any fine imposed by the director after
hearing in accordance with chapter 91 shall be no less than $100 and no more
than $1,000 for each violation. [L 1969, c 205, pt of §1; am L 1974, c 205,
§2(14); gen ch 1985; am L 1986, c 25, §4; am L 1992, c 202, §94; am L 1997, c
88, §9]