SECTIONS 3400-3404 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 3400-3404

3400. Proceedings to deny, suspend, or revoke a license under this
chapter, shall be conducted in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, and the board shall have all of the powers granted
therein.

3401. The board may deny, issue subject to terms and conditions,
suspend, or revoke a license, or impose conditions of probation upon
a licensee, for any of the following causes:
(a) Gross incompetency, which includes, but is not limited to, the
improper or unnecessary fitting of a hearing aid.
(b) Gross negligence.
(c) Repeated negligent acts.
(d) Conviction of any crime substantially related to the
qualifications, functions, or duties of a hearing aid dispenser.
(e) Obtaining a license by fraud or deceit.
(f) Use of the term "doctor" or "physician" or "clinic" or
"audiologist," or any derivation thereof, except as authorized by
law.
(g) Fraud or misrepresentation in the fitting or selling of a
hearing aid.
(h) The employment, to perform any act covered by this chapter, of
any person whose license has been suspended, revoked, or who does
not possess a valid license issued under this chapter.
(i) The use, or causing the use, of any advertising or promotional
literature in a manner that has the capacity or tendency to mislead
or deceive purchasers or prospective purchasers.
(j) Habitual intemperance in the use of alcohol or any controlled
substance.
(k) Permitting another to use his or her license for any purpose.
(l) Violation of any provision of this chapter or of any
regulation adopted pursuant to this chapter.
(m) Any cause that would be grounds for denial of an application
for a license.
(n) Violation of Section 1689.6 or 1793.02 of the Civil Code.

3402. Upon denial of an application for license, the board shall
notify the applicant in writing, stating (1) the reason for the
denial and (2) that the applicant has a right to a hearing under
Section 3400 if he or she makes written request therefor within 60
days after notice of denial. Service of the notice required by this
section may be made by certified mail addressed to the applicant at
the latest address filed by the applicant in writing with the board
in his or her application or otherwise.

3403. A plea or verdict of guilty or a conviction following a plea
of nolo contendere, made to a charge substantially related to the
qualifications, functions, and duties of a hearing aid dispenser is
deemed to be a conviction within the meaning of this article. The
board may order the license suspended or revoked, impose probationary
conditions on a licensee, or may decline to issue a license, when
the time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal, or when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under Section 1203.4 of the Penal Code allowing the person to
withdraw his or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment.

3404. Before setting aside the revocation or suspension of any
license or modifying the probation of any licensee, the board may
require the petitioner to pass the regular examination given for
applicants for licenses.