The Office has adopted the following presumptive penalty schedule for violation of statutes and rules. This schedule applies, except at the discretion of the Office pursuant to OAR 331-020-0060. For violations not addressed by this schedule, the provisions of OAR 331-020-0060 apply:

1. (1) Dealing in, attempting to deal in, or purporting to deal in hearing aids without a license or a trainee registration is a violation.

   1. (a) Never held or expired:

      1. (A) 1st offense: $2,500;
      2. (B) 2nd offense: $5,000;
      3. (C) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.

   2. (b) Inactive:

      1. (A) 1st offense: $200;
      2. (B) 2nd offense: $500;
      3. (C) 3rd offense: $1,000
      4. (D) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.

   3. (c) Suspended or revoked:

      1. (A) 1st offense: $2,500;
      2. (B) 2nd offense: $5,000;
      3. (C) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.

2. (2) Failing as a licensee to inform the Office within 30-calendar days of a change of information:

   1. (a) 1st offense: $100;
   2. (b) 2nd offense: $200;
   3. (c) 3rd offense: $500.

3. (3) Failing to properly supervise, or to adhere to a supervision standard for a trainee dealing in hearing aids:

   1. (a) 1st offense: $500;
   2. (b) 2nd offense: $1,000 and suspension of the authorization to provide supervisory training;
   3. (c) 3rd offense: $5,000 in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license.

4. (4) Failing to adhere to a service area standard in OAR 331-660-0005:

   1. (a) 1st offense: $250;
   2. (b) 2nd offense: $500;
   3. (c) 3rd offense: $1,000.

5. (5) Failing to calibrate or provide proof of calibration on audiometric testing equipment:

   1. (a) 1st offense: $500;
   2. (b) 2nd offense: $1,000;
   3. (c) 3rd offense: $2,500.

6. (6) Failing to provide a client with a complete and properly formatted Statement to the Prospective Hearing Aid Purchaser:

   1. (a) 1st offense: $500;
   2. (b) 2nd offense: $1,000;
   3. (c) 3rd offense: $2,500.

7. (7) Failing to obtain a signed Waiver of Medical Opinion:

   1. (a) 1st offense: $500;
   2. (b) 2nd offense: $1,000;
   3. (c) 3rd offense: $2,500.

8. (8) Failing to respond timely to an Office request for information regarding a complaint:

   1. (a) 1st offense: $500;
   2. (b) 2nd offense: $1,000;
   3. (c) 3rd offense: $2,500 in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license.

9. (9) Failing or refusing to rescind the sale of a hearing aid, pursuant to ORS 694.042:

   1. (a) 1st offense: $1,500 plus the purchaser price of the hearing aid
   2. (b) 2nd offense: $3,000 plus the purchaser price of the hearing aid
   3. (c) 3rd offense: $5,000 plus the purchaser price of the hearing aid, in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license.

10. (10) Failing to meet professional standards related to testing for a hearing aid in OAR 331-660-0010.

    1. (a) 1st offense: $1,000;
    2. (b) 2nd offense: $2,500;
    3. (c) 3rd offense: $5,000 in addition to any other penalties allowed by law including probation,

11. (11) Failing to meet continuing education requirements or to provide or retain required documentation:

    1. (a) 1st offense: $500 and suspension or revocation of license;
    2. (b) 2nd offense: $1,000 and suspension or revocation of license;
    3. (c) 3rd offense: $5,000 in addition to any other penalties allowed by law including revocation or refusal to issue a license.

12. (12) Failing to maintain client records for each client receiving services, or failing to allow the Office access to review client records upon request:

    1. (a) 1st offense: $500
    2. (b) 2nd offense: $1,000
    3. (c) 3rd offense: $5,000 in addition to any other penalties allowed by law including revocation or refusal to issue a license.

Statutory/Other Authority

ORS 694.015-694.170 & ORS 694.991

Statutes/Other Implemented

ORS 694.015-694.170 & ORS 694.991

History

HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018