2018 Colorado Revised Statutes
Title 12 - Professions and Occupations
General
Article 5.5 - Hearing Aid Providers
Part 3 - Director: Powers, Duties, and Rules
§ 12-5.5-302. Disciplinary actions
(1) If the director determines that an applicant or licensee has committed any of the acts specified in part 4 of this article, the director may:
(a) Issue a letter of admonition;
(b) Place a licensee on probation;
(c) Impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense; or
(d) Deny, refuse to renew, revoke, or suspend the license of an applicant or licensee.
(2) When a complaint or investigation discloses an instance of misconduct that, in the opinion of the director, warrants formal action, the complaint shall not be resolved by a deferred settlement, action, judgment, or prosecution.
(3) A person whose license to practice as a hearing aid provider or apprentice under this article is revoked, or who surrenders his or her license to avoid discipline, is ineligible to apply for any new license under this article for two years after the date of revocation or surrender of his or her license.
(4) (a) When a complaint or investigation discloses an instance of misconduct that, in the opinion of the director, does not warrant formal action by the director but that should not be dismissed as being without merit, the director may issue and send a letter of admonition to the licensee.
(b)
(I) When the director sends a letter of admonition to a licensee pursuant to paragraph (a) of this subsection (4), the director shall also advise the licensee that he or she has the right to request in writing, within twenty days after service of the letter, that the director initiate formal disciplinary proceedings to adjudicate the propriety of the conduct upon which the letter of admonition is based.
(II) If the licensee makes the request for adjudication, the director shall vacate the letter of admonition and shall process the matter by means of formal disciplinary proceedings.
(5) When a complaint or investigation discloses an instance of conduct that does not warrant formal action by the director and, in the opinion of the director, should be dismissed, but the director has noticed indications of possible errant conduct by the licensee that could lead to serious consequences if not corrected, the director may send the licensee a confidential letter of concern.
(6) The director shall not enforce any provisions of this article or rules promulgated pursuant to this article that are held unconstitutional, invalid, or inconsistent with federal laws or regulations, including rules promulgated by the United States food and drug administration.
(7) All fines collected pursuant to this section shall be transmitted to the state treasurer, who shall credit them to the general fund.
