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DEPARTMENT OF HEALTH, BOARD OF HEARING AID SPECIALISTS vs ROBERT F. DAVIDSON, AS, 01-003536PL (2001)

Court: Division of Administrative Hearings, Florida Number: 01-003536PL Visitors: 21
Petitioner: DEPARTMENT OF HEALTH, BOARD OF HEARING AID SPECIALISTS
Respondent: ROBERT F. DAVIDSON, AS
Judges: FRED L. BUCKINE
Agency: Department of Health
Locations: Clearwater, Florida
Filed: Sep. 07, 2001
Status: Closed
Recommended Order on Friday, February 1, 2002.

Latest Update: Jul. 06, 2004
Summary: The issue in these cases is whether Respondent committed the violations alleged in three Administrative Complaints, and, if so, what appropriate disciplinary action should be taken against him.Petitioner, a hearing aid specialist, sold hearing aids with 30-day return guarantee, refund if dissatisfied. Hearing aids returned and no refunds made. Recommend restitution, fines, temporary suspension of license, and probation.
reer nee he a SN a EE NE ENN STATE OF FLORIDA DEPARTMENT OF HEALTH BOARD OF HEARING AID SPEICIALISTS - O1 SEP - “eo ANTE: & DEPARTMENT OF HEALTH, PETITIONER, vs. ; CASE NUMBER: AS1999-01660 ROBERT F. DAVIDSON, AS RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Hearing Aid Specialists against ROBERT F. DAVIDSON, AS, hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of hearing aid dispensing pursuant to Section 20. 43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 484, Florida Statutes. Pursuant to the authority of Section 20.43 GB)2), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter “Agency,” to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2... - Respondent is, at all times tnaterial hereto a duly I licensed Hearing Aid Specialist having been issued licen umber AS 0000740. 3. Respondent s 5 last kn wn nares is 4012 Ivy Lane Naples, FL an 2 PRR . hearing aids. On or about September 21, 1998, the hearing aids were delivered to C.D. 4. Respondent sold a pair of hearing aids to patient C.D. for $1,795 at Hearite , in Largo, FL, on or about September 9, 1998. C.D. paid a $500 deposit on the . C.D found the hearing aids to be unsatisfactory and returned them for a refund on October 8, 1998. The refund request was made within thirty days of delivery. Respondent has not refunded C.D. her money. 5. Based on the foregoing, failing to refund patient C.D. money for the hearing aids returned within thirty days of delivery, Respondent has violated Section 484.0512(1), Florida Statutes, thereby violating Section 484.056(1)(h), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Hearing Aid Specialist enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, assess costs of investigation and prosecution and/or any other relief that the Board deems appropriate. SIGNED thisQUIA_ day of _( dh { , 2001. a ; Robert G. Brooks, M.D. nee ILED coven Secretary, Department of Health NT OF HEALTH - DEPARTMENY CLERK CLERK pehi Re ore Nancy M. SnurkowsKi an Th Chief Attomey ny ; Agency for Health Care Administration eo COUNSEL FOR PETITIONER: a Rudolph C. Campbell, Senior Attorney @. Agency for Health Care Administration Practitioner Regulation - Legal P.O. Box 14229 Tallahassee, FL 32317-4229 (850) 410-3465 RCC

Docket for Case No: 01-003536PL
Issue Date Proceedings
Jul. 06, 2004 Final Order filed.
Feb. 01, 2002 Recommended Order issued (hearing held November 8, 2001) CASE CLOSED.
Feb. 01, 2002 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Jan. 15, 2002 Respondent`s Proposed Recommended Order filed.
Jan. 14, 2002 Petitioner`s Proposed Recommended Order filed.
Jan. 14, 2002 Petitioner`s Memorandum of Law filed.
Dec. 13, 2001 Order issued (the parties shall file their recommended orders by January 15, 2002).
Dec. 12, 2001 Motion for Enlargement of Time for Filing Proposed Recommended Order filed by Respondent.
Nov. 26, 2001 Transcript of Hearing filed.
Nov. 08, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
Nov. 06, 2001 Joint Response to Prehearing Order (filed via facsimile).
Nov. 05, 2001 Notice of Filing Answers to Interrrogatories filed by Respondent.
Oct. 30, 2001 Petitioner`s Motion to Compel Discovery (filed via facsimile).
Oct. 02, 2001 Order Denying Motion for Change of Venue issued.
Sep. 28, 2001 Petitioner`s Response in Opposition to Motion for Change of Venue (filed via facsimile).
Sep. 26, 2001 Motion for Change of Venue filed by Respondent.
Sep. 20, 2001 Amended Notice of Hearing issued. (hearing set for November 8, 2001; 9:00 a.m.; Clearwater, FL, amended as to date).
Sep. 20, 2001 Notice of Hearing issued (hearing set for October 8, 2001; 9:00 a.m.; Clearwater, FL).
Sep. 20, 2001 Order of Pre-hearing Instructions issued.
Sep. 20, 2001 Order Granting Consolidation issued. (consolidated cases are: 01-003536PL, 01-003537PL, 01-003538PL)
Sep. 18, 2001 Petitioner`s First Request for Admissions filed.
Sep. 18, 2001 Petitioner`s Notice of Serving Interrogatories filed.
Sep. 14, 2001 Petitioner`s Response to Initial Order (filed via facsimile).
Sep. 07, 2001 Initial Order issued.
Sep. 07, 2001 Answer and Request for Formal Hearing filed.
Sep. 07, 2001 Administrative Complaint filed.
Sep. 07, 2001 Agency referral filed.

Orders for Case No: 01-003536PL
Issue Date Document Summary
Apr. 16, 2002 Agency Final Order
Feb. 01, 2002 Recommended Order Petitioner, a hearing aid specialist, sold hearing aids with 30-day return guarantee, refund if dissatisfied. Hearing aids returned and no refunds made. Recommend restitution, fines, temporary suspension of license, and probation.
Source:  Florida - Division of Administrative Hearings

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