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.
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Jan. 14, 2002 |
Petitioner`s Proposed Recommended Order filed.
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Jan. 14, 2002 |
Petitioner`s Memorandum of Law filed.
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Dec. 13, 2001 |
Order issued (the parties shall file their recommended orders by January 15, 2002).
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Dec. 12, 2001 |
Motion for Enlargement of Time for Filing Proposed Recommended Order filed by Respondent.
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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).
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Nov. 05, 2001 |
Notice of Filing Answers to Interrrogatories filed by Respondent.
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Oct. 30, 2001 |
Petitioner`s Motion to Compel Discovery (filed via facsimile).
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Oct. 02, 2001 |
Order Denying Motion for Change of Venue issued.
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Sep. 28, 2001 |
Petitioner`s Response in Opposition to Motion for Change of Venue (filed via facsimile).
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Sep. 26, 2001 |
Motion for Change of Venue filed by Respondent.
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Sep. 20, 2001 |
Amended Notice of Hearing issued. (hearing set for November 8, 2001; 9:00 a.m.; Clearwater, FL, amended as to date).
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Sep. 20, 2001 |
Notice of Hearing issued (hearing set for October 8, 2001; 9:00 a.m.; Clearwater, FL).
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Sep. 20, 2001 |
Order of Pre-hearing Instructions issued.
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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.
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Sep. 18, 2001 |
Petitioner`s Notice of Serving Interrogatories filed.
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Sep. 14, 2001 |
Petitioner`s Response to Initial Order (filed via facsimile).
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Sep. 07, 2001 |
Initial Order issued.
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Sep. 07, 2001 |
Answer and Request for Formal Hearing filed.
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Sep. 07, 2001 |
Administrative Complaint filed.
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Sep. 07, 2001 |
Agency referral filed.
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Orders for Case No: 01-003536PL
Issue Date |
Document |
Summary |
Apr. 16, 2002 |
Agency Final Order
|
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Feb. 01, 2002 |
Recommended Order
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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.
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