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DEPARTMENT OF HEALTH, BOARD OF HEARING AID SPECIALISTS vs CRAIG SCHUETTE, 02-000520PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-000520PL Visitors: 8
Petitioner: DEPARTMENT OF HEALTH, BOARD OF HEARING AID SPECIALISTS
Respondent: CRAIG SCHUETTE
Judges: WILLIAM R. PFEIFFER
Agency: Department of Health
Locations: St. Petersburg, Florida
Filed: Feb. 13, 2002
Status: Closed
Recommended Order on Friday, July 26, 2002.

Latest Update: Dec. 12, 2002
Summary: The issue is whether Respondent, Craig Louis Schuette, committed the violations alleged in the Administrative Complaints in these cases, and if so what is the appropriate penalty to be imposed by the Petitioner.Petitioner proved that Respondent sold a number of hearing aids to consumers and failed to honor the return policy.
ai, iis ill la i le A. ESRI ST ee ee ee a «hk a ea i i pm tm a amas Be a a he ee aes wi sis bi "7 STATE OF FLORIDA DEPARTMENT OF HEALTH ; _ BOARD OF HEARING AID SPECIALISTS DEPARTMENT OF HEALTH, PETITIONER, vs. CASE NUMBER: 99-03437 CRAIG SCHUETTE, 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 CRAIG SCHUETTE, 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 456, Florida Statutes; and Chapter 484, Florida Statutes. Pursuant to the authority of Section 20.43 (3)(g); 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 material hereto, a licensed hearing aid specialist, having been issued license number A.S. 0002553. Se tt ead ees ee adjustment. 3. Respondent's last known address is 11811 68 Avenue North, Seminole, Florida 33772. . . - 4. On or about November 5, 1998, the Respondent on behalf of Audiometric Hearing Centers Inc. sold hearing aids to R.G. for $3,500. R.G. took delivery of the hearing aids on November 20, 1998. 5. During the next month, R.G. returned the hearing aids numerous times for 6. RG. did not receive satisfaction from the use of the hearing aids, returned - the hearing-aids, and requeste a refund on December 2, 1998. R.G. was promised a oat -yefund within 90- 120 days and to date, R.G. has not received one. on ‘Based on the foregoing, Respondent has violated Section 484. 056(1)(h) Florida Statutes, by violating Section 484.0512(1), Florida Statutes, by failing to provide a refund for hearing-aids returned within thirty days of delivery. eer re eer cen : ' WHEREFORE, Petitioner respectfully requests the Board of Hearing Aid Specialists 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 investigation and and/or any other relief that the Board of Hearing Aid Specialists deems appropriate. SIGNED this DMiWaay of , 2001. Robert G. Brooks, M.D. Secretary, Department of Health Nancy M. Snurkowski Chief Attorney ; Agency for Health Care Administration COUNSEL FOR PETITIONER: U- Rudolph C. Campbell, Senior Attorney Agency for Health Care Administration b Practitioner Regulation - Legal EPARTMENT Building 3, Room 3139B DEPUTY GLE HEALTH 2727 Mahan Drive CLERK Yb R [Cenon Tallahassee, FL 32317-4229 t (850) 410-3465 DaTE__*/ [25/1 RCC PCP: Polanes ; DATE: 3-150) Yordorn Sp teen ee ee TERR RT oe OR RRR OER OCR TE Era pT Ee RET rp Si, Ml

Docket for Case No: 02-000520PL
Issue Date Proceedings
Dec. 12, 2002 Final Order filed.
Aug. 06, 2002 Letter to Judge Pfeiffer from C.Schuette enclosing response to submit written exeption to the recommended order (filed via facsimile).
Jul. 26, 2002 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Jul. 26, 2002 Recommended Order issued (hearing held April 16, 2002) CASE CLOSED.
Jun. 28, 2002 Motion to Withdraw as Counsel filed by G. Asbell.
May 01, 2002 Petitioner`s Proposed Recommended Order filed.
Apr. 26, 2002 Transcript of Proceedings filed.
Apr. 16, 2002 CASE STATUS: Hearing Held; see case file for applicable time frames.
Apr. 11, 2002 Petitioner`s Response to Order of Prehearing Instructions filed.
Apr. 02, 2002 Order Granting Withdrawal issued.
Apr. 01, 2002 Motion to Withdraw as Counsel for Respondent, Craig Schuette (filed by M. Wall via facsimile).
Mar. 20, 2002 Notice of Taking Deposition, E. Teixeira filed.
Mar. 13, 2002 Notice of Cancelling Deposition, E. Teixeira filed.
Mar. 05, 2002 Order of Pre-hearing Instructions issued.
Mar. 05, 2002 Notice of Hearing issued (hearing set for April 16, 2002; 9:00 a.m.; St. Petersburg, FL).
Feb. 26, 2002 Order Granting Consolidation issued. (consolidated cases are: 02-000520PL, 02-000521PL, 02-000522PL)
Feb. 20, 2002 Joint Response to Initial Order filed.
Feb. 13, 2002 Administrative Complaint filed.
Feb. 13, 2002 Election of Rights filed.
Feb. 13, 2002 Agency referral filed.
Feb. 13, 2002 Initial Order issued.

Orders for Case No: 02-000520PL
Issue Date Document Summary
Dec. 09, 2002 Agency Final Order
Jul. 26, 2002 Recommended Order Petitioner proved that Respondent sold a number of hearing aids to consumers and failed to honor the return policy.
Source:  Florida - Division of Administrative Hearings

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