STATE OF FLORIDA DEPARTMENT OF HEALTH 03 APR IB PM 4: 47 BOARD OF HEARING AID SPEICIALISTS DIVIs; DEPARTMENT OF HEALTH, PETITIONER, 0 -1S43PL vs. CASE NUMBER: AS1999-01775 JAMES EDWARD KELLY, 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 JAMES EDWARD KELLY, 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(formerly Chapter 455), 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 Admini stration, 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 duly licensed Hearing Aid Specialist having been issued license number AS 0002745 3. Respondent’s last known address is 50 East Sample Road, Pompano Beach, Florida 33064. 4. Respondent dispensed hearing aids to patient R.H. on or about November 17, 1997 for $3,000, from Audiometric in Tampa, FL. They were delivered to the patient on December 23, 1997, 5. Patient returned the hearing aids to Respondent on January 19, 1998, because the patient was dissatisfied with their use. 6. Respondent promised a refund but failed to provide a refund within thirty days of delivery. 7. Based on the foregoing, the Respondent has violated Section 484.056(1)(h), Florida Statutes, and Section 484.0512(1)(2), Florida Statutes, by failing to provide a refund for hearing aids retumed within thirty days of delivery. 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 this 20th day of { bl , 2001. FI LE D bert G. Brooks, M.D. DEPARTMENT OF HEALTH DEPUTY CLERK Secretary, Department of Health CLERK Uehi R. Kener DATE___*] [2S far Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration COUNSEL FOR PETITIONER: Rudolph C. Campbell, Senior Attorney Agency for Health Care Administration ° Practitioner Regulation - Legal 2727 Mahan Drive, Bldg. #3, MS-39 Tallahassee, FL 32308 FBN 0159824 (850) 410-3465 peP: Bolancs + Yordon Dale: S-15-0)

Docket for Case No: 03-001593PL