Section 682.610  Disciplinary Action

Disciplinary actions by the Department shall be in the following order of severity:  letter of reprimand, probation, suspension of license, denial of license or revocation of license.  The severity of the disciplinary action shall be determined by the number of violations which have occurred; previous disciplinary actions which have been taken against a licensed Hearing Instrument Dispenser; conviction of the licensed Hearing Instrument Dispenser, for felonies or misdemeanors involving fraud or dishonesty, especially those convictions which are related to Hearing Instrument dispensing; the effect of the violation on a consumer versus a non-consumer related violation; and the licensed Hearing Instrument Dispenser's degree of cooperation in resolving a complaint which is a violation.  The Department, with the approval of the Board, may impose a fine not to exceed $1000 plus costs for the first violation and not to exceed $5000 plus costs for each subsequent violation of this Act, and the rules promulgated hereunder, on any person or entity described in this Act.  Such fine may be imposed as an alternative to any other disciplinary measure, except for probation.  The imposition by the Department of a fine for any violation does not bar the violation from being alleged in subsequent disciplinary proceedings.  Such fine shall be deposited in the Fund. (Section 18 of the Act)

(Source:  Amended at 21 Ill. Reg. 4799, effective April 1, 1997)