331-680-0010 Civil penalties The Office has adopted the following presumptive penalty schedule for violation of statutes and rules. This schedule applies, except at the discretion of the Office pursuant to OAR 331-020-0060. For violations not addressed by this schedule, the provisions of OAR 331-020-0060 apply: (1) Dealing in, attempting to deal in, or purporting to deal in hearing aids without a license or a trainee registration is a violation. (a) Never held or expired: (A) 1st offense: $2,500; (B) 2nd offense: $5,000; (C) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder. (b) Inactive: (A) 1st offense: $200; (B) 2nd offense: $500; (C) 3rd offense: $1,000 (D) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder. (c) Suspended or revoked: (A) 1st offense: $2,500; (B) 2nd offense: $5,000; (C) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder. (2) Failing as a licensee to inform the Office within 30-calendar days of a change of information: (a) 1st offense: $100; (b) 2nd offense: $200; (c) 3rd offense: $500. (3) Failing to properly supervise, or to adhere to a supervision standard for a trainee dealing in hearing aids: (a) 1st offense: $500; (b) 2nd offense: $1,000 and suspension of the authorization to provide supervisory training; (c) 3rd offense: $5,000 in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license. (4) Failing to adhere to a service area standard in OAR 331-660-0005: (a) 1st offense: $250; (b) 2nd offense: $500; (c) 3rd offense: $1,000. (5) Failing to calibrate or provide proof of calibration on audiometric testing equipment: (a) 1st offense: $500; (b) 2nd offense: $1,000; (c) 3rd offense: $2,500. (6) Failing to provide a client with a complete and properly formatted Statement to the Prospective Hearing Aid Purchaser: (a) 1st offense: $500; (b) 2nd offense: $1,000; (c) 3rd offense: $2,500. (7) Failing to obtain a signed Waiver of Medical Opinion: (a) 1st offense: $500; (b) 2nd offense: $1,000; (c) 3rd offense: $2,500. (8) Failing to respond timely to an Office request for information regarding a complaint: (a) 1st offense: $500; (b) 2nd offense: $1,000; (c) 3rd offense: $2,500 in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license. (9) Failing or refusing to rescind the sale of a hearing aid, pursuant to ORS 694.042: (a) 1st offense: $1,500 plus the purchaser price of the hearing aid (b) 2nd offense: $3,000 plus the purchaser price of the hearing aid (c) 3rd offense: $5,000 plus the purchaser price of the hearing aid, in addition to any other penalties allowed by law including probation, suspension, revocation or refusal to issue a license. (10) Failing to meet professional standards related to testing for a hearing aid in OAR 331-660-0010. (a) 1st offense: $1,000; (b) 2nd offense: $2,500; (c) 3rd offense: $5,000 in addition to any other penalties allowed by law including probation, (11) Failing to meet continuing education requirements or to provide or retain required documentation: (a) 1st offense: $500 and suspension or revocation of license; (b) 2nd offense: $1,000 and suspension or revocation of license; (c) 3rd offense: $5,000 in addition to any other penalties allowed by law including revocation or refusal to issue a license. (12) Failing to maintain client records for each client receiving services, or failing to allow the Office access to review client records upon request: (a) 1st offense: $500 (b) 2nd offense: $1,000 (c) 3rd offense: $5,000 in addition to any other penalties allowed by law including revocation or refusal to issue a license. Statutory/Other Authority: ORS 694.015-694.170 & ORS 694.991 Statutes/Other Implemented: ORS 694.015-694.170 & ORS 694.991 History: HLO 76-2018, adopt filed 06/15/2018, effective 07/01/2018