wv-wv-18573: 8-03 — Disciplinary and Complaint Procedures for Hearing Aid Dealers

6/29/2026 4:20:00 PM Office of West Virginia Secretary Of State NOTICE OF PUBLIC COMMENT PERIOD AGENCY: Hearing Aid Dealers TITLE-SERIES: 8-03 RULE TYPE: Legislative Amendment to Existing Rule: Yes Repeal of existing rule:Yes RULE NAME: Disciplinary and Complaint Procedures for Hearing Aid Dealers CITE STATUTORY AUTHORITY: 30-26-3 COMMENTS LIMITED TO: Written DATE OF PUBLIC HEARING: LOCATION OF PUBLIC HEARING: DATE WRITTEN COMMENT PERIOD ENDS: 07/29/2026 12:00 AM COMMENTS MAY BE MAILED OR EMAILED TO: NAME: West Virginia Board of Examiners for Speech-Language Pathology and Audiology ADDRESS: 99 Edmiston Way Ste 214, Box 11 EMAIL: wvbeslpa@wv.gov PLEASE INDICATE IF THIS FILING INCLUDES: RELEVANT FEDERAL STATUTES OR REGULATIONS: No (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) INCORPORATED BY REFERENCE: No (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) PROVIDE A BRIEF SUMMARY OF THE CONTENT OF THE RULE: Changed name to Hearing Aid Dispensers, took out Hearing Aid Dealer from the Tittle Name, Changes sunset date to 8-1-2032,,changes dealer to dispenser through the rule. SUMMARIZE IN A CLEAR AND CONCISE MANNER CONTENTS OF CHANGES IN THE RULE AND A STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE: Changed name to Hearing Aid Dispensers, took out Hearing Aid Dealer from the Tittle Name, Changes sunset date to 8-1-2032,,changes dealer to dispenser through the rule. SUMMARIZE IN A CLEAR AND CONCISE MANNER THE OVERALL ECONOMIC IMPACT OF THE PROPOSED RULE: A. ECONOMIC IMPACT ON REVENUES OF STATE GOVERNMENT: N/A B. ECONOMIC IMPACT ON SPECIAL REVENUE ACCOUNTS: N/A C. ECONOMIC IMPACT OF THE RULE ON THE STATE OR ITS RESIDENTS: N/A D. FISCAL NOTE DETAIL: Effect of Proposal Fiscal Year 2026 2027 Fiscal Year (Upon Increase/Decrease Increase/Decrease Full (use "-") (use "-") Implementation) 1. Estimated Total Cost Personal Services Current Expenses Repairs and Alterations Assets Other 2. Estimated Total Revenues E EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT): N/A BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT. Yes Pamela Coughlin --By my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §39A-3-2. 6/29/2026 4:20:00 PM Office of West Virginia Secretary Of State NOTICE OF PUBLIC COMMENT PERIOD AGENCY: Hearing Aid Dealers TITLE-SERIES: 8-03 RULE TYPE: Legislative Amendment to Existing Rule: Yes Repeal of existing rule:Yes RULE NAME: Application for Waiver of Initial Licensing Fees for Certain Individuals CITE STATUTORY AUTHORITY: 30-26-3 COMMENTS LIMITED TO: Written DATE OF PUBLIC HEARING: LOCATION OF PUBLIC HEARING: DATE WRITTEN COMMENT PERIOD ENDS: 07/29/2026 12:00 AM COMMENTS MAY BE MAILED OR EMAILED TO: NAME: West Virginia Board of Examiners for Speech-Language Pathology and Audiology ADDRESS: 99 Edmiston Way Ste 214, Box 11 EMAIL: wvbeslpa@wv.gov PLEASE INDICATE IF THIS FILING INCLUDES: RELEVANT FEDERAL STATUTES OR REGULATIONS: No (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) INCORPORATED BY REFERENCE: No (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) PROVIDE A BRIEF SUMMARY OF THE CONTENT OF THE RULE: Changed name to Hearing Aid Dispensers, took out Hearing Aid Dealer from the Tittle Name, Changes sunset date to 8-1-2032,,changes dealer to dispenser through the rule. SUMMARIZE IN A CLEAR AND CONCISE MANNER CONTENTS OF CHANGES IN THE RULE AND A STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE: Changed name to Hearing Aid Dispensers, took out Hearing Aid Dealer from the Tittle Name, Changes sunset date to 8-1-2032,,changes dealer to dispenser through the rule. SUMMARIZE IN A CLEAR AND CONCISE MANNER THE OVERALL ECONOMIC IMPACT OF THE PROPOSED RULE: A. ECONOMIC IMPACT ON REVENUES OF STATE GOVERNMENT: N/A B. ECONOMIC IMPACT ON SPECIAL REVENUE ACCOUNTS: N/A C. ECONOMIC IMPACT OF THE RULE ON THE STATE OR ITS RESIDENTS: N/A D. FISCAL NOTE DETAIL: Effect of Proposal Fiscal Year 2026 2027 Fiscal Year (Upon Increase/Decrease Increase/Decrease Full (use "-") (use "-") Implementation) 1. Estimated Total Cost Personal Services Current Expenses Repairs and Alterations Assets Other 2. Estimated Total Revenues E EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT): N/A BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT. Yes Pamela Coughlin --By my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §39A-3-2. 8CSR3 TITLE 8 LEGISLATIVE RULE BOARD OF HEARING-AID DEALERS EXAMINERS FOR SPEECH- LANGUAGE PATHOLOGY AND AUDIOLOGY SERIES 3 DISCIPLINARY AND COMPLAINT PROCEDURES FOR HEARING-AID DEALERS DISPENSERS '8-3-1. General. 1.1. Scope. -- This rule specifies a procedure for the investigation and resolution of complaints against hearing-aid dealers dispenser, hearing-aid fitters and temporary trainee permit permittees. 1.2. Authority. -- W. Va. Code '30-26-1 et seq. and 30-1-1 et seq. 1.3. Filing Date. -- January 10, 2001. 1.4. Effective Date. -- February 28, 2001. 1.5. SunsetProvision. -- ThisruleshallterminateandhavenofurtherforceoreffectonAugust1,2032. '8-3-2. Application. This rule applies to all licensed hearing-aid dealers dispenser, hearing-aid fitters and trainees. '8-3-3. Definitions. The following words and phrases as used in this rule have the following meanings, unless the context otherwise requires: 3.1 AApplicant@ means any person making application for an original or renewal license or a temporary trainee permit pursuant to W. Va. Code '30-26-1 et seq. 3.2. ABoard@ means the West Virginia Board of Hearing-Aid Dealers Examiners for Speech-Language Pathology and Audiology. 3.3. ALicense@meansalicenseortemporarytraineepermitissuedbytheBoardpursuanttoW.Va.Code '30-26-1 et seq. 3.4. A Hearing-aid dealer dispenser or hearing-aid fitter@ means a person who practices the dealing dispensing in or fitting of hearing aids. Hearing-aid dealers dispenser, hearing-aid fitters and trainees are defined in W. Va. Code '30-26-1. 3.5. AEthics investigator@ means a person or board committee member licensed to practice hearing-aid dealing dispensing in this state, and who is hired by the Board or who may be a board committee for the purpose of reviewing complaints against hearing-aid dealers dispensing , hearing-aid fitters and trainees. '8-3-4. Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Hearing-Aid Dealers Dispenser, Hearing-Aid Fitters or Trainees. 1 8CSR3 4.1. The Board may deny an application for license, place a licensee on probation, limit or restrict a license, suspend a license or revoke any license issued by the Board, upon satisfactory proof that a licensee has been convicted of a felony or is, in his or her professional capacity, engaged in conduct, practices or acts constitutingprofessionalnegligenceora willfuldeparturefromacceptedstandardsofprofessionalconductor committed other acts in violation of W. Va. Code '30-26-1 et seq. or the rules of the Board. '8-3-5. Disposition of Complaints. 5.1. Anyperson, firm, corporation, member of the Board, orpublic officer may make a complaint to the Boardwhichchargesahearing-aid,dealersdispensershearing-aidfitter,traineeorapplicantwithaviolation ofW.Va.Code'30-26-1etseq.oroftherulesoftheBoard. TheBoardmayprovideaformforthatpurpose, but a complaint may be filed in any written form. In addition to describing the alleged violation which prompted the complaint, the complaint should contain the following: 5.1.1. The name and address of the hearing-aid dealer dispenser, hearing-aid fitter, trainee or applicant against whom the complaint is lodged; 5.1.2. The date of the transaction or fitting; 5.1.3. The name of any person who may have seen the person after the alleged incident; and, 5.1.4. The name of the business where the incident took place. 5.2. A complaint against a hearing-aid dealer dispenser hearing-aid fitter, or trainee or applicant shall allege that such person has been convicted of a felony or is, in his or her professional capacity, engaging in conduct,practicesoractsconstitutingprofessionalnegligenceorawillfuldeparturefromacceptedstandards ofprofessionalconductorcommittedotherimproperactsinviolationofW.Va.Code'30-26-1etseq.orthe rules of the Board. 5.3. Complainants are immune from liability for the allegations contained in their complaints filed with the Board unless the complaint is filed in bad faith or for a malicious purpose. 5.4. TheBoardshallmaintainacomplaintlogwhichrecordsthereceiptofeachcomplaint,itsnatureand its disposition. 5.5. The Board shall maintain a separate file on each complaint received, and each file shall have a number assigned to it. 5.6. Upon receipt of a complaint, the Board shall issue one of the following acknowledgments to the complainant: 5.6.1. That the matter will be reviewed by the Board; 5.6.2. That the complaint is outside the jurisdiction of the Board, with suggestions as to how the complainant might best obtain a resolution of his or her problem; or, 5.6.3. Thatmoreinformationwillberequiredinordertoadequatelyreviewtheindividualcomplaint. 5.7. TheBoardshallsendacopyofthecomplaint,includinganysupportingdocumentation,bycertified mailtothelicenseeorpermitteetraineeorapplicantinquestionforhisorherwrittencomment,andheorshe shall submit a written response to the Board within thirty (30) days of the date of such correspondence, or waive the right to do so. 2 8CSR3 5.8. Requests for comment on complaints sent to licensees, permittees trainee or applicants shall be considered properly served when sent to their last known address. It is the responsibility of the licensee or permittee or applicants to keep the Board informed of his or her current address. 5.9. Upon receipt of a licensee=s or applicant=s comments in response to a complaint, the Board shall promptly send a copy of the same, including any supporting documentation, to the complainant. 5.10. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of sub-division 5.6. of this rule, the Board shall cause to be conducted any reasonable inquiry or investigation it considers necessary to determine the truth and the validity of the allegations set forth in the complaint. Thereviewofcomplaintsorinvestigationthereofmay,atthediscretionoftheBoard,beassigned to a committee of the Board. 5.11. AtanypointinitsinvestigationofacomplainttheBoardmay,atitsdiscretion,assignthematterto an ethics investigator for review and investigation. 5.12. Upon receipt of a complaint the ethics investigator or investigating committee shall, within sixty (60) days, review and investigate the same and provide the Board with a report. The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint including a description of the care provided, the records reviewed and a statement of the ethics investigator=s findings and recommendations. The ethics investigator or committee shall, upon request, be afforded an opportunity to haveaninvestigationinterviewwiththelicensee,permitteetraineeorapplicantinquestionorotherinvolved parties, a report of which shall be placed in the investigation file. 5.13. To facilitate the disposition of a complaint, the Board or the investigating committee may request any person to attend an informal conference, or to appear at aregular meeting of the Board, at any time prior to the Board entering any order with respect to the complaint. The Board or the committee shall give notice of the conference, which notice shall include a statement of issues to be informally discussed. Statements madeataconferencemaynotbeintroducedatanysubsequenthearingonthemeritswithouttheconsentofall parties to the hearing. No prejudice shall attach for failure to attend a conference pursuant to a request. 5.14. The Board, the investigating committee or chairperson may issue subpoenas and subpoenas duces tecum to complete the Board=s investigation and to determine the truth or validity of complaints. The ethics investigator may request the Board or its president to issue a subpoena or subpoena duces tecum . Any such request shall be accompanied by a brief statement specifying the necessity for the same. 5.15. Atanypointinthecourseofaninvestigationorinquiryintoacomplaint,theBoardmaydetermine that there is not and will not be sufficient evidence to warrant further proceedings, or that the complaint fails to allege misconduct for which a hearing-aid dealer dispenser, hearing-aid fitter or permittee trainee may be sanctionedbytheBoard:Provided,thatintheeventthereviewandinvestigationofacomplaintisassignedto the committee or an ethics investigator, the committee or ethics investigator shall make their respective findings and recommendations to the Board prior to the Board dismissing the complaint. '8-3-6. Contested Case Hearings. 6.1. TheBoardmayrefusetorenewalicenseorsuspendalicenseifitdeterminesthereisprobablecause tobelievethathearing-aiddealer,hearing-aidfitterdispenserortraineesconduct,practicesoractsconstitute an immediate danger to the public. '8-3-7. Appeals. 3 8CSR3 7.1. Any applicant who has had his or her application for a license denied by order of the Board may appeal the order within thirty (30) days of that action in accordance with the contested case hearing procedures set forth in W. Va. Code '29A-6-1 et seq. and the rules of the Board: Provided, that the appeal shall not include cases in which the Board denies a license or permit after an examination to test the knowledgeortheabilityoftheapplicantwherethecontroversyconcernswhethertheexaminationwasfairor whether the applicant passed the examination. 4