West Virginia Code of State Rules Agency 8 - Hearing Aid Dealers
West Virginia Code of State Rules — Agency 8: Hearing Aid Dealers
Overview
Agency 8 regulates hearing aid dealers and fitters in West Virginia. It is issued by the West Virginia Board of Hearing Aid Dealers and covers licensing, practice standards, consumer protections, complaint handling, and disciplinary procedures. The rules are organized into several series under Title 8 — Legislative Rule: West Virginia Board of Hearing Aid Dealers.
Series 8-01 — Rule Governing the Board of Hearing Aid Dealers
§ 8-1-1 — General
Establishes the authority of the Board and specifies that the rules apply to all persons engaged in selling or fitting hearing aids in the state.
§ 8-1-2 — Definitions
Defines key terms such as hearing aid, dealer, fitter, licensee, and trainee.
§ 8-1-3 — Application for Licenses and Permits
Describes the process for applying for a hearing aid dealer or fitter license, as well as trainee permits.
§ 8-1-4 — Issuance of Licenses and Permits
Covers how licenses and permits are issued, fees, expiration, renewal, trainee supervision, and late renewal penalties.
§ 8-1-5 — Reciprocity
Specifies conditions under which the Board may recognize out-of-state licenses.
§ 8-1-6 — Responsibilities of the Licensee
Licensees must comply with laws and Board rules, maintain records of each fitting/sale, renew licenses on time, and supervise trainees properly.
§ 8-1-7 — Matters to Be Ascertained Before Sale/Fitting
Customers must receive written disclosure that the exam is not a medical diagnosis.
Persons under 18 must have a physician’s exam and written authorization before fitting.
Adults may waive a medical evaluation if informed of its benefits, but certain conditions require referral to a physician.
Records of disclosures must be kept for seven years.
§ 8-1-8 — Sales Receipt Requirements
Receipts must contain specified information consistent with consumer protection standards.
§ 8-1-9 — Advertising
Sets standards and restrictions for advertising hearing aids and related services.
§ 8-1-10 — Complaint Procedures
Outlines basic procedures for handling consumer complaints against dealers or fitters.
§ 8-1-11 — Causes for Suspension or Revocation
Lists grounds for license suspension, revocation, or other disciplinary actions.
§ 8-1-12 — Right to Rescind Purchase Agreement
Allows consumers to cancel a hearing aid purchase under specified conditions.
§ 8-1-13 — Examination Fees for Licensure
Details the fees for exams required for licensure.
Series 8-02 — Contested Case Hearing Procedure
Describes how hearings are conducted for contested license decisions or disciplinary actions, including:
How to request a hearing in writing
Scheduling and notice requirements
Rights of parties to representation and evidence
Recordkeeping and public access
Series 8-03 — Disciplinary and Complaint Procedures
Covers procedures for:
Filing complaints
Investigating alleged violations
Maintaining complaint records
Conducting disciplinary proceedings
Appealing Board decisions
Series 8-04 — Waiver of Initial Licensing Fees
Explains how qualifying individuals may request a waiver of initial licensing fees and what documentation is required.
Series 8-05 — Consideration of Prior Criminal Convictions
Provides guidance on evaluating applicants with prior criminal convictions, including criteria for licensing decisions.
Summary
Agency 8 regulates:
Licensing: Qualifications, applications, exams, renewals, and trainee permits
Practice standards: Requirements before fitting or selling hearing aids, recordkeeping, supervision
Consumer protections: Sales receipts, advertising, cancellation rights
Enforcement: Complaint handling, disciplinary procedures, and contested case hearings
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