Subchapter 25 - PRODUCTS FOR THE DISABLED SALE, RENTAL, REPAIR AND SERVICING¶
§ 20-425 Definitions. Whenever used in this subchapter the following terms shall mean: a. "Disabled" means a person who has a physical or medical impairment resulting from anatomical or physiological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques. b. "Products for the Disabled" means any instrument or device either represented as an aid for or designed specifically or substantially for the disabled. This includes but is not limited to: braces, crutches, prosthetic devices, ostomy supplies and equipment, orthotic devices, self-help aids and wheelchairs. This subchapter does not apply to prosthetic dental devices, or any product, instrument or device the manufacturing, retailing or distribution of which is licensed by any other state or local law. c. "Person" means any firm, partnership, association, corporation or individual. d. "Dealer" means any person who engages in a business which substantially involves the selling, renting, repairing, or adjusting of products for the disabled, and who is not licensed or registered by any other state or local law. e. "Repair and Service" includes repair, adjustment, modification, maintenance, removal or installation of any integral parts, attachments or accessories to products for the disabled, whether done for compensation, other consideration, or under a warranty. f. "Written Estimate" means a signed writing containing: 1. a listing of the parts to be replaced and the cost of the replacements; and 2. a general description of the labor required for the repair and its cost; and 3. a statement of additional charges, if any, for the estimate, any service call, or any other extra charge excluding tax; and 4. the promised date of completion of the repair or delivery of purchased goods; and 5. a form statement that the final cost, excluding tax, will not exceed the estimated cost by more than twenty percent. This statement need not be given if the final cost, excluding tax, will not be more than the estimated cost. g. "Final Bill" means a signed writing containing: 1. an itemization of each replacement part, including a description by make and model or serial number or by class and type or such other description as will reasonably identify each part, and including the charge for each replacement part; and 2. a statement of the labor required for the repair and the total cost of such labor; and 3. a statement of additional charges, if any, for the estimate, pickup and delivery, service charge and any other charges.
§ 20-426 License required. a. It shall be unlawful for any dealer to engage in the selling, renting, fitting, repairing, or servicing of, or making adjustments to, products for the disabled without a license therefor. b. An application for a license shall be made to the commissioner. c. Any person maintaining more than one facility where such services are performed may file a single application for a license, but must pay a separate fee for each facility. d. If the business is to be carried on under a fictitious name, such name shall be stated on the application for a license. If the dealer is a partnership, any identifying data prescribed by the commissioner must be stated for each partner. If the dealer is a corporation, data as to each of the officers and directors as well as the individual in charge of each place of business must be included. e. A license issued under this subchapter is not assignable or transferable. f. Every license issued under this subchapter must be posted conspicuously on the licensee's premises and must be accessible for inspection by any interested person.
§ 20-427 Fees. The annual license fee shall be one hundred dollars.
§ 20-428 Denial of license. The commissioner may deny or refuse to renew a license if any applicant, partner, officer or director identified in the application for a license: a. Previously held a license issued under this subchapter which was revoked or suspended without the terms of the suspension being fulfilled; b. Has committed an act which, if committed by a licensee, would be grounds for suspension or revocation of a license issued pursuant to this subchapter; c. Has acted in the capacity of a licensee under this subchapter without a license therefor; d. Has been convicted of a crime or offense which relates to the operation of a business dealing in the sale, rental, repair or servicing of products for the disabled.
§ 20-429 Power and duties of the commissioner. a. The commissioner may make and promulgate such rules and regulations as may be necessary for the proper implementation and enforcement of this subchapter. b. In addition to any other powers of the commissioner, and not in limitation thereof, the commissioner shall have the power to enforce the provisions of this subchapter, to investigate any violation thereof, and to investigate the business, business practices and business methods of any person who is or may be subject to this subchapter, if in the opinion of the commissioner such investigation is warranted. Each person shall be obliged upon the request of the commissioner to supply such information as may be required concerning the business practices or methods or the proposed business practices or methods. c. For the purpose of enforcing the provisions of this subchapter, and in conducting investigations relating to any violation thereof, and for the purpose of investigating the character, competence and integrity of any person who is or may be subject to this subchapter, and the business or business practices or methods thereof, the commissioner, or the commissioner's designee shall have the power to compel the attendance of witnesses and the production of books and records, in accordance with the provisions of chapter one of this title of this code.
§ 20-430 Duties of licensees. a. All work performed by a dealer shall be recorded legibly on an invoice which shall contain the license number and the exact name and business address of the person or business entity. The invoice shall fully, separately and clearly describe the type and make of the device, all service work performed, all parts supplied, the date or dates thereof, and all charges made and the computations thereof. A copy of the invoice shall be delivered to the customer and the other shall be retained by the dealer for a period of at least three years from the date of such delivery. b. Upon request by telephone, in person or in writing, the dealer must provide information as to price and anticipated delivery date for the rental, sale, repair or service of any product covered by this subchapter. c. The dealer must give a prospective customer a written estimate for labor and parts required for a specific job if he or she intends to take the job. No charge for work performed or parts supplied in excess of twenty percent over written estimate shall be made unless the consent of the customer was obtained as described in section 20-425 of this subchapter before such work was done, parts supplied or services rendered. d. The dealer shall return all replaced parts to the customer, except such parts as may be exempted from this requirement by regulations of the commissioner and except such parts as the service dealer requires for return to the manufacturer or distributor under a warranty arrangement. e. A dealer shall not make the remuneration, salary, wage or other compensation of any partner, staff member, or employee contingent or dependent upon, or in any manner determined by the value, price, quantity or type of parts replaced, upon any apparatus serviced or repaired by any person required to be licensed by this subchapter. f. Every dealer shall maintain any additional records required to be kept by regulations adopted by the commissioner for a period of three years. Such records must be available for inspection by the commissioner or other law enforcement officials. g. No dealer shall charge a total price, excluding tax, which is more than twenty percent above the written estimate. h. No dealer shall fail to deliver the repaired item or purchased goods, together with a final bill, as defined above, on the promised completion date, unless the consumer is notified of the delay and the anticipated completion date. If complete repair is delayed for an unreasonable period of time the consumer shall have the right to the immediate return of the property.
§ 20-431 Revocation or suspension of a license. After due notice and hearing subject to section 20-432 the commissioner or the commissioner's designee may revoke or suspend any license required under this subchapter or deny renewal of one upon a determination that a licensee: a. Has been convicted of a crime or offense which in the judgment of the commissioner would constitute evidence that the licensee would be unfit to properly discharge his or her responsibilities under this subchapter. b. Has practiced fraud or misrepresentation upon a customer or in establishing his or her qualifications for a license under this subchapter. c. Has made false promises of a character likely to influence, persuade or induce a customer to authorize the sale, repair, maintenance or servicing of any product covered by this subchapter. d. Has failed to perform work or service in accordance with accepted trade standards. e. Has violated any of the provisions of this subchapter or the regulations promulgated thereunder or has knowingly caused, permitted, aided or abetted another in committing such violation.
§ 20-432 Complaints; hearing, remedies. The commissioner shall receive and investigate complaints from the public against any person issued a license pursuant to this subchapter, and after due notice and hearing, the commissioner may suspend or revoke the license or order any other measures deemed reasonable.