STATE OF VERMONT OFFICE OF PROFESSIONAL REGULATION HEARING AID DISPENSERS ADMINISTRATIVE LAW OFFICER ) ) ) ) ) DEFAULT JUDGMENT.

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1 STATE OF VERMONT OFFICE OF PROFESSIONAL REGULATION HEARING AID DISPENSERS ADMINISTRATIVE LAW OFFICER In r~: Kathleen M. Ettari Docket No. HD DEFAULT JUDGMENT Introduction Specification of Charges of unprofessional conduct was filed against Hearing Aid Dispenser Kathleen M. Ettari, License No , on May 31,2005 and a Notice of Charges was sent by certified and first-class mail on June 2, Both the certified and first-class notices were returned as not deliverable. The Respondent, however, is obligated by 26 V.S.A to maintain a Vermont business address, office and telephone number at which the license can normally be reached. Pursuant to Rule 3.3 of the Administrative Rules of Practice of the Office of Professional Regulation ("OPR", the Answer was, therefore, due on or before June 27, The Respondent failed to timely file an Answer or a written Motion for Extension of Time to Answer with the Office of Professional Regulation, attn: Jessica Porter as instructed in the Notice of Charges. The undersigned was assigned as Administrative Law Officer for this matter on June 30, Respondent, having failed to respond to the charges within the required 20 days, was sent a notice by first-class and certified mail, return receipt requested on July 20, 2005 of a Hearing for Default Judgment scheduled for 1 :45 PM on August 1, The first-class and certified notice was returned as undeliverable. The Hearing for Default Judgment was held as scheduled on this date, August 1,2005, and present for the State was Prosecuting Attorney Edward Adrian, Esq. The Respondent failed to appear. Mr. Adrian indicated that he had had no contact with the Respondent with regard to the pending matter. Findin2S of Fact Pursuant to Rule 3.4 of the Administrative Rules of Practice ofopr, when a Respondent has defaulted, the allegations of the charges are to be treated as proven and, consequently, disciplinary action is to be taken based on those allegations. It is to be noted, however, that, under the rule, "[U]pona showing of good cause, a hearing authority may remove a default and schedule a new hearing when requested by the respondent to do so."

2 B. Pursuanto the rule, the undersigned, therefore, finds that: 1. The Administrative Law Officer has jurisdiction to hear matters involving allegations of unprofessional conduct by licensed Hearing Aid Dispensers pursuanto 3 V.S.A. 122, 129, and 129a; 26 V.S.A. 3288(5 and 3301; the Administrative Rules for Hearing Aid Dispensers; and the Rules of the Office of Professional Regulation. 2. The Respondent, Kathleen M. Ettari, is licensed in the State of Vermont as a Hearing- Aid Dispenser holding license number This license was originally issued on May 11, 1999 and was set to expire on July 31,2005; 3. At all times relevant, Respondent was the owner of and local Beltone hearing care practitioner at Beltone Hearing Center, located in Burlington, Vermont. On or about December 23, 2004, Customer, L.R., paid $2, for two hearing aids which she was to receive in seven to ten days. The hearing aids were delivered over 34 days later. When they arrived they were not the ones that L.R. had ordered and they did not fit properly. 6. L.R. attempted to return the hearing aids within the warranty period, but was unable to reach the Respondent. The Respondent no longer works for the Beltone Company. The local store, Beltone Hearing Center in Burlington, VenIlont, is no longer in business. Conclusions of Law The above acts, omissions, and circumstances constitute grounds for discipline because the Respondent has committed unprofessional conduct in violation of the following: A. 3 V.S.A. 129a (a(3 -Failing to comply with provisions of federal or state statutes or rules governing the practice of the profession; and 26 V.S.A. 3301(b (7 -Willfully failing to honor any representation, promise, agreement or warranty to a consumer; and c. 26 V.S.A. 330l(b(lO -Unreasonably delaying payment of such refunds as may be due. Qrill Based on the above Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED that the Respondent's license is SUSPENDED INDEFINITELY WITH 2

3 THE CONDITION that before seeking reinstatement the Respondent must demonstrate that she has made full and satisfactory restitution to L. R. and all other customers to whom refunds may be due. SO ORDERED: <?/I.IL~ l5l!~62 Date 3

4 STATE OF VERMONT SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION HEARING AID DISPENSERS IN RE: KATHLEEN M. ETTARI License No: Docket No: HDOI-O205 SPECIFICATION OF CHARGES NOW COMES the State of Vermont and makes the following Charges against the Respondent, Kathleen M. Ettari: Authority 1 The Secretary of State's Office has jurisdiction to adjudicate cases of unprofessional conduct committed by hearing aid dispensers pursuanto 3 V.S.A. 129, 129a; 26 V.S.A. 3301; the Administrative Rules for Hearing Aid Dispensers; and the Rules of the Office of Professional Regulation. 2 Failing to comply with provisions of federal or state statutes or rules governing the practice of the profession is unprofessional conduct upon which the Board can base disciplinary action. 3 V.S.A. 129a(a(3. 3 Willfully failing to honor any representation. promise. agreement or warranty to a consumer is unprofessional conduct upon which the Board can base disciplinary action. 26 V.S.A. 3301(b(7. 4 Umeasonably delaying the payment refunds is unprofessional conduct upon which the Board can base disciplinary action. 26 V.S.A. 3301(b(lO. Statement of Facts 5 The Respondent, Kathleen M. Ettari, is a hearing aid dispenser holding license number issued by the State of Vermont. This license was originally issued on May 11, 1999 and is currently set to expire on July 31,2005. STATE OF VERMONT 6 At all times relevant, Respondent was the owner and local Beltone hearing care practitioner at Beltone Hearing Center, located in Burlington, Vermont. 7 On or about December 23,2004, Customer L.R. paid $2,900 for two hearing aids that she was to receive in seven to ten days. Prosecuting Attorney Office of Professional Regulation 9 Baldwin Street Montpelier, VT The hearing aids were delivered over 34 days later. When they arrived they were not the ones L.R. had ordered, and they did not fit properly.

5 L.R. attempted to return the hearing aids within the warranty period, but was unable to reach the Respondent. 10 The Respondent no longer works for Beltone Company. The local store, Beltone Hearing Center located in Burlington, Vermont, is no longer in business. Charges 11 The acts, omissions and/or circumstances described above constitute grounds for discipline because the Respondent has committed unprofessional conduct in violation of: (i 3 V.S.A. 129a(a(3 (Failing to comply with provisions of federal or state statutes or rules governing the practice of the profession; and (ii 26 V.S.A. 3301(b(7(Willfully failing to honor any representation, promise, agreement or warranty to a consumer; and (iii 26 V.S.A (b (10 (Umeasonably delaying payment of such refunds as may be due. Relief Requested WHEREFORE, the license of Kathleen M. Ettari should be revoked, suspended, reprimanded, conditioned or otherwise disciplined. l~1 I' J~T Dated at Montpelier, Vermont this,1 I STATE OF VERMONT hd.ettari.soc Prosecuting Attorney Office of Professional Regulation 9 Baldwin Street Montpelier, VT ~