Date of Adoption: February 19, 1999.
Purpose: The amendments identify the recision amount determined by the Board of Hearing and Speech. The amendments also simplify and clarify the required language and format of the required purchase agreement used by hearing instrument fitter/dispensers in the sale of hearing instruments.
Citation of Existing Rules Affected by this Order: Amending WAC 246-828-290.
Statutory Authority for Adoption: RCW 18.35.161.
Other Authority: RCW 18.35.185(2).
Adopted under notice filed as WSR 99-01-096 on December 17, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Ninety days after filing [July 5, 1999].
March 15, 1999
Sheila Winkler, Chair
Board of Hearing
AMENDATORY SECTION(Amending Order 165B, filed 5/8/91, effective 6/8/91)
Purchaser recision rights.
In addition to the receipt and
disclosure information required by RCW 18.35.030, 63.14.040 and 63.14.120, every retail
agreement for the sale of a hearing aid shall contain or have attached the following notice to
buyer in ten point boldface type or larger on the front page in reasonable proximity to the
purchaser signature line.
The notice of additional rights must be made known to the purchaser before the contract
is executed. Such knowledge shall be demonstrated by the signature of the purchaser following
a statement of those "additional rights" or following a statement on the face of the contract that
the purchaser has been advised and is aware of the "additional rights." The "additional rights"
must be provided in writing to the purchaser by the licensee and be in ten point boldface type or
(2) You are entitled to a copy of this agreement at the time you sign it.
(3) You may cancel this agreement if it was solicited in person, and you sign it, at a place
other than the seller's business address shown on the agreement, by sending notice of such
cancellation by certified mail, return receipt requested, to the seller at his address shown on the
agreement, which notice shall be posted not later than midnight of the third day (excluding
Sundays and holidays) following your signing this agreement; you must return or make available
to the seller at the place of delivery any merchandise, in its original condition, received by you
under this agreement.
In the event of cancellation under RCW 18.35.190(3), or as otherwise provided by law, the licensee must, without further request, refund to you postmarked within ten days after such cancellation, all deposits, including down payment, less fifteen percent of the total purchase price or one hundred dollars per hearing aid, whichever is less. He must also return all goods traded in.
You, the buyer, shall incur no additional liability for such cancellation. If you have taken the steps described above to cancel the purchase and subsequently agree with the seller to extend the trial or recision period, you remain entitled to receive the refund upon demand made within sixty days of the original date of delivery or such other time as agreed to in writing by both parties. Written notice of the last date for demanding a refund is to be provided to you at the time the trial or recision period is extended.)) In addition to the receipt and disclosure information required by RCW 18.35.030, 18.35.185, 63.14.040 and 63.14.120, every retail agreement for the sale of hearing instruments shall contain or have attached the following notice to buyer in twelve point type or larger. The language in part 1 under "Notice to Buyer" is intended to have the same legal effect as the notices required in RCW 63.14.040(2) and 63.14.120(3) and may be substituted for those notices.
The rights summarized in the "Notice to Buyer" must be made known to the purchaser before the contract is executed. The licensee or certificate holder must provide this "Notice to Buyer" in writing to the purchaser. The purchaser must demonstrate knowledge of these rights by initialing each numbered section of the "Notice to Buyer" and by signing his or her name in the appropriate space following the "Notice to Buyer."
[Statutory Authority: RCW 18.35.161. 91-11-031 (Order 165B), recodified as § 246-828-290, filed 5/8/91, effective 6/8/91; 86-09-064 (Order PL 586), § 308-50-330, filed 4/17/86; Order PL 190, § 308-50-330, filed 5/23/75; Order PL 159, § 308-50-330, filed 2/8/74.]