PERMANENT RULES
(Board of Hearing and Speech)
Date of Adoption: March 6, 2002.
Purpose: The rule identifies the recision amount determined by the Board of Hearing and Speech and restates 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 Purchaser recision right.
Statutory Authority for Adoption: RCW 18.35.161.
Adopted under notice filed as WSR 02-02-045 on December 27, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
Thirty-one days after filing.
June 12, 2002
Robert Nicoloff
Executive Director
OTS-4207.1
AMENDATORY SECTION(Amending WSR 99-08-103, filed 4/6/99,
effective 7/5/99)
WAC 246-828-290
Purchaser recision rights.
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."
Signature of Purchaser | Date | |
Signature of Seller | Date | |
Delivery Acknowledgment - Signature of Purchaser | Date |
[Statutory Authority: RCW 18.35.161 and 18.35.185(2). 99-08-103, § 246-828-290, filed 4/6/99, effective 7/5/99. 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.]