# Title 104 — North Dakota Board of Hearing Instrument Dispensers

## Article 104-06 — Practice Requirements

## Chapter 104-06-01 — Practice Requirements

### § 104-06-01-01. Notification of business name or address change.

Licensees are required to notify the board within ten days of when they change the name or
address of their business, including notification of the forwarding address when leaving the state. The
business address of licensees must be a permanent address and not a post-office box.
History: Effective July 1, 1996.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-10
### § 104-06-01-02. Guidelines for a thirty-day trial period.

1. Any purchaser of a hearing instrument or instruments is entitled to a refund of the full
purchase price advanced by the purchaser for such instrument or instruments, less a nominal
usage charge as hereinafter described, upon the return by the purchaser to the licensee in
good working order, normal wear and tear excepted, within thirty days from the date of
delivery of such instrument or instruments.
2. Prior to delivery to the purchaser by the licensee of any instrument or instruments, the per day
usage charge to which the licensee may be entitled upon the return of such instrument or
instruments within the thirty-day period shall be fixed by written agreement. In the absence of
such agreement, the licensee is entitled to no more than two dollars per day per instrument for
each day the instrument or instruments may be held by the purchaser.
3. The purchaser is entitled, at no cost, to receive a copy of any written agreement as described
in subsection 2, which agreement must include the name, address, and phone number of the
dealer or fitter.
4. No refund is due the purchaser for charges attributable to earmolds, batteries, hearing tests,
or hearing evaluations and other related procedures such as special modifications such as
needed for Cros or Bi-Cros hearing instruments, or any other type of fittings and testing unless
such fees exceed fifteen percent of all expenses incurred in the fitting process. Upon request,
any fee by the dispenser over the fifteen percent must be returned to the purchaser of the
complained of instrument.
History: Effective July 1, 1996.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-14
### § 104-06-01-03. Advertisements.

All advertisements for testing, dispersing, or selling hearing instruments must include at least the
name of the dispenser present or the office address and phone number of that dispenser.

History: Effective July 1, 1996.
General Authority: NDCC 43-33-14
Law Implemented: NDCC 43-33-12, 43-33-14
