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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.
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a. Previously held a license issued under this subchapter which was revoked or suspended without the terms of the suspension being fulfilled;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.
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.
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.
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