SECTION 112.61. Recovery on Surety Bond or Other Form of Financial Security

(a) The purchaser of a hearing instrument may rescind the purchase and recover funds as provided by Texas Occupations Code §402.404 and §112.60 for:

(1) a material misstatement of fact or misrepresentation by a license holder employed by an entity regarding the instrument or services to be provided by the license holder that was relied on by the purchaser or that induced the purchaser to purchase the instrument;

(2) the failure by the entity to provide the purchaser with an instrument or with fitting and dispensing services that conform to the specifications of the purchase agreement;

(3) the diagnosis of a medical condition unknown to the purchaser at the time of the purchase that precludes the purchaser's use of the instrument;

(4) the failure by the entity to remedy a significant material defect of the instrument within a reasonable time;

(5) the provision by the entity of fitting and dispensing services that are not in accordance with accepted industry practices; or

(6) the failure by a license holder employed by the entity to meet the standards of conduct prescribed by Occupations Code Chapter 402 or this chapter that adversely affects the transactions between the purchaser and the license holder or the entity.

(b) The purchaser of a hearing instrument must file a claim with the department to recover funds from the financial security submitted to the department under §112.60.

Source Note: The provisions of this §112.61 adopted to be effective October 1, 2016, 41 TexReg 4458; amended to be effective September 1, 2020, 45 TexReg 6096