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24.150.510    TRANSACTIONAL DOCUMENT REQUIREMENTS - FORM AND CONTENT

(1) In addition to the requirements of 37-16-303, MCA, all bills of sale, including a three-day cancellation notice, where applicable, contracts and purchase agreements, or other written memorialization of the sale, shall be on a form no smaller than 8 1/2 x 11 inches and conform to the terms set forth in this rule.

(2) The terms of the right to cancel found at 37-16-304, MCA, must be set off from surrounding text in a bold-lined box and include the statement required by 37-16-303, MCA. The text within the box must include the heading "Right to Cancel Provided by Montana Law" and appear in bold-face type, in no less than 10-point size font. The box shall be positioned immediately above the signature line of the purchaser and seller.

(3) A delivery verification form stating the date of delivery and signed by the purchaser shall be obtained at the time of delivery by the dispenser. The delivery verification form shall also restate the terms of the 30-day refund or cancellation period. Dispensers have the option to use contracts with the required information, signed at delivery, in lieu of the separate delivery verification requirement.

(4) Any trainee, who provides service to a patient, must legibly print or type the trainee's name, the designation "trainee," and license number on the document along with the name and license number of the trainee's supervisor.

(5) Notice of cancellation must be given to the seller in writing within 30 days of the date of delivery of the hearing aid or related device. The notice of cancellation may be delivered by mail or in person, and must indicate the purchaser's intent not to be bound by the sale. The purchaser shall return the hearing aid or related device in substantially the same condition as it was received. Under this provision, the hearing aid dispenser shall refund to the purchaser the amount paid, minus a dispensing fee, within ten days of receipt of the written notice of cancellation. The dispensing fee per hearing aid or related device may not exceed 15 percent of the purchase price or $250, whichever is less. All fees to be retained by the dispenser, in the event the hearing aid(s) is returned, shall be prominently displayed in a dollar amount on all transactional documents.

 

 

History: 37-16-202, MCA; IMP, 37-16-303, 37-16-304, MCA; NEW, 1993 MAR p. 534, Eff. 4/16/93; AMD, 1997 MAR p. 832, Eff. 5/6/97; AMD, 1997 MAR p. 2281, Eff. 12/16/97; AMD, 2000 MAR p. 2514, Eff. 9/22/00; AMD, 2001 MAR p. 781, Eff. 5/11/01; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2004 MAR p. 2816, Eff. 11/19/04; AMD, 2007 MAR p. 468, Eff. 4/13/07.

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