FLORIDA ATTORNEY GENERAL ISSUES ADVISORY LEGAL OPINION ON HEARING AID SPECIALIST BOARD, INDEPENDENT PROSECUTOR

The office of the Florida Attorney General issued the following advisory legal opinions:

Number: AGO 2006-41

Ms. Sue FosterExecutive DirectorBoard of Hearing Aid Specialists4052 Bald Cypress Way, BIN #C08Tallahassee, Florida 32399-3258

RE: HEALTH, DEPARTMENT OF-HEARING AID SPECIALISTS-ATTORNEYS- authority of board to hire independent prosecutor. s. 456.073, Fla. Stat.

Dear Ms. Foster:

On behalf of the Board of Hearing Aid Specialists, you ask substantially the following question:

Does the Board of Hearing Aid Specialists have the authority to hire private counsel for their prosecutorial services?

The Florida Board of Hearing Aid Specialists (board) is authorized to implement the provisions of Part II, Chapter 484, Florida Statutes, regulating hearing aid specialists.[1] Complaints filed against licensees are reviewed and disposed of in accordance with the procedures set forth in Chapter 456, Florida Statutes.[2]

Section 456.009, Florida Statutes, addresses the provision of legal services for the boards under the jurisdiction of the Department of Health (department). Pursuant to subsection (1), the department shall provide board counsel for boards within the …