32-1367. Investigations; initial review; disciplinary proceedings; civil penalty; letters of concern; rehearings A. The board shall conduct an investigation when it receives a written complaint that appears to show the existence of any grounds for disciplinary action under this chapter or rules adopted pursuant to this chapter. B. The board on its own initiative may investigate any information that appears to show the existence of any grounds for disciplinary action under this chapter or rules adopted pursuant to this chapter. C. If it appears after an initial investigation that grounds for disciplinary action may exist, the board may either request an informal interview with the licensee or registrant or may issue a notice of a formal hearing. If the initial investigation indicates that suspension other than a temporary suspension imposed pursuant to subsection D of this section or revocation of a license, registration or endorsement may be warranted, the board shall schedule a formal hearing pursuant to title 41, chapter 6, article 10. D. After completing an informal interview, the board may take any or all of the following disciplinary actions: 1. Issue a letter of censure or reprimand. 2. Impose probationary terms as the board deems necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee or registrant. Probationary terms imposed pursuant to this paragraph may include temporary suspension of a license, registration or endorsement for a period of not more than thirty days, restriction of the licensee’s or registrant’s right to practice pursuant to this chapter and a requirement that restitution be made to any funeral service consumer or other person who was injured by a violation of this chapter or rules adopted pursuant to this chapter. A licensee’s or registrant’s failure to comply with any probationary terms imposed pursuant to this paragraph is cause for the board to consider the entire case against the licensee or registrant and any other alleged violations of this chapter at a formal hearing. 3. Impose a civil penalty of not more than one thousand dollars for each violation. E. After completing a formal hearing, the board may take any or all of the following disciplinary actions: 1. Issue a letter of censure or reprimand. 2. Impose probationary terms as the board deems necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee or registrant. Probationary terms imposed pursuant to this paragraph may include a requirement that restitution be made to any funeral service customer or other person who was injured by a violation of this chapter or rules adopted pursuant to this chapter. 3. Impose a civil penalty not to exceed three thousand dollars per violation. 4. Suspend a license, registration or endorsement for not more than ninety days for a first offense and not more than one hundred eighty days for a second offense. 5. Revoke a license, registration or endorsement. F. If, as a result of information ascertained during an investigation, informal interview or formal hearing, the board determines that an alleged violation of this chapter or rules adopted pursuant to this chapter is not sufficiently serious to warrant disciplinary action, the board may issue a letter of concern to the licensee or registrant. The letter of concern shall advise the licensee or registrant of the possible violation.
disposition of a dead human body. The decision of a crematory, cemetery or funeral establishment to cremate or otherwise provide for the lawful disposition of a dead human body in reliance on the direction of a person who claims to be the authorizing agent is presumed to be in good faith unless the crematory, cemetery or funeral establishment has actual knowledge that the claim is false. H. If the authorizing agent is not reasonably available or unable to act as the authorizing agent, the person’s right to be the authorizing agent shall pass to the next person or category of persons in the order of preference prescribed in section 36-831. I. It is presumed that the authorizing agent is not reasonably available to act as authorizing agent if the crematory, cemetery or funeral establishment after exercising due diligence has been unable to contact the individual or if that person has been unwilling or unable to make final arrangements for the disposition of the decedent within fifteen days after the initial contact by the crematory, cemetery or funeral establishment. If a person in a prior category makes an initial contact with the crematory, cemetery or funeral establishment or becomes able before the final disposition of the decedent, that person resumes that person’s right to serve as the authorizing agent. J. Any dispute among any of the persons listed in section 36-831, subsection A concerning the right to control the disposition, including cremation, of a decedent’s remains shall be resolved by the parties to the dispute or by a court of competent jurisdiction in order to expedite the resolution of a dispute among the parties. A crematory, cemetery or funeral establishment shall not be liable for refusing to accept the decedent’s remains or inter, cremate or otherwise dispose of a decedent’s remains until it receives a court order or other suitable confirmation that the dispute has been resolved or settled. A crematory, cemetery or funeral establishment may bring an action in a court of competent jurisdiction in order to expedite the resolution of a dispute among the parties listed in section 36-831, subsection A. K. For the purposes of this section “reasonably available” means a person who is able to be contacted by the crematory, cemetery or funeral establishment without undue effort and who is willing and able to act within fifteen days after the initial contact by the crematory, cemetery or funeral establishment. 32-1366. Grounds for disciplinary action A. After a formal hearing, the board may deny or refuse to renew a license or registration or may take disciplinary action against any embalmer, intern, funeral director, alkaline hydrolysis operator or other person who is licensed or registered pursuant to article 2 or 2.1 of this chapter for any of the following reasons: 1. Commission of an act of unprofessional conduct. 2. Repeated or continuing negligence or any other professional incompetence in the practice of funeral directing, embalming or alkaline hydrolysis. 3. Violation of any provision of this chapter or any rule adopted pursuant to this chapter. 4. Violation of any provision of title 44, chapter 10, article 7. B. After a formal hearing, the board may deny or refuse to renew a license or take disciplinary action against a responsible funeral director for a violation of any provision of this chapter or any rule adopted pursuant to this chapter by an employee of the licensed funeral establishment that the responsible funeral director manages.
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