penalties imposed pursuant to section 32-1367. The board shall deposit, pursuant to sections 35-146 and 35-147, all monies collected pursuant to this section in the board of funeral directors’ and embalmers’ fund to defray the board’s expenses in connection with disciplinary investigations and hearings. Notwithstanding section 35-143.01, these monies may be spent on investigations and hearings without legislative appropriation. 32-1369. Cease and desist orders; injunctive relief A. In addition to all other remedies, if it appears to the board, either on complaint or otherwise, that any person has engaged in or is engaging in any act, practice or transaction that constitutes a violation of this chapter, of title 44, chapter 10, article 7 or of any rule adopted pursuant to this chapter, the board may either: 1. Serve a cease and desist order on the person by certified mail or personal service requiring the person to cease and desist immediately from engaging in the act, practice or transaction. 2. Apply, through the attorney general or county attorney of the county in which the act, practice or transaction is alleged to have been committed, to the superior court in that county for an injunction restraining the person from engaging in the act, practice or transaction or doing any act in furtherance of the act, practice or transaction. On a proper showing, the court shall grant a temporary restraining order, a preliminary injunction or a permanent injunction without bond. Process in an action under this paragraph may be served on the defendant in any county of this state where the defendant transacts business or is found. B. A person who receives a cease and desist order issued by the board pursuant to subsection A, paragraph 1 is entitled to a hearing pursuant to title 41, chapter 6, article 10 within thirty days after the effective date of the order. C. If a person fails to comply with an order issued by the board pursuant to subsection A, paragraph 1, the board shall file an action pursuant to subsection A, paragraph 2 to restrain and enjoin the person from engaging in the act, practice or transaction. The court in the action shall proceed as in other actions for injunction. If the court finds that the person willfully failed to obey a valid cease and desist order issued by the board, the court shall impose a civil penalty of at least two hundred fifty and not more than one thousand dollars per violation. item of funeral goods available for purchase. A funeral establishment shall place each price card in a location that enables a person to view the card without physically handling the card. Merchandise photographs must have the price of the merchandise displayed in a conspicuous manner. 32-1373. Statement of funeral goods and services A. A licensee or registrant shall not enter into a contract to furnish funeral goods or services in connection with the burial or other disposition of a dead human body until the licensee or registrant has first delivered to the potential purchaser a written or printed statement of funeral goods and services that contains the following information, if this information is available at the time the contract is executed: 1. The total charge for the services of the licensee or registrant and the use of the funeral establishment, including preparing the body and other
G. If a licensee or registrant refuses to participate in an informal interview or a formal hearing, the board may take any or all of the disciplinary actions listed in subsections D and E of this section. H. Before the board may revoke or suspend a license, registration or endorsement, other than a temporary suspension imposed pursuant to subsection D of this section, the board shall serve notice and conduct a hearing in the manner prescribed in title 41, chapter 6, article 10. I. After service of notice of a decision of the board suspending or revoking a license, registration or endorsement or imposing a disciplinary action on a licensee or registrant pursuant to subsection D or E of this section, a licensee may apply for a rehearing or review by filing a motion pursuant to title 41, chapter 6, article 10. The filing of a motion for a rehearing or review suspends the operation of the board’s decision to impose a disciplinary action and allows the licensee or registrant to continue to practice pending a denial or granting of the petition and pending the decision of the board on rehearing if a rehearing is granted. The board also may grant a rehearing on its own motion if it finds newly discovered evidence or for any other reason that justifies a reconsideration of a matter. J. Except as provided in section 41-1092.08, subsection H, any party who is aggrieved by a final order or decision of the board may appeal to the superior court pursuant to title 12, chapter 7, article 6. K. All notices that the board is required to provide to any person under this chapter are fully effective by personal service or by mailing a copy of the notice by certified mail addressed to the person’s last known address of record in the board’s files. Notice by mail is complete at the time of its deposit in the mail. L. In addition to the requirements of subsection K of this section, a funeral establishment or crematory shall file a notice with the board identifying the person on whom the board’s notices relating to the funeral establishment or crematory shall be served. 32-1368. Administrative costs On its determination that a licensee or registrant has violated a provision of this chapter or a rule adopted pursuant to this chapter, the board may assess the licensee or registrant its administrative costs and expenses incurred in conducting the investigation and its administrative costs and expenses incurred in connection with the informal interview or formal hearing. The board may assess these administrative costs and expenses in addition to any civil Chapter 12, Article 3.1: Funeral Practices 32-1371. List of prices of funeral goods and services offered A. The board shall adopt rules that require every licensee or registrant to give a standardized written or printed price list for retention to each person who personally inquires about funeral arrangements or prices of funeral goods or services. A funeral establishment shall offer each person the price list on beginning a discussion either of funeral arrangements or of the selection of funeral goods or services. B. A price list shall be presented in an accurate and readable manner in order to facilitate price comparisons by funeral service consumers. 32-1372. Display of merchandise prices; rules The board shall adopt rules that require each funeral establishment to place a price card in a conspicuous place with each casket, alternative container, outer burial container, alkaline hydrolysis container or other
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Book Code: FAZ0625
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