§ 5-33.2-17 - Revocation or suspension of license.
SECTION 5-33.2-17
§ 5-33.2-17 Revocation or suspension oflicense. – (a) The division has the power to refuse to issue or may revoke or suspend anylicense issued by it under this chapter, after written notification and ahearing before the board for gross incompetency, for unprofessional conduct,which is defined to include:
(1) Conviction of a felony;
(2) Misrepresentations made of services, goods, or of funeralprices or fraud committed as a holder of a license for the practice ofembalming, funeral directing or the holder of a license as a funeralestablishment, funeral establishment branch or crematory;
(3) False or misleading advertising as the holder of alicense for the practice of embalming, funeral directing or the holder of alicense as a funeral establishment, funeral establishment branch or crematory;violating any regulations relating to "truth in advertising"; or failure to dothe following:
(i) List only full-time employees or those having anownership interest in the advertisements including his or her title, whichclearly identifies ones duties;
(ii) List the name of the funeral director of record for theestablishment in all advertising;
(iii) A deceased founder may be listed in advertisements withthe notation "founder" following the name;
(4) Solicitation of dead human bodies by any licensedembalmer, funeral director, funeral attendant or the holder of license as afuneral establishment, funeral establishment branch or crematory, its agents,assistants or employees, whether the solicitation occurs after death or whiledeath is impending; provided, that this does not prohibit general advertising;
(5) Employment directly or indirectly of any intern, agent,assistant, employee, or other person, on part or full-time, or on commission,for the purpose of calling upon individuals or institutions by whose influencedead human bodies may be turned over to a particular funeral establishment;
(6) The direct or indirect payment or offer of payment of acommissioner by any funeral establishment, funeral establishment branch orcrematory, its agents, assistants, or employees for the purpose of securingbusiness;
(7) Solicitation or acceptance by a licensed funeraldirector/embalmer, or the holder of a license as a funeral establishment,funeral establishment branch or crematory, of any commission or bonus or rebatein consideration of recommending or causing a dead human body to be disposed ofin any crematory, mausoleum or cemetery;
(8) Using any funeral merchandise previously used in whole orin part without prior written permission of the person selecting and/or payingfor the use of the merchandise;
(9) Violation of any of the provisions of this chapter;
(10) Violation of any state law or rule and regulationaffecting the handling, custody, care, transportation or final disposition ofdead human bodies;
(11) Fraud or misrepresentation in obtaining or renewing alicense;
(12) Refusing to properly release a dead human body to thecustody of the person or entity who has the legal right to effect the releaseand authorized cost has been paid;
(13) Aiding or abetting an unlicensed person to practicefuneral directing and embalming or holding oneself out as a licensed funeraldirector/embalmer.
(14) Failure to secure any required permit for removal orburial of dead human remains prior to interment or final disposition;
(15) Knowingly making any false statement on a certificate ofdeath;
(16) Violation of chapter 33.1 of this title entitled"Funeral Service Contracts";
(17) Discriminating in services because of race, creed,color, or national origin;
(18) Permitting non-funeral service licensees to makearrangements for a funeral prior to, or at, need unless exempted under chapter33.1 of this title or a registered intern under the supervision of a licensee;
(19) Substantial or repeated violations of the Rules andRegulations of the Federal Trade Commission and/or the Occupational Safety andHealth Administration, or for other violations deemed sufficient; provided,that before any license is revoked or suspended, the license holder shall havenotice, in writing, of the charge or charges against him or her and shall havereasonable opportunity to be heard in his or her defense.
(b) Any person whose certificate has been revoked orsuspended may apply to have the certificate reissued, and the certificate shallbe reissued to him or her upon a satisfactory showing that disqualification hasceased.