Sec 32-1390.01. Funeral establishments; disciplinary action; civil penalty

A. The board may deny or refuse to renew the license of a funeral establishment or may take disciplinary action against a funeral establishment for any of the following reasons:

1. Fraud or misrepresentation in obtaining a license.

2. Failure to employ and designate a responsible funeral director.

3. The display or use of a funeral establishment license at any place other than the establishment to which it is issued.

4. A violation of any provision of title 44, chapter 10, article 7.

5. A violation of any provision of this chapter or a rule adopted pursuant to this chapter.

6. An act by an agent or an employee of a funeral establishment that violates any provision of this chapter or rules adopted pursuant to this chapter.

B. The acts or omissions of an agent or employee of a funeral establishment that violate any provision of this chapter or rules adopted pursuant to this chapter are considered to be the acts or omissions of the funeral establishment.

C. If the board finds that a funeral establishment has committed an offense listed in subsection A, it may take any of the following actions:

1. Issue a letter of censure or reprimand.

2. Impose probationary terms as the board considers necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee, including restitution to any customer or other person who was injured by a violation of this chapter or rule adopted pursuant to this chapter.

3. Impose a civil penalty not to exceed three thousand dollars per violation.

4. Revoke the license of the establishment pursuant to a disciplinary proceeding.

5. Suspend the license for not more than ninety days for a first offense or not more than one hundred eighty days for a second offense.