32-1390.01. Prohibited acts; disciplinary actions; agents and employees; civil penalty

A. The department 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. Committing fraud or misrepresentation in obtaining a license.

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

3. Displaying or using a funeral establishment license at any place other than the funeral establishment to which it is issued.

4. Violating title 44, chapter 10, article 7.

5. Violating this chapter or a rule adopted pursuant to this chapter.

6. The commission of an act by an agent or an employee of the funeral establishment that violates 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 this chapter or rules adopted pursuant to this chapter are considered to be the acts or omissions of the funeral establishment.

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

1. Issue a letter of censure or reprimand.

2. Impose probationary terms as the department 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 a rule adopted pursuant to this chapter.

3. Impose a civil penalty not to exceed $3,000 per violation.

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

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