| Subchapter
3 |
Embalmers
and Funeral Directors Law - Licensing |
| § 17- 29- 305 |
Funeral
Establishment - Examinations - Licenses |
| (a) |
(1) |
Funeral establishment
licenses shall be issued, upon application to the board, only after examination of the
establishment to be licensed reveals that the requirements of the board for an
establishment license have been met. The fee shall accompany the application for a funeral
establishment license. |
|
(2) |
All funeral
establishment licenses expire on December 31 of each year. |
|
(3) |
The board shall grant
or deny each application for a license under this section after it is filed. |
|
(4) |
No person who has
filed an application for a license shall be prosecuted for violation of this section
unless it is shown that this application was duly denied by the board and that he was duly
notified of the denial. |
| (b) |
When an
establishment changes ownership, the board shall be notified, in writing, within thirty
(30) days. At that time a new license shall be issued in the name of the new
establishment, providing that the requirements for licenses as established herein are met. |
|
|
| § 17- 29- 306 |
Renewal |
| (a) |
Every
license holder under the provisions of this subchapter who wishes to continue the practice
of the science of embalming or the business of funeral directing, or both, shall pay to
the secretary-treasurer of the board on or before January 31 of each year a renewal fee.
Certificates not renewed by January 31 of any year shall be considered delinquent. Any
person in arrears more than three (3) years shall make application to the board and appear
before the board at a regular meeting to be eligible for renewal of license. |
| (b) |
Renewal of
all funeral establishment licenses shall be made on or before January 31 of each year and
shall be accompanied by the annual renewal fee prescribed in § 17-29-208. Licenses not
renewed by January 31 of any year shall be considered delinquent and constitute grounds
for disciplinary action by the board. |
| (c) |
Failure to
receive the renewal notice shall not relieve the licensee or establishment of the duty to
pay the renewal fee as prescribed. |
|
|
|
| § 17- 29- 307 |
Revocation |
| (a) |
The board
may refuse to renew, or may suspend or revoke, a license issued under this subchapter if
it finds, after hearing, that the funeral establishment does not meet any one (1) or all
of the requirements set forth in this subchapter or subchapter 2 of this chapter. |
| (b) |
No new
license shall be issued to the owner of a funeral establishment or to a corporation
controlled by that owner for one (1) year after the revocation of the license. |
| (c) |
Before any
action can be taken under this section, the procedure for notice and hearing prescribed by
the Arkansas Administrative Procedure Act, as amended, § 25-15-201 et seq., shall be
followed. |
|
|
|
| § 17- 29- 308 |
Grandfather
Clause |
| Any person
currently holding an embalmer's license or a funeral director's license or any funeral
establishment holding a license on March 3, 1983, shall not be required to make
application for, or submit to, an examination, but shall be entitled to a renewal of such
license, upon the same terms and conditions as are herein provided for the renewal of
licenses of those who may be licensed after March 3, 1983, and such rules and regulations
as the board may adopt in pursuance of this subchapter and subchapter 2 of this chapter. |
|
|
| § 17- 29- 309 |
Retired
Embalmers or Funeral Directors |
| The board
shall have the power to adopt appropriate rules and regulations regarding the issuance and
renewal of license to individuals who shall have retired from the active practice of
embalming or funeral directing based upon the age of the individuals or years of
licensure. |
|
|
| § 17- 29- 310 |
License
Requirements for Out-of-State Licenses |
| (a) |
Any person
holding a valid, unrevoked, and unexpired license as an embalmer or funeral director in
another State, U.S. Territory or Provincial Authority, may apply for a license to practice
in this state as an embalmer or funeral director, or both. Application shall be made by
filing with the Secretary-Treasurer of the Board a certified statement from the Secretary
of the examining board of the State, U.S. Territory or Provincial autority in which the
applicant holds his or her license showing the basis upon which the license was issued.
Upon receipt of the application, the Secretary-Treasurer of the Board may issue temporary
working numbers which are valid for one year from the date of issuance. To obtain a
license, the applicant shall pass an exam to prove his/her proficiency, including at
least, but not limited to, knowledge of the laws, rules and regulations of this State
pertaining to funeral service. The exam may be taken at one of the regularly scheduled
testing sessions set by the Board. If the Board is satisfied with the proficiency of the
applicant, upon receipt of the prescribed fees in 17-29-208, a license may be granted.
Failure to meet testing requirements shall result in revocation of the temporary working
numbers and the applicant must reapply and pay the appropriate fee. |
