| Subchapter
4 |
Embalmers
and Funeral Directors Law - Enforcement |
| §
17- 29- 401 |
Criminal
Penalties |
| Any person
who, after February 28, 1985, practices the science of embalming, engages in the business
of funeral directing, or conducts, maintains, manages, or operates a funeral establishment
without a license issued under any provision of subchapters 2 and 3 of this chapter shall
be guilty of a Class A misdemeanor and subject to the punishment prescribed for Class A
misdemeanors in the Arkansas Criminal Code as now or hereafter amended. |
|
|
| §
17- 29- 402 |
Injunctions |
| Without
posting bond, the State Board of Embalmers and Funeral Directors may petition the chancery
court of the county where the violation occurred to enjoin violations of subchapters 2 and
3 of this chapter, or board regulations promulgated thereunder. |
|
|
| §
17- 29- 403 |
Civil
Penalties - Attorney's Fees - Code of Conduct |
| (a) |
Whenever
the State Board of Embalmers and Funeral Directors, after a hearing conducted in
accordance with the Arkansas Administrative Procedure Act, as amended, § 25-15-201 et
seq., determines that a person has violated any provision of subchapters 2 and 3 of this
chapter, or any regulations promulgated by the board pursuant thereto, the board
may impose a civil penalty on such person not to exceed ten thousand dollars
($10,000). |
| (b) |
If a
person against whom a civil penalty has been imposed by the board fails to pay the
penalty, the board may file an action in the Circuit Court of Pulaski County to collect
the civil penalty. |
| (c) |
If the
board prevails in the action, the defendant shall be directed to pay, in addition to the
civil penalty, reasonable attorney's fees and costs incurred by the board in prosecuting
the action. |
| (d) |
Upon
determination by the board that a licensee has committed malpractice, the board may
suspend or revoke the license or impose the civil penalty provided in subsection (a) of
this section or impose the civil penalty in addition to the suspension or revocation.
Furthermore, the board may promulgate a code of conduct for its licensees, the violation
of which may result in the imposition of the penalties prescribed in this subsection. |
|
|
|
| §
17- 29- 404 |
Civil Appeals |
| Any person
aggrieved by the action of the State Board of Embalmers and Funeral Directors imposing
civil penalties may appeal such decision in the manner and under the procedure prescribed
in the Arkansas Administrative Procedure Act, as amended, § 25-15-201 et seq., for
appeals from administrative decisions. |
|
|
| §
17- 29- 405 |
Deposit and
Distribution of Funds |
| All funds
derived from civil penalties imposed by the State Board of Embalmers and Funeral Directors
shall be deposited in one (1) or more depositories qualifying for the deposit of public
funds. These funds shall be used by the board for administering the provisions of
subchapters 2 and 3 of this chapter. |
