Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Funeral service: means a service, rite, or ceremony performed:
Funeral service director: means an individual licensed under this chapter who may engage in all lawful professional activities regulated and defined under the practice of funeral service. See Utah Code 58-9-102
Funeral service establishment: includes :
(i)
all portions of the business premises and all tools, instruments, and supplies used in the preparation and embalming of dead human bodies for burial, cremation, alkaline hydrolysis, and final disposition as defined by division rule; and
(ii)
a facility used by the business in which funeral services may be conducted. See Utah Code 58-9-102
Funeral service intern: means an individual licensed under this chapter who is permitted to:
(a)
assist a funeral service director in the embalming or other preparation of a dead human body for disposition;
(b)
assist a funeral service director in the cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or its remains; and
(c)
perform other funeral service activities under the supervision of a funeral service director. See Utah Code 58-9-102
The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule.
(b)
The division may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles it administers.
(2)
Notwithstanding Subsection (1), a person who has once held a license as a funeral service intern and has not qualified for licensure as a funeral service director may be issued a subsequent funeral service intern license for only one additional two-year term upon the specific approval of the division in collaboration with the board.
(3)
At the time of renewal, the funeral service director licensee shall show satisfactory evidence of completion of continuing education as required under Section 58-9-304.
(4)
Each license automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.
(5)
(a)
Except as otherwise provided in Subsections (5)(b) and (c), the division may take action against the license of a funeral service establishment that does not have a licensed funeral service director.
(b)
If a licensed funeral service director dies and leaves the funeral service establishment as part of the assets of the funeral service director’s estate:
(i)
the personal representative of the funeral service director’s estate may operate the funeral service establishment under the license, or renewals of the license, for not more than two years from the date of the funeral service director’s death without meeting the qualifications of an applicant and without having a licensed funeral service director; but
(ii)
Subsection (5)(b)(i) does not allow an unlicensed person to perform a function that requires performance by a funeral service director licensed under this chapter.
(c)
If the funeral service director of a licensed funeral service establishment terminates employment with the establishment, the establishment has 90 days to hire a new licensed funeral service director before action may be taken against the license under Subsection (5)(a).
