A. The department shall conduct an investigation when it receives a written complaint that appears to show the existence of any grounds for disciplinary action under this chapter or rules adopted pursuant to this chapter.

Terms Used In Arizona Laws 32-1367

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Alkaline hydrolysis: means a form of final disposition that includes all of the following:

    (a) Reducing a dead human body to essential elements through a water-based dissolution process using alkaline chemicals, heat, agitation and pressure to accelerate natural decomposition. See Arizona Laws 32-1301

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Crematory: means a building or portion of a building that is licensed pursuant to article 6 of this chapter and that houses a retort in which only human remains are cremated. See Arizona Laws 32-1301
  • Department: means the department of health services. See Arizona Laws 32-1301
  • Disciplinary action: means an action taken to revoke or suspend a license, to impose probationary requirements or civil penalties or to issue a letter of censure or reprimand to any person who is subject to this chapter and who violates any provision of this chapter or rules. See Arizona Laws 32-1301
  • 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 establishment: means a business at a specific location that is licensed pursuant to this chapter and that is devoted to the care, storage or preparation for final disposition or transportation of dead human bodies. See Arizona Laws 32-1301
  • License: means a written authorization that is issued by the department and that entitles a person to act as a funeral director or embalmer or to operate a funeral establishment, crematory or alkaline hydrolysis facility in this state. See Arizona Laws 32-1301
  • Licensee: means a person to whom the department has issued a license under this chapter. See Arizona Laws 32-1301
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

B. The department on its own initiative may investigate any information that appears to show the existence of any grounds for disciplinary action under this chapter or rules adopted pursuant to this chapter.

C. If it appears after an initial investigation that grounds for disciplinary action may exist, the department may either request an informal interview with the licensee or may issue a notice of a formal hearing. If the initial investigation indicates that suspension other than a temporary suspension imposed pursuant to subsection D of this section or revocation of a license or endorsement may be warranted, the department shall schedule a formal hearing pursuant to Title 41, Chapter 6, Article 10.

D. After completing an informal interview, the department may take any or all of the following disciplinary actions:

1. Issue a letter of censure or reprimand.

2. Impose probationary terms as the department deems necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee. Probationary terms imposed pursuant to this paragraph may include temporary suspension of a license or endorsement for a period of not more than thirty days, restriction of the licensee’s right to practice pursuant to this chapter and a requirement that restitution be made to any funeral service consumer or other person who was injured by a violation of this chapter or rules adopted pursuant to this chapter. A licensee’s failure to comply with any probationary terms imposed pursuant to this paragraph is cause for the department to consider the entire case against the licensee and any other alleged violations of this chapter at a formal hearing.

3. Impose a civil penalty of not more than $1,000 for each violation.

E. After completing a formal hearing, the department may take any or all of the following disciplinary actions:

1. Issue a letter of censure or reprimand.

2. Impose probationary terms as the department deems necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee. Probationary terms imposed pursuant to this paragraph may include a requirement that restitution be made to any funeral service customer or other person who was injured by a violation of this chapter or rules adopted pursuant to this chapter.

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

4. Suspend a license or endorsement for not more than ninety days for a first offense and not more than one hundred eighty days for a second offense.

5. Revoke a license or endorsement.

F. If, as a result of information ascertained during an investigation, informal interview or formal hearing, the department determines that an alleged violation of this chapter or rules adopted pursuant to this chapter is not sufficiently serious to warrant disciplinary action, the department may issue a letter of concern to the licensee. The letter of concern shall advise the licensee of the possible violation.

G. If a licensee refuses to participate in an informal interview or a formal hearing, the department may take any or all of the disciplinary actions listed in subsections D and E of this section.

H. Before the department may revoke or suspend a license or endorsement, other than a temporary suspension imposed pursuant to subsection D of this section, the department shall serve notice and conduct a hearing in the manner prescribed in Title 41, Chapter 6, article 10.

I. After service of notice of a decision of the department suspending or revoking a license or endorsement or imposing a disciplinary action on a licensee pursuant to subsection D or E of this section, a licensee may apply for a rehearing or review by filing a motion pursuant to Title 41, Chapter 6, Article 10. The filing of a motion for a rehearing or review suspends the operation of the department’s decision to impose a disciplinary action and allows the licensee to continue to practice pending a denial or granting of the petition and pending the decision of the department on rehearing if a rehearing is granted. The department also may grant a rehearing on its own motion if it finds newly discovered evidence or for any other reason that justifies a reconsideration of a matter.

J. Except as provided in Section 41-1092.08, subsection H, any party who is aggrieved by a final order or decision of the department may appeal to the superior court pursuant to Title 12, Chapter 7, Article 6.

K. All notices that the department is required to provide to any person under this chapter are fully effective by personal service or by mailing a copy of the notice by certified mail addressed to the person’s last known address of record in the department’s files. Notice by mail is complete at the time of its deposit in the mail.

L. In addition to the requirements of subsection K of this section, a funeral establishment or crematory shall file a notice with the department identifying the person on whom the department’s notices relating to the funeral establishment or crematory shall be served.

M. In addition to the authority given to the department in this section, the department may impose probationary terms as described in subsection D, paragraph 2 of this section after the department inspects a funeral establishment, crematory or alkaline hydrolysis facility if the department deems the probationary terms necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee.

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