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:

Terms Used In Arizona Laws 32-1390.01

  • Department: means the department of health services. See Arizona Laws 32-1301
  • Director: means the director of the department. 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
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • 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.

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.

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