Delaware Code Title 24 Sec. 3105 – Powers and duties
(a) The Board of Funeral Services shall have the authority to do all of the following:
(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act of this State (Chapter 101 of Title 29). Each rule or regulation shall implement or clarify a specific section of this chapter.
(2) Designate the application form to be used by all applicants and process all applications.
(3) Designate the written, standardized examination on funeral services, prepared by an independent testing service, recognized by the Conference of Funeral Service Examining Boards, or its successor, and approved by the Division. The examination shall be taken by all persons applying for licensure, except those applicants who qualify for licensure by reciprocity.
(4) Designate a written, validated examination, prepared by an independent testing service and approved by the Division, based solely on the laws of Delaware governing the professional of funeral services. The Division shall administer the state examination.
(5) Provide for the administration of examinations, including notice and information to applicants.
(6) Establish minimum education, training and experience requirements for licensure as funeral directors.
(7) Establish minimum requirements, and issue permits for funeral establishments that meet the requirements of § 3117 of this title.
(8) Evaluate the credentials of all persons or establishments applying for a license to practice funeral services in Delaware, in order to determine whether such persons or establishments meet the qualifications for licensing set forth in this chapter.
(9) Grant licenses to, and renew licenses of, all persons who meet the qualifications for licensure, and register persons who are fulfilling the licensure experience requirement under the personal supervision of a state-licensed funeral director.
(10) Establish by rule and regulation continuing education standards required for license renewal for those practitioners under 65 years of age, provided that, in establishing rules for continuing funeral services education, the Board shall consider potential economic hardship on single practitioners and other licensees, and shall not impose rules that are likely to place undue economic hardship on licensees. License renewal shall not consist of, nor be dependent upon, retesting for those practitioners under 65 years of age, provided that, in establishing rules for continuing funeral services education, the Board shall consider potential economic hardship on single practitioners and other licensees, and shall not impose rules that are likely to place undue economic hardship on licensees.
(11) Evaluate certified records to determine whether an applicant for licensure, who previously has been licensed, certified or registered in another jurisdiction to practice funeral services, has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses.
(12) Refer all complaints from licensees and the public concerning practitioners, or concerning practices of the Board or of the profession, to the Division for investigation pursuant to § 8735 of Title 29, and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint.
(13) Conduct hearings and issue orders in accordance with procedures established pursuant to this chapter, Chapter 101 of Title 29, and § 8735 of Title 29. Where such provisions conflict with this chapter, this chapter shall govern. The Board shall determine whether a practitioner shall be subject to a disciplinary hearing and, if so, shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act.
(14) Where it has been determined, after a disciplinary hearing, that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed.
(15) Adopt and implement an inspection program for funeral establishments and crematoriums. Through the inspection program, the Board shall have the authority to:
a. Review all licenses for accuracy and refer any inaccuracies to the appropriate agencies for investigation and resolution.
b. Send written notification to any individual or entity who is in violation of any of the licensing regulations of the State, as an initial warning. If the violation is not corrected, it may be forwarded to the appropriate agencies for investigation and resolution.
(16) Regulate cremation and crematoriums.
Terms Used In Delaware Code Title 24 Sec. 3105
- 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.
- Board: shall mean the State Board of Funeral Services established in this chapter. See Delaware Code Title 24 Sec. 3101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Cremation: shall mean the process of burning human remains to ashes. See Delaware Code Title 24 Sec. 3101
- Dependent: A person dependent for support upon another.
- Division: shall mean the State Division of Professional Regulation. See Delaware Code Title 24 Sec. 3101
- Funeral director: shall mean a person engaged in the care of human remains or in the disinfecting and preparing by embalming of human remains for the funeral service, transportation, burial, entombment or cremation, and who shall file all death certificates or permits as required by Chapter 31 of Title 16. See Delaware Code Title 24 Sec. 3101
- Funeral services: shall mean those services rendered for the disinfecting, embalming, burial, entombment or cremation of human remains, including the sale of those goods and services usual to arranging and directing funeral services. See Delaware Code Title 24 Sec. 3101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Practitioner: shall mean a funeral director. See Delaware Code Title 24 Sec. 3101
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the provision of funeral services. See Delaware Code Title 24 Sec. 3101
(b) The Board of Funeral Services shall promulgate regulations specifically identifying those crimes which are substantially related to the provision of funeral services.
66 Del. Laws, c. 225, § ?1; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 460, § ?1; 72 Del. Laws, c. 209, §§ ?6-10; 74 Del. Laws, c. 262, § ?65; 80 Del. Laws, c. 194, § ?1;