(a) An applicant who is applying for licensure as a funeral director under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(1) Has graduated from an accredited high school, or its equivalent, and has received an Associate Degree or its equivalent in mortuary science, consisting of 60 credit hours, from a school fully accredited by the American Board of Funeral Services Education, or its successor.

(2) Has achieved the passing score, as established by an independent testing service, on the written, standardized examination on funeral services recognized by the Conference of Funeral Service Examining Boards, or its successor.

(3) Has achieved the passing score, as established by an independent testing service, on a written, validated examination based solely on the laws of Delaware governing the profession of funeral services. In conjunction with the independent testing service, said examination shall be administered by the Division, which shall have sole authority to contract for the validated examination.

(4) Has satisfactorily completed an internship in this state of 1 year‘s duration, under the auspices of a licensed Delaware funeral director. An applicant is responsible for arranging the internship. If, after contacting 20 firms, the applicant is unable to obtain an internship within 6 months, the applicant shall so stipulate in an affidavit presented to the Board. The Board shall determine whether the applicant has pursued a position as intern to the applicant’s fullest capability. The Board shall have 6 months from the date it receives the affidavit to place the applicant in an internship. If no position has been made available, the applicant shall be issued a license upon satisfaction of all other requirements for licensure.

(5) Shall not have been the recipient of any administrative penalties regarding the applicant’s practice of funeral services, including fines, formal reprimands, license suspensions or revocation other than for nonpayment of license renewal fees, and probationary limitations; and shall not have entered into any “consent agreements” which contain conditions placed by a board on the applicant’s professional conduct and practice, including any voluntary surrender of a license. The Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure.

(6) Shall not have any impairment related to drugs or alcohol or a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake the practice of funeral services in a manner consistent with the safety of the public.

(7) Shall not have a criminal conviction record, nor pending criminal charge relating to an offense that is substantially related to the practice of funeral services. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board. If after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(7).

a.-d. [Repealed.]

(8) Has provided such information as may be required on an application form designed and furnished by the Board and approved by the Division. No application form shall require a picture of the applicant, except where required for verification of identity for testing purposes; information relating to citizenship, place of birth, or length of state residence; or personal references. The applicant shall not be required to submit a police report as a condition of application for licensure or internship.

Terms Used In Delaware Code Title 24 Sec. 3107

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Division: shall mean the State Division of Professional Regulation. See Delaware Code Title 24 Sec. 3101
  • 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 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
  • Intern: shall mean a person, duly registered with the Board, engaged in training to become a licensed funeral director in this State under the direction and personal supervision of a state-licensed funeral director. See Delaware Code Title 24 Sec. 3101
  • Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 3101
  • Quorum: The number of legislators that must be present to do business.
  • 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
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302

(b) Where the Board has found to its satisfaction that an application has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.

(c) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification, imposed higher or different standards for that person than for other applicants or licensees, or, in some other manner, contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

(d) The Board shall not violate an applicant’s rights during the application and internship process for licensure as a funeral director in this State.

66 Del. Laws, c. 225, § ?1; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 460, § ?1; 72 Del. Laws, c. 209, §§ ?11-14; 74 Del. Laws, c. 262, § ?66; 75 Del. Laws, c. 436, § ?35; 77 Del. Laws, c. 199, § ?26; 78 Del. Laws, c. 44, §§ ?50, 51; 80 Del. Laws, c. 194, § ?2; 83 Del. Laws, c. 433, § 21;

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