(1)  There is created the Board of Funeral Service consisting of:

Terms Used In Utah Code 58-9-201

  • Board: means the Board of Funeral Service created in Section 58-9-201. See Utah Code 58-9-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Funeral service: means a service, rite, or ceremony performed:
(a) with respect to the death of a human; and
(b) with the body of the deceased present. 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
  • Preneed funeral arrangement: means a written or oral agreement sold in advance of the death of the beneficiary under which a person agrees with a buyer to provide at the death of the beneficiary any of the following as are typically provided in connection with a disposition:
    (i) goods;
    (ii) services, including:
    (A) embalming services; and
    (B) funeral directing services;
    (iii) real property; or
    (iv) personal property, including:
    (A) a casket;
    (B) another primary container;
    (C) a cremation, alkaline hydrolysis, or transportation container;
    (D) an outer burial container;
    (E) a vault;
    (F) a grave liner;
    (G) funeral clothing and accessories;
    (H) a monument;
    (I) a grave marker; and
    (J) a cremation or alkaline hydrolysis urn. See Utah Code 58-9-102
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Sales agent: means an individual licensed under this chapter as a preneed funeral arrangement sales agent. See Utah Code 58-9-102
  • Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-9-502. See Utah Code 58-9-102
  • (a)  four funeral service directors who own, have an ownership interest in, or have management responsibilities for a funeral service establishment;

    (b)  one preneed funeral arrangement sales agent, who does not have an ownership interest in a funeral service establishment; and

    (c)  two members from the general public who have no association with the funeral service profession.

    (2)  The board shall be appointed and serve in accordance with Section 58-1-201.

    (3) 

    (a)  The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203.

    (b)  The board shall designate one of its members on a permanent or rotating basis to:

    (i)  assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and

    (ii)  advise the division in its investigation of these complaints.

    (4)  A board member who has, under Subsection (3), reviewed a complaint or advised the division in its investigation may be disqualified from participating with the board when the board serves as a presiding officer of an administrative proceeding concerning the complaint.

    Amended by Chapter 144, 2007 General Session