061 0026 

UNITED STATES OF AMERICA 

BEFORE FEDERAL TRADE COMMISSION 

In the Matter of 

Docket No. _____ MISSOURI BOARD OF EMBALMERS AND 

FUNERAL DIRECTORS

AGREEMENT CONTAINING CONSENT ORDER 

The Federal Trade Commission (“Commission”), having initiated an investigation of 

certain acts and practices of the Missouri Board of Embalmers and Funeral Directors 

(“Respondent” or “the Board”), and it now appearing that the Board is willing to enter into an 

Agreement Containing Consent Order (“Consent Agreement”) to cease and desist from certain 

acts and practices, and providing for other relief with respect to such practices: 

IT IS HEREBY AGREED by and between Respondent, by its duly authorized officers and 

attorneys, and counsel for the Commission that: 

1. Respondent Missouri Board of Embalmers and Funeral Directors is an agency that has 

authority to license and regulate those persons in the businesses of embalming and funeral 

directing in Missouri and is organized, exists, and transacts business under and by virtue of the 

laws of the State of Missouri, with its principle office and place of business located at 3605 

Missouri Boulevard, Jefferson City, Missouri, 65102-0423. 

2. Respondent admits all the jurisdictional facts set forth in the draft Complaint here 

attached. 

3. Respondent waives: 

(a) any further procedural steps; 

(b) the requirement that the Commission’s Decision and Order, here attached 

and made a part hereof, contain a statement of findings of fact and 

conclusions of law; 

(c) all rights to seek judicial review or otherwise to challenge or contest the 

validity of the Order entered pursuant to this Consent Agreement; and 

(d) any claim under the Equal Access to Justice Act. 
4. This Consent Agreement shall not become part of the public record of the proceeding 

unless and until it is accepted by the Commission. If this Consent Agreement is accepted by the 

Commission it, together with the draft of Complaint contemplated thereby, will be placed on the 

public record for a period of thirty (30) days and information in respect thereto publicly released. 

The Commission thereafter may either withdraw its acceptance of this Consent Agreement and 

so notify Proposed Respondent, in which event it will take such action as it may consider 

appropriate, or issue and serve its Complaint (in such form as the circumstances may require) 

and Decision and Order, in disposition of the proceeding. 

5. This Consent Agreement is for settlement purposes only and does not constitute an 

admission by Proposed Respondent that the law has been violated as alleged in the draft 

Complaint here attached, or that the facts as alleged in the draft Complaint, other than 

jurisdictional facts, are true. 

6. This Consent Agreement contemplates that, if it is accepted by the Commission, and if 

such acceptance is not subsequently withdrawn by the Commission pursuant to the provisions of 

Commission Rule 2.34, 16 C.F.R. § 2.34 (2004), the Commission may, without further notice to 

Respondent, (1) issue and serve its Complaint corresponding in form and substance with the 

draft Complaint here attached, (2) issue and serve its Decision and Order to cease and desist in 

disposition of the proceeding, and (3) make information public in respect thereto. When final, 

the Decision and Order shall have the same force and effect and may be altered, modified or set 

aside in the same manner and within the same time provided by statute for other orders. The 

Decision and Order shall become final upon service. Delivery of the Complaint and Decision 

and Order to Respondent by any means specified in Commission Rule 4.4(a), 16 C.F.R. § 4.4(a) 

(2004), shall constitute service. Respondent waives any right it may have to any other manner of 

service. The Complaint may be used in construing the terms of the Decision and Order, and no 

agreement, understanding, representation, or interpretation not contained in the Decision and 

Order or the Consent Agreement may be used to vary or contradict the terms of the Decision and 

Order. 

7. Respondent has read the draft Complaint and Decision and Order contemplated hereby. 

By signing this Consent Agreement, Respondent represents that the full relief contemplated by 

this Consent Agreement can be accomplished. Respondent understands that once the Decision 

and Order has been issued, it will be required to file one or more compliance reports showing 

that it has fully complied with the Decision and Order. Respondent agrees to comply with the 

terms of the Decision and Order from the date it signs this Consent Agreement. Respondent 

further understands that it may be liable for civil penalties in the amount provided by law for 

each violation of the Decision and Order after it becomes final. 
______________________ 

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Signed this ____ day of ________ 2006: 

Missouri Board of Embalmers and 

Funeral Directors 

By: 

Kenneth McGhee 

Chairman 

Sharon K. Euler 

Assistant Attorney General 

Missouri Bar No. 42950 

Counsel for Missouri Board of Embalmers 

and Funeral Directors 

Jane Rackers 

Assistant Attorney General 

Missouri Bar No. Xxxxx 

Counsel for Missouri Board of Embalmers 

and Funeral Directors 

Signed this ____ day of ________ 2006: 

Federal Trade Commission 

Bureau of Competition 

By: 

Mark D.S. Peterson 

Grace Kwon 

Joel Christie 

Attorneys 

Bureau of Competition 

Approved: 

Sean Gates 

Deputy Assistant Director 

Bureau of Competition 

Geoffrey Oliver 

Assistant Director 

Bureau of Competition 

Kenneth L. Glazer 

Deputy Director 

Bureau of Competition 

Jeffrey Schmidt 

Director 

Bureau of Competition