UNITED STATES OF AMERICA

BEFORE FEDERAL TRADE COMMISSION

________________________________________________

)

In the Matter of )

)

VIRGINIA BOARD OF FUNERAL DIRECTORS ) File No. 041-0014

AND EMBALMERS. ) 

)

________________________________________________)

AGREEMENT CONTAINING CONSENT ORDER

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

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

(the “Board”), and it now appearing that the Board, hereinafter sometimes referred to as

“Proposed Respondent,” 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:

IT IS HEREBY AGREED by and between Proposed Respondent, by its duly

authorized officers and attorneys, and counsel for the Commission that:

1. Proposed Respondent, Virginia Board of Funeral Directors and Embalmers, is an

industry regulatory board established by the Commonwealth of Virginia with its

principal office and place of business located at 6603 West Broad St., 5th Fl.

Richmond, VA 23230-1712.

2. Proposed Respondent admits all the jurisdictional facts set forth in the draft of

Complaint here attached.

3. Proposed 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
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(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 of 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 Proposed 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 Proposed

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

§ 4.4(a) (2004), shall constitute service. Proposed 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. Proposed Respondent has read the draft of Complaint and Decision and Order

contemplated hereby. By signing this Consent Agreement, Proposed Respondent

represents that the full relief contemplated by this Consent Agreement can be

accomplished. Proposed Respondent understands that once the Decision and

Order has been issued, it will be required to file one or more compliance reports
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showing that it has fully complied with the Decision and Order. Proposed

Respondent agrees to comply with the terms of the Decision and Order from the

date it signs this Consent Order. Proposed 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.

Signed this ____ day of ____ 2004

Virginia Board of Funeral Directors and

Embalmers.

By: 

______________________

J. Michael Williams

President

Virginia Board of Funeral

Directors and Embalmers

_______________________

Jack Kotvas,

Assistant Attorney General

Counsel for the Virginia Board

of Funeral Directors and

Embalmers

Federal Trade Commission

By:

______________________

Robert Davis

Attorney

Bureau of Competition

Approved:

______________________

Patrick J. Roach

Deputy Assistant Director

Bureau of Competition

______________________

Bruce D. Hoffman

Deputy Director

Bureau of Competition

______________________

Susan A. Creighton

Director

 Bureau of Competition