24 DE Code § 3112. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 31. Funeral Services|Subchapter II. License and Registration; Limited License; Establishment Permit|§ 3112. Grounds for discipline.

§ 3112. Grounds for discipline. (a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 3114 of this title, if, after a hearing, the Board finds 1 or more of the following:  (1) The funeral director has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a funeral director, impersonated another person holding a license or allowed another person to use that practitioner's license, or aided or abetted a person not licensed as a funeral director to represent himself or herself as a funeral director. (2) The funeral director has illegally, incompetently, or negligently practiced funeral services. (3) The funeral director has been convicted of a crime that is substantially related to the provision of funeral services or any offense which would limit the ability of the practitioner to carry out the practitioner's professional duties with due regard for the health and safety of the public. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence of the conviction. (4) The funeral director has used or abused drugs either in the past or currently. For the purposes of this subsection, “excessive use or abuse of drugs” shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the practitioner's ability to perform the work of a funeral director. (5) The funeral director has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities. (6) The funeral director has violated a lawful provision of this chapter, or any lawful regulation established under this chapter. (7) The practitioner's license as a funeral director was suspended or revoked, or other disciplinary action was taken by the appropriate licensing authority in another jurisdiction, provided that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a funeral director in this State shall be deemed to have given consent to the release of this information by the Board or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses. (8) Failed to notify the Board that the practitioner, in his or her capacity as a funeral director in another state, has been subjected to discipline, or the practitioner's license as a funeral director in another state has been surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension, or revocation shall be conclusive evidence thereof. (9) A physical condition such that the performance of funeral services is or may be injurious or prejudicial to the public. (10) Has solicited a customer or potential customer to grant a power of attorney to the funeral director or a business associate, employee, or family member of the funeral director, or to make any of the foregoing an heir of the customer or potential customer. (b) Where a practitioner fails to comply with the Board's request that the practitioner attend a hearing, the Board may petition the Superior Court to order such attendance, and the Court or any judge assigned thereto shall have the jurisdiction to issue such order. (c) Subject to this chapter and subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended, or revoked by the Board, and no practitioner's right to practice funeral services shall be limited by the Board, until such practitioner has been given notice and an opportunity to be heard in accordance with the Administrative Procedures Act. 66 Del. Laws, c. 225, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 460, §  1;  72 Del. Laws, c. 209, §§  17, 18;  74 Del. Laws, c. 262, §  67;  75 Del. Laws, c. 238, §  1;  80 Del. Laws, c. 194, §  2;