reglab/housing_qa huggingface dataset:
UT Code § 58-9-201 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 2 - Board|Section 201 - Board.

58-9-201. Board.    (1) There is created the Board of Funeral Service consisting of:   (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
UT Code § 58-9-301 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 3 - Licensing|Section 301 - Licensure required -- License classifications.

58-9-301. Licensure required -- License classifications.    (1) A license is required to engage in the practice of funeral service, except as specifically provided in Sections 58-1-307 and 58-9-305.     (2) The division shall issue to a person who qualifies under this chapter a license in the classification of:   (a) funeral service director;     (b) funeral service intern;     (c) funeral service establishment; or     (d) preneed funeral arrangement sales agent.      Amended by Chapter 144, 2007 General Session
UT Code § 58-9-303 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 3 - Licensing|Section 303 - Term of license -- Expiration -- Renewal.

58-9-303. Term of license -- Expiration -- Renewal.    (1)   (a) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule.     (b) The division may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles it administers.       (2) Notwithstanding Subsection (1), a person who has once held a license as a funeral service intern and has not qualified for licensure as a funeral service director may be issued a subsequent funeral service intern license for only one additional two-year term upon the specific approval of the division in collaboration with the board.     (3) At the time of renewal, the funeral service director licensee shall show satisfactory evidence of completion of continuing education as required under Section 58-9-304.     (4) Each license automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section 58-1-308.     (5)   (a) Except as otherwise provided in Subsections (5)(b) and (c), the division may take action against the license of a funeral service establishment that does not have a licensed funeral service director.     (b) If a licensed funeral service director dies and leaves the funeral service establishment as part of the assets of the funeral service director's estate:   (i) the personal representative of the funeral service director's estate may operate the funeral service establishment under the license, or renewals of the license, for not more than two years from the date of the funeral service director's death without meeting the qualifications of an applicant and without having a licensed funeral service director; but     (ii) Subsection (5)(b)(i) does not allow an unlicensed person to perform a function that requires performance by a funeral service director licensed under this chapter.       (c) If the funeral service director of a licensed funeral service establishment terminates employment with the establishment, the establishment has 90 days to hire a new licensed funeral service director before action may be taken against the license under Subsection (5)(a).      Amended by Chapter 144, 2007 General Session
UT Code § 58-9-304 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 3 - Licensing|Section 304 - Continuing education.

58-9-304. Continuing education.    (1) As a condition precedent for license renewal, each funeral service director shall, during each two-year licensure cycle or other cycle defined by rule, complete 20 hours of qualified continuing professional education in accordance with standards defined by rule.     (2) If a renewal cycle is extended or shortened under Section 58-9-303, the continuing education hours required for license renewal under this section shall be increased or decreased proportionally.    Enacted by Chapter 49, 2003 General Session
UT Code § 58-9-305 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 3 - Licensing|Section 305 - Exemptions from licensure.

58-9-305. Exemptions from licensure.  In addition to the exemptions from licensure in Section 58-1-307, a person may engage in the following acts included within the definition of the practice of funeral service, subject to the stated circumstances and limitations, without being licensed under this chapter:  (1) transportation of a dead human body in accordance with other applicable state and federal laws;     (2) ambulance or other emergency transportation of a dead human body;     (3) the sale of any of the following that is delivered to the buyer or the buyer's designee within 90 days after the day of the sale:   (a) funeral merchandise;     (b) headstones; or     (c) other memorial merchandise;       (4) the performance of funeral, graveside, or memorial services by:   (a) a member of the clergy;     (b) a member of the decedent's family; or     (c) any other recognized individual;       (5) assisting a Utah licensed funeral service director regarding disasters or special emergencies by individuals licensed in other states as funeral service directors or embalmers;     (6) activities of an unlicensed individual employed by a funeral service establishment involving arrangement for a funeral service or the sale of funeral merchandise if the binding contract is reviewed, approved, and signed in behalf of the funeral service establishment by a licensed funeral service director; and     (7) nonprofessional tasks or activities which:   (a) do not require independent professional judgment; and     (b) are required of persons employed by a funeral service establishment under the supervision of a funeral service director.      Amended by Chapter 144, 2007 General Session
UT Code § 58-9-306 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 3 - Licensing|Section 306 - License by endorsement.

58-9-306. License by endorsement.  The division may issue a license by endorsement under this chapter to a person who:  (1) provides documentation that the funeral service director's current licensure is active, in good standing, and free from any disciplinary action;     (2) submits an application on a form provided by the division;     (3) pays a fee determined by the department;     (4) is of good moral character in that the person has not been convicted of:   (a) a first or second degree felony;     (b) a misdemeanor involving moral turpitude; or     (c) any other crime that when considered with the duties and responsibilities of the license for which the person is applying is considered by the division and the board to indicate that the best interests of the public are not served by granting the applicant a license;       (5) has completed five years of lawful and active practice as a licensed funeral service director and embalmer within the 10 years immediately preceding the application for licensure by endorsement;     (6) has passed a national examination determined by the division; and     (7) has demonstrated competency of the laws and the rules of the state as determined by the division.    Amended by Chapter 144, 2007 General Session
UT Code § 58-9-307 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 3 - Licensing|Section 307 - Supervision of funeral service intern.

58-9-307. Supervision of funeral service intern.    (1) A person seeking licensure as a funeral service intern shall submit as a part of the application for a license:   (a) the name of the licensed funeral service director who has agreed to supervise all duties performed by the applicant as an intern; and     (b) the name of the licensed funeral service establishment at which the training and supervision shall take place.       (2) A licensed funeral service director may supervise only one licensed funeral service intern at one time.     (3)   (a) Within 30 days after the day on which the supervisor-supervisee relationship between a licensed funeral service director and a licensed funeral service intern terminates, the funeral service director shall furnish to the division a report of the performance of the funeral service intern.     (b) The report shall be in form and content as prescribed by the division.       (4)   (a) A licensed funeral service intern shall notify the division of any change in the intern's supervising funeral service director.      (b) The supervising funeral service director shall submit to the division, in accordance with Subsection (3), a report of the funeral service intern's performance.       (5) The licensed funeral service director is responsible for supervision of all of the duties and functions performed by the funeral service intern throughout the entire internship period.    Amended by Chapter 144, 2007 General Session
UT Code § 58-9-401 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 4 - License Denial and Discipline|Section 401 - Grounds for denial of license -- Disciplinary proceedings.

58-9-401. Grounds for denial of license -- Disciplinary proceedings.  Grounds for refusing to issue a license to an applicant, for refusing to renew the license of a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.  Enacted by Chapter 49, 2003 General Session
UT Code § 58-9-501 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 5 - Unlawful and Unprofessional Conduct - Penalties|Section 501 - Unlawful conduct.

58-9-501. Unlawful conduct.  "Unlawful conduct" includes:  (1) doing any of the following to prepare a dead human body for disposition unless licensed as a funeral service director or a funeral service intern:   (a) embalming;     (b) calcinating;     (c) pulverizing;     (d) cremating; or     (e) using any method that invades a dead human body;       (2) using the title "funeral service director," "funeral service intern," "preneed funeral service sales agent," or "funeral service establishment" unless licensed under this chapter;     (3) engaging in, providing, or agreeing to provide funeral arrangements to be provided under a preneed funeral arrangement without first obtaining a license as a funeral service establishment under this chapter;     (4) engaging in selling, representing for sale, or in any other way offering to sell any contract under which preneed funeral arrangements are to be provided without first obtaining a license under this chapter as:   (a) a preneed funeral arrangement sales agent; or     (b) a funeral service director; and       (5) failing to comply with Section 58-9-702.    Amended by Chapter 144, 2007 General Session
UT Code § 58-9-502 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 5 - Unlawful and Unprofessional Conduct - Penalties|Section 502 - Unprofessional conduct.

58-9-502. Unprofessional conduct.    (1) "Unprofessional conduct" includes:   (a) the failure of a funeral service director to accurately document, report, and supervise the activities of a funeral service intern;     (b) knowingly soliciting the sale of any funeral service or funeral merchandise for a person whose death occurred or was imminent prior to the solicitation;     (c) paying or offering to pay a commission or anything of value to secure deceased human remains for a funeral service or disposition to:   (i) medical personnel;     (ii) a nursing home;     (iii) a nursing home employee;     (iv) a hospice;     (v) a hospice employee;     (vi) clergy;     (vii) a government official; or     (viii) any other third party; and       (d) failure to provide the following current information to the division:   (i) a licensee's business address;     (ii) a licensee's primary residence;     (iii) a funeral service establishment's funeral service director; or     (iv) a supervising funeral service director's funeral service intern's name.         (2) "Unprofessional conduct" does not include:   (a) general advertising directed to the public at large; or     (b) responding to a notification of death from:   (i) medical personnel;     (ii) a nursing home;     (iii) a nursing home employee;     (iv) a hospice;     (v) a hospice employee;     (vi) clergy;     (vii) a government official; or     (viii) any authorized representative of the family of the deceased person.        Amended by Chapter 144, 2007 General Session
UT Code § 58-9-503 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 5 - Unlawful and Unprofessional Conduct - Penalties|Section 503 - Penalty for unlawful conduct.

58-9-503. Penalty for unlawful conduct.    (1) A person who violates the unlawful conduct provisions defined in Subsections 58-9-501(1) through (4) is guilty of a class A misdemeanor.     (2) A person who violates the unlawful conduct provision defined in Subsection 58-9-501(5) may be prosecuted under Title 76, Chapter 6, Part 4, Theft.    Amended by Chapter 144, 2007 General Session
UT Code § 58-9-504 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 5 - Unlawful and Unprofessional Conduct - Penalties|Section 504 - Authority to promulgate rules.

58-9-504. Authority to promulgate rules.  In addition to the authority granted under Section 58-1-106, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division in collaboration with the board shall establish by rule:  (1) the minimum requirements for a licensed funeral establishment for the following:   (a) physical facilities;     (b) equipment;     (c) instruments; and     (d) supplies;       (2) license cycles under Section 58-9-303;     (3) standards to protect the interests of buyers and potential buyers of preneed funeral arrangements under Section 58-9-701; and     (4) standards for preneed funeral arrangement trusts.    Amended by Chapter 382, 2008 General Session
UT Code § 58-9-505 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 5 - Unlawful and Unprofessional Conduct - Penalties|Section 505 - Disclosure requirements.

58-9-505. Disclosure requirements.  A licensee under this chapter shall disclose information in accordance with regulations of the Federal Trade Commission and rules adopted by the division pursuant to this chapter.  Enacted by Chapter 49, 2003 General Session
UT Code § 58-9-506 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 5 - Unlawful and Unprofessional Conduct - Penalties|Section 506 - Inspection -- Right to access.

58-9-506. Inspection -- Right to access.  A licensed funeral service establishment is subject to inspection during normal business hours to determine compliance with the laws of Utah by:  (1) any authorized representative of the division; or     (2) any authorized representative of a local or state health department.    Enacted by Chapter 49, 2003 General Session
UT Code § 58-9-601 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 6 - Control of Disposition|Section 601 - Advance directions.

 Effective 5/8/2018  58-9-601. Advance directions.    (1) A person may provide written directions, acknowledged before a notary public or executed with the same formalities required of a will under Section 75-2-502, to direct the preparation, type, and place of the person's disposition, including:   (a) designating a funeral service establishment;     (b) providing directions for burial arrangements;     (c) providing directions for cremation arrangements; or     (d) providing directions for alkaline hydrolysis arrangements.       (2) A funeral service director shall carry out the written directions of the decedent prepared under this section to the extent that:   (a) the directions are lawful; and     (b) the decedent has provided resources to carry out the directions.       (3) Directions for disposition contained in a will shall be carried out pursuant to Subsection (2) regardless of:   (a) the validity of other aspects of the will; or     (b) the fact that the will may not be offered or admitted to probate until a later date.       (4) A person may change or cancel written directions prepared under this section at any time prior to the person's death by providing written notice to all applicable persons, including:   (a) if the written directions designate a funeral service establishment or funeral service director, the funeral service establishment or funeral service director designated in the written directions; and     (b) if the written directions are contained in a will, the personal representative as defined in Section 75-1-201.      Amended by Chapter 326, 2018 General Session
UT Code § 58-9-603 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 6 - Control of Disposition|Section 603 - Loss of right of disposition.

58-9-603. Loss of right of disposition.    (1) As used in this section, "estranged" means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of affection, trust, and regard for the decedent.     (2) A person who has a right of disposition under this chapter forfeits that right and the right is passed on to the next qualifying person as listed in Section 58-9-602 under the following circumstances:   (a) the person is charged with first or second degree murder or voluntary manslaughter in connection with the decedent's death, and the charges are known by the funeral service director, except that if the charges against the person are dropped or if the person is acquitted of the charges, the right of disposition is returned to the person;     (b) the person does not exercise the person's right of disposition within three days of notification of the decedent's death or within five days of the decedent's death, whichever is earlier; or     (c) if a probate court under Section 58-9-605 determines that the person entitled to the right of disposition and the decedent were estranged at the time of death.      Repealed and Re-enacted by Chapter 144, 2007 General Session
UT Code § 58-9-604 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 6 - Control of Disposition|Section 604 - Control by funeral service director.

58-9-604. Control by funeral service director.  A funeral service director may control the disposition of the decedent and recover reasonable charges if:  (1)   (a) the funeral service director has actual knowledge that none of the persons described in Section 58-9-602 exist; or     (b) after reasonable efforts the funeral service director is not able to contact any of the persons described in Section 58-9-602; and       (2) the appropriate public official charged with arranging the disposition of deceased persons fails to assume responsibility for disposition of the decedent within 36 hours after receiving written notice from the funeral service director.    Enacted by Chapter 49, 2003 General Session
UT Code § 58-9-606 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 9 - Funeral Services Licensing Act|Part 6 - Control of Disposition|Section 606 - Right to rely -- Immunity.

 Effective 5/8/2018  58-9-606. Right to rely -- Immunity.    (1) A person signing a funeral service agreement, cremation authorization form, alkaline hydrolysis authorization form, or other authorization for a decedent's disposition warrants the truthfulness of the facts set forth in the document, including the identity of the decedent and the person's authority to order the disposition.     (2) A funeral service establishment has the right to rely on a contract or authorization executed under Subsection (1) and may carry out the instructions of the person whom its funeral service director reasonably believes holds the right of disposition.     (3) A funeral service director incurs no civil or criminal liability for failure to contact or independently investigate the existence of any next-of-kin or relative of the decedent.     (4) If there are at least two persons in the nearest class of the next-of-kin who are equal in priority and a funeral service director has no knowledge of an objection by other members of the class, the funeral service director may rely on and act according to the instructions of the first person in the class to make funeral and disposition arrangements.     (5) A funeral service establishment or funeral service director who relies in good faith on the instructions of a person claiming the right of disposition under this part is immune from civil and criminal liability and disciplinary action in carrying out the disposition of a decedent's remains in accordance with that person's instructions.    Amended by Chapter 326, 2018 General Session