Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 11 - STATE BOARD OF EMBALMERS, FUNERAL DIRECTORS, CEMETERIES, AND BURIAL SERVICES (§§ 23-61-1101 — 23-61-1111) › Section 23-61-1102 - Creation of board - Members

(a)
There is created within the State Insurance Department the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
(b)
The members of the board shall be:
(1)
Residents of this state;
(2)
At least twenty-one (21) years of age; and
(3)
Of good moral character.
(c)
The board shall be composed of nine (9) members as follows:
(1)
(A)
The Insurance Commissioner or his or her designated deputy.
(B)
The commissioner or his or her designated deputy shall be a voting member of the board; and
(2)
(A)
Eight (8) members appointed by the Governor and subject to confirmation by the Senate who shall serve terms of five (5) years.
(B)
Six (6) of the board members under subdivision (c)(2)(A) of this section shall include:
(i)
(a)
Two (2) licensed embalmers or funeral directors, each of whom has had at least five (5) consecutive years of experience as an embalmer or funeral director in this state immediately preceding his or her appointment to the board.
(b)
The Governor shall consult licensed embalmers and funeral directors before making an appointment under subdivision (c)(2)(B)(i)
(a)
of this section.
(c)
The Arkansas Funeral Directors Association, Incorporated, or its successor shall submit to the Governor a list containing the names of at least four (4) professionals under subdivision (c)(2)(B)(i)
(a)
of this section;
(ii)
Two (2) owners or operators of a licensed perpetual care cemetery in this state; and
(iii)
Two (2) professionals engaged in the operation of a burial association for at least five (5) consecutive years preceding his or her appointment to the board.
(C)
(i)
The remaining two (2) members of the board shall be:
(a)
One (1) person from this state, appointed at large, to represent the consumer community; and
(b)
One (1) person from this state who is at least sixty (60) years of age, appointed at large, to represent the elderly community.
(ii)
The members of the board under subdivision (c)(2)(C)(i) of this section shall not be actively engaged in or retired from the profession of embalming or funeral directing, the business of operating a burial association, or any other profession or occupation that is regulated by the board.
(iii)
The members of the board under subdivision (c)(2)(C)(i) of this section shall be full voting members of the board.
(d)
The members of the board shall hold the first meeting within five (5) days after membership appointment and select one (1) member under subdivision (c)(2)(B) of this section as Chair of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services who shall serve a one-year term or until his or her successor is selected and qualified.
(e)
Each congressional district shall be represented by membership on the board.
(f)
(1)
The length of the term for an initial member of the board under this section shall be staggered and set by the Governor.
(2)
After the completion of the terms of the initial members of the board under subdivision (f)(1) of this section, a member of the board shall serve for a term of five (5) years, and shall serve on the board until a successor is appointed and qualified.
(3)
A member of the board shall not be appointed to more than two (2) consecutive full terms.
(g)
A vacancy on the board due to the death, resignation, or other cause of an appointed member of the board shall be filled by appointment by the Governor for the unexpired portion of the term in the same manner as required for an initial appointment.
(h)
The presence of five (5) or more members of the board shall constitute a quorum.
(i)
A member of the board who has a financial interest in a matter before the board shall be disqualified from:
(1)
Participating in discussion pertaining to the matter; and
(2)
Voting on the matter.
(j)
A board member is eligible to receive expense reimbursement and stipends under §
25-16-901
.
(k)
The Governor may remove any member of the board for incompetence, improper conduct, gross neglect, or malfeasance.
(l)
(1)
Before entering upon duties of the board, members of the board shall take and subscribe to the oath prescribed by the Arkansas Constitution for state officers and shall file the subscribed oath in the office of the Secretary of State.
(2)
The Secretary of State shall issue a certificate of appointment for the new member of the board.
(m)
The board may make reimbursement of the necessary and reasonable travel, board, and lodging expenses of the board's employees, Executive Secretary of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, and auditors incurred in the performance of their official duties.
Amended by Act 2019, No. 391,§ 7, eff. 7/24/2019.
Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.