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 23-61-1103 - Powers and duties of board

(a)
The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may:
(1)
(A)
Hold a meeting no less than one (1) time each calendar quarter.
(B)
The meeting shall be held at a time and place as the board or Insurance Commissioner may determine, after notice of such meeting has been given to the general public at least thirty (30) days before the meeting.
(C)
The board shall meet upon written demand of any two (2) members of the board or upon the call of the commissioner;
(2)
Make examinations required by §
17-29-301
et seq. available to applicants at least two (2) times annually at suitable locations during normal business hours;
(3)
Promulgate appropriate rules:
(A)
For the transaction of business of the board;
(B)
For the betterment and promotion of the standards of service and practice;
(C)
To establish the standards of practice and a code of ethics for persons licensed or authorized under this subchapter; §
17-29-301
et seq.; the Cemetery Act for Perpetually Maintained Cemeteries, §
20-17-1001
et seq.; or §
23-78-101
et seq.; and
(D)
To establish qualifications necessary to:
(i)
Practice the science of embalming;
(ii)
Engage in the business of funeral directing;
(iii)
Practice cremation;
(iv)
Transport human remains; and
(v)
Operate a funeral establishment, mortuary service, crematorium, retort, or transport service firm to transport human remains;
(4)
(A)
Develop, establish by rule, and administer a mandatory or voluntary continuing education program and its requirements for persons licensed or authorized by the board.
(B)
The board may excuse licensees, as a group or as individuals, from a continuing education program, if any unusual circumstances, emergency, or hardship prevents participation in the program;
(5)
Promulgate rules and publish forms to enforce and administer laws governing:
(A)
Embalmers, funeral directors, and funeral establishments, under §
17-29-301
et seq.; §
17-29-401
et seq.; and §
17-29-501
et seq.;
(B)
Burial associations under §
23-78-101
et seq.; and
(C)
Cemetery companies under the Cemetery Act for Perpetually Maintained Cemeteries, §
20-17-1001
et seq.; and the Insolvent Cemetery Grant Fund Act, §
20-17-1301
et seq.;
(6)
Suspend or revoke permits or licenses or impose a civil penalty not to exceed five hundred dollars ($500) per violation when a licensee fails to comply with any of the laws governing the licensee or when a licensee fails to comply with a rule or order of the board;
(7)
Upon application, grant permits, licenses, or certificates of authority to applicants and licensees;
(8)
When appropriate, amend permits, licenses, or certificates of authority;
(9)
(A)
Apply to Pulaski County Circuit Court to enjoin any act or practice and to enforce compliance with relevant laws and the rules and orders of the board when it appears that any person has engaged in or will engage in an act or practice that constitutes a violation of any provision of this subchapter or rule or order of the board.
(B)
The court shall not require the board or commissioner to post a bond;
(10)
Apply to Pulaski County Circuit Court or the circuit court in the county in which the licensee is located for the appointment of a receiver or conservator of the cemetery corporation or its permanent maintenance fund when it appears to the board or commissioner that a cemetery corporation is insolvent or that the cemetery corporation, its officers, directors, agents, or the trustees of its permanent maintenance fund, have violated this subchapter, relevant laws, or the rules or orders of the board;
(11)
(A)
Conduct hearings and subpoena witnesses, books, and records in connection with alleged violations of this subchapter, relevant laws, and the rules or orders of the board.
(B)
(i)
In case of contumacy or refusal to obey a subpoena issued to a person, the Pulaski County Circuit Court, upon application by the board, may issue to the person an order requiring him or her to appear before the board or the person designated by the board.
(ii)
Failure to obey the order of the court may be punished by the court as a contempt of court.
(C)
An order by the board under this subchapter shall be subject to review by the Pulaski County Circuit Court or by the circuit court of the county in which any part of the cemetery lies if an application for review of an order by the board is made within thirty (30) days of the date of the order; and
(12)
Establish and collect reasonable fees.
(b)
The board shall adopt bylaws and rules in connection with the care and disposition of human remains in this state.
(c)
(1)
The commissioner, in consultation with the Secretary of the Department of Commerce, may appoint assistants and deputies and examiners, inspectors, attorneys, clerks, stenographers, and other personnel as may be necessary to assist him or her in the discharge of the duties imposed upon him or her in overseeing the board.
(2)
Personnel under subdivision (c)(1) of this section shall devote their entire business time to carrying out official duties concerning the board, or if appropriate, the State Insurance Department.
(d)
The powers and authority under subsection (a) of this section shall not be in dimunition or limitation of the powers and authority vested in the board by the various sections of this subchapter, but the board shall possess all powers and authority, whether set forth in this section or not, to enable it to carry out the intent and purpose of this subchapter.
(e)
(1)
The board, when it shall deem necessary, shall be represented by the State Insurance Department.
(2)
(A)
If deemed necessary by the board, the board may employ special counsel whose services shall be paid for from funds of the board.
(B)
Special counsel shall be retained only with the prior approval of the commissioner.
Amended by Act 2023, No. 509,§ 2, eff. 8/1/2023.
Amended by Act 2019, No. 910,§ 604, eff. 7/1/2019.
Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.