reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1343 - Alkaline hydrolysis operators; licensure; application; qualifications; fingerprinting; renewal

32-1343.
Alkaline hydrolysis operators;  licensure;  application;  qualifications;  fingerprinting;  renewal
A. An applicant for an alkaline hydrolysis operator license shall submit a completed application on a form prescribed by the department. The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1309 and any additional information that the department deems necessary.
B. An applicant for an alkaline hydrolysis operator license shall meet both of the following:
1. Submit a completed fingerprint card and the prescribed fingerprint records check fee to the department of health services to enable the department of health services or the department of public safety to conduct a criminal records check.
2. Meet the educational requirements as prescribed by the department in rule.
C. An applicant for licensure under this section may not have a disqualifying criminal history as determined by the department pursuant to section 41-1093.04.
D. If the department finds that the applicant meets the criteria for an alkaline hydrolysis operator license under this section and under rules adopted by the department,  the department shall issue an alkaline hydrolysis operator license. A person does not need to be licensed as an alkaline hydrolysis operator in order to practice as an alkaline hydrolysis operator if the alkaline hydrolysis facility is operated or supervised by a responsible cremationist or another person who is a licensed alkaline hydrolysis operator.
E. Except as provided in section 32-4301,  an alkaline hydrolysis operator license issued pursuant to this article expires on August 1 of each year. A licensed alkaline hydrolysis operator shall submit a renewal application and the applicable nonrefundable renewal fee pursuant to section 32-1309 on or before July 1 of each year. A licensed alkaline hydrolysis operator that submits a renewal application and the applicable renewal fee after July 1 but before August 1 shall pay a late fee pursuant to section 32-1309 in addition to the renewal fee. A licensed alkaline hydrolysis operator that fails to submit a renewal application and the applicable fee on or before August 1 must apply for a new license pursuant to this article.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1344 - Alkaline hydrolysis facilities; licensure requirements; application; renewal

32-1344.
Alkaline hydrolysis facilities;  licensure requirements;  application;  renewal
A. An application for an alkaline hydrolysis facility shall be in a form prescribed by the department. If the applicant is a business entity,  the entity shall direct a natural person who is an owner of the entity to submit its application. The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1309 and any additional information that the department deems necessary. A business entity that applies for a license pursuant to this article shall submit to the department with its application for licensure a copy of its partnership agreement,  its articles of incorporation or organization or any other organizational documents required to be filed with the corporation commission.
B. An individual who applies for an alkaline hydrolysis facility license pursuant to this article,  or if the applicant is a business entity,  the owners,  partners,  officers,  directors and trust beneficiaries of the entity,  shall submit a completed fingerprint card,  criminal history background information and a fingerprint background check fee to the department.
C. The department shall inspect the premises of an alkaline hydrolysis facility and investigate the character and other qualifications of all applicants for licensure pursuant to this article to determine whether the alkaline hydrolysis facility and the applicants are in compliance with the requirements of this article and rules adopted by the department.
D. If the department finds that the applicant meets the criteria for licensure under this article and rules adopted by the department,  the department shall issue an alkaline hydrolysis facility license.
E. Except as provided in section 32-4301,  an alkaline hydrolysis facility license issued pursuant to this article expires on August 1 of each year. A licensed alkaline hydrolysis facility shall submit a renewal application and the applicable nonrefundable renewal fee pursuant to section 32-1309 on or before July 1 of each year. A licensed alkaline hydrolysis facility that submits a renewal application and the applicable renewal fee after July 1 but before August 1 shall pay a late fee pursuant to section 32-1309 in addition to the renewal fee. A licensed alkaline hydrolysis facility that fails to submit a renewal application and the applicable fee on or before August 1 must apply for a new license pursuant to this article.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1346 - Alkaline hydrolysis facilities; nontransferability of license; interim permits; confidentiality; definition

32-1346.
Alkaline hydrolysis facilities;  nontransferability of license;  interim permits;  confidentiality;  definition
A. An alkaline hydrolysis facility license issued by the department is not transferable or subject to sale or assignment,  whether by a voluntary or involuntary process.
B. If a change of ownership of an alkaline hydrolysis facility occurs,  the licensee shall notify the department in writing and shall surrender the license to the department within twenty days after the change of ownership. The new owner shall also notify the department in writing within twenty days after the change of ownership and shall submit an application for an alkaline hydrolysis facility license to the department pursuant to section 32-1344.
C. The department shall issue an interim permit to the new owner of an alkaline hydrolysis facility to allow the new owner to continue operating the alkaline hydrolysis facility during the period that the new owner's license application is pending if the following conditions are met:
1. The new owner notifies the department of the change of ownership and submits an application for an interim permit and the applicable fee pursuant to section 32-1309 at least three days,  excluding Saturdays,  Sundays and holidays,  after the change takes place. Notice shall be given during regular business hours.
2. The alkaline hydrolysis facility continues to meet the requirements of section 32-1342.
D. An interim permit issued by the department pursuant to this section shall be for not more than forty-five days and may not be extended except as provided in subsection E of this section. An interim permit is a conditional permit and authorizes the holder to operate an alkaline hydrolysis facility as would be allowed under an alkaline hydrolysis facility license issued pursuant to this article. The holder of an interim permit is subject to the licensing rules and disciplinary proceedings prescribed in this chapter and in rules adopted by the department pursuant to this article.
E. Notwithstanding subsection D of this section,  for good cause shown,  the department may extend an interim permit for not more than forty-five days.
F. Until the new owner's license is issued,  the department shall keep confidential all notices filed with the department by the prospective new owner of an alkaline hydrolysis facility pursuant to this section.
G. For the purposes of this section,  " regular business hours"  means between the hours of 8:00 a.m. and 5:00 p.m. on any day of the week other than Saturday,  Sunday or any other legal holiday or a day on which the department is authorized or obligated by law or executive order to close.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1347 - Change of name or location

32-1347.
Change of name or location
A. The owner of a licensed alkaline hydrolysis facility who desires to change the name of the alkaline hydrolysis facility shall submit an application on a form prescribed by the department. The application shall be subscribed under oath and shall be accompanied by the applicable fee.
B. The owner of a licensed alkaline hydrolysis facility shall submit an application on a form prescribed by the department to change the location of the alkaline hydrolysis facility. The application shall be subscribed under oath and shall be accompanied by the applicable fee. Before the department approves a request for a change of location pursuant to this section,  the owner shall demonstrate that the new location meets the requirements of this article.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1361 - Licensed embalmers; supervision; certification of embalming

32-1361.
Licensed embalmers;  supervision;  certification of embalming
A. Only a licensed embalmer may embalm a dead human body,  except that another person who is employed by a funeral establishment and on a pathway to licensure may embalm a dead human body under the direct supervision of a licensed embalmer.
B. A licensed embalmer who embalms or supervises the embalming of a dead human body shall certify the embalming with the embalmer's signature and license number.
C. For the purposes of this section,  a person is on a pathway to licensure if both of the following apply:
1. The person has been employed by a funeral establishment for not more than three years.
2. The person intends to become licensed after assisting in embalming at least twenty-five dead human bodies or assisting in arranging and directing at least twenty-five funerals.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1362 - Enucleation of eyes by licensed embalmers

32-1362.
Enucleation of eyes by licensed embalmers
An embalmer who is licensed in this state may enucleate the eyes of a dead human body for the purposes specified in and pursuant to title 36,  chapter 7,  article 3 if the embalmer has completed a course in eye enucleation approved by the Arizona medical board.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1363 - Use of funeral director title; unlawful use

32-1363.
Use of funeral director title;  unlawful use
A. A person who is licensed as a funeral director under article 2 of this chapter shall be known as a " funeral director" ,  " undertaker"  or " mortician"  or any other title that clearly indicates that the person is engaged in the business of funeral directing.
B. It is unlawful for a person who is not licensed as a funeral director under article 2 of this chapter to practice funeral directing or to advertise in a manner or assume any title that would imply that the person is engaged in the business of funeral directing.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1364 - Crimes against the dead; classification

32-1364.
Crimes against the dead;  classification
A. It is unlawful for a person,  without the authority of law or as normally required to store,  prepare,  disinfect or embalm a dead human body according to standards of practice in the funeral industry,  to mutilate a dead human body.
B. It is unlawful for a person,  without the authority of law,  to disinter or remove a dead human body or any part of a dead human body from its sepulcher,  grave or other interment site,  or from the place where the body is awaiting disposition,  with malice or wantonness or with the intent to sell or dissect the body.
C. It is unlawful for a person,  without the authority of law,  to obtain or convert property that is located with or affixed to a dead human body or any part of a dead human body with the intent to deprive the decedent or the decedent's estate of the property.
D. It is unlawful for a person to engage in necrophilia. A person engages in necrophilia by:
1. Having sexual intercourse with a dead human body.
2. Having sexual contact with a dead human body,  other than the contact normally required to store,  prepare,  disinfect or embalm a dead human body according to standards of practice in the funeral industry.
E. For the purposes of subsection D:
1. " Sexual contact"  means any direct or indirect touching,  including oral contact,  fondling or manipulating of any part of the genitals,  anus or female breast by any part of the body or by any object.
2. " Sexual intercourse"  means penetration into the vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.
F. A person who violates this section is guilty of a class 4 felony.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1365.01 - Cremation or other lawful disposition of a dead human body; authorization document; immunity

32-1365.01.
Cremation or other lawful disposition of a dead human body;  authorization document;  immunity
A. A legally competent adult may prepare a written statement directing the cremation or other lawful disposition of the legally competent adult's own remains pursuant to section 36-831. The written statement may but need not be part of the legally competent adult's will.
B. The legally competent adult who is the subject of a document described in subsection A of this section shall sign and date the document. The document shall be notarized or witnessed in writing by at least one adult who affirms that the notary or witness was present when the legally competent adult signed and dated the document and that the legally competent adult appeared to be of sound mind and free from duress at the time of execution of the document.
C. A document that conforms to this section authorizes a crematory,  cemetery or funeral establishment to carry out the wishes of the legally competent adult who is the subject of the document. It is not necessary for a crematory,  cemetery or funeral establishment to obtain the consent or concurrence of any other person when it cremates or otherwise provides for the lawful disposition of a dead human body pursuant to instructions contained in a document that conforms to this section.
D. This section does not mandate that a crematory,  cemetery or funeral establishment cremate or otherwise provide for the lawful disposition of a dead human body pursuant to the document unless the legally competent adult who executed the document made any financial arrangements necessary to effectuate the legally competent adult's wishes as expressed in the document.
E. A crematory,  cemetery or funeral establishment that cremates or otherwise provides for the lawful disposition of a dead human body in good faith reliance on an apparently genuine document executed pursuant to this section is immune from criminal and civil liability and is not subject to professional discipline. The decision of a crematory,  cemetery or funeral establishment to cremate or otherwise provide for the lawful disposition of a dead human body in reliance on a document executed pursuant to this section is presumed to be made in good faith.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1366 - Grounds for disciplinary action

32-1366.
Grounds for disciplinary action
A. After a formal hearing,  the department may deny or refuse to renew a license or may take disciplinary action against any embalmer,  funeral director,  alkaline hydrolysis operator or other person who is licensed pursuant to this chapter for any of the following reasons:
1. Commission of an act of unprofessional conduct.
2. Repeated or continuing negligence or any other professional incompetence in the practice of funeral directing,  embalming or alkaline hydrolysis.
3. Violation of this chapter or any rule adopted pursuant to this chapter.
4. Violation of title 44,  chapter 10,  article 7.
B. After a formal hearing,  the department may deny or refuse to renew a license or take disciplinary action against a responsible funeral director for a violation of this chapter or any rule adopted pursuant to this chapter by an employee of the licensed funeral establishment that the responsible funeral director manages.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1368 - Administrative costs

32-1368.
Administrative costs
On its determination that a licensee has violated this chapter or a rule adopted pursuant to this chapter,  the department may assess the licensee its administrative costs and expenses incurred in conducting the investigation and its administrative costs and expenses incurred in connection with the informal interview or formal hearing. The department may assess these administrative costs and expenses in addition to any civil penalties imposed pursuant to section 32-1367. The department shall deposit,  pursuant to sections 35-146 and 35-147,  all monies collected pursuant to this section in the health services licensing fund established by section 36-414 to defray the department's expenses in connection with disciplinary investigations and hearings. These monies may be spent on investigations and hearings without legislative appropriation.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1369 - Cease and desist orders; injunctive relief; civil penalty

32-1369.
Cease and desist orders;  injunctive relief;  civil penalty
A. In addition to all other remedies,  if it appears to the department,  either on complaint or otherwise,  that any person has engaged in or is engaging in any act,  practice or transaction that constitutes a violation of this chapter,  of title 44,  chapter 10,  article 7 or of any rule adopted pursuant to this chapter,  the department may either:
1. Serve a cease and desist order on the person by certified mail or personal service requiring the person to cease and desist immediately from engaging in the act,  practice or transaction.
2. Apply,  through the attorney general or county attorney of the county in which the act,  practice or transaction is alleged to have been committed,  to the superior court in that county for an injunction restraining the person from engaging in the act,  practice or transaction or doing any act in furtherance of the act,  practice or transaction. On a proper showing,  the court shall grant a temporary restraining order,  a preliminary injunction or a permanent injunction without bond. Process in an action under this paragraph may be served on the defendant in any county of this state where the defendant transacts business or is found.
B. A person who receives a cease and desist order issued by the department pursuant to subsection A,  paragraph 1 of this section is entitled to a hearing pursuant to title 41,  chapter 6,  article 10 within thirty days after the effective date of the order.
C. If a person fails to comply with an order issued by the department pursuant to subsection A,  paragraph 1 of this section,  the department shall file an action pursuant to subsection A,  paragraph 2 of this section to restrain and enjoin the person from engaging in the act,  practice or transaction. The court in the action shall proceed as in other actions for injunction. If the court finds that the person wilfully failed to obey a valid cease and desist order issued by the department,  the court shall impose a civil penalty of at least $250 and not more than $1, 000 per violation.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1371 - List of prices of funeral goods and services offered

32-1371.
List of prices of funeral goods and services offered
A. The department shall adopt rules that require every licensee to give a standardized written or printed price list for retention to each person who personally inquires about funeral arrangements or prices of funeral goods and services. A funeral establishment shall offer each person the price list on beginning a discussion either of funeral arrangements or of the selection of funeral goods and services.
B. A price list shall be presented in an accurate and readable manner in order to facilitate price comparisons by funeral service consumers.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1372 - Display of merchandise prices; rules

32-1372.
Display of merchandise prices;  rules
The department shall adopt rules that require each funeral establishment to place a price card in a conspicuous place with each casket,  alternative container,  outer burial container,  alkaline hydrolysis container or other item of funeral goods available for purchase. A funeral establishment shall place each price card in a location that enables a person to view the card without physically handling the card. Merchandise photographs must have the price of the merchandise displayed in a conspicuous manner.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1375 - Price lists; telephone information

32-1375.
Price lists;  telephone information
A. A licensee or authorized employee shall provide accurate information about the retail prices of funeral goods and services readily available for sale at the funeral establishment at which the licensee or authorized employee is employed to any person inquiring about these prices by telephone.
B. A licensee or authorized employee may provide prices described in subsection A of this section by telephone,  by electronic means or by mail.
C. If a person requests a price list by telephone to be sent by mail,  the funeral establishment shall mail a price list to the caller and may charge a reasonable postage and handling fee of not more than $2.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1376 - Consumer information pamphlet

32-1376.
Consumer information pamphlet
A. The department shall prepare and distribute to funeral establishments a consumer information pamphlet that provides the following information:
1. The meaning of terms used in funeral arrangements.
2. Legal requirements concerning funerals and the disposition of human remains.
3. A description of illegal practices.
4. A description of required disclosures to funeral consumers.
5. A description of the department's responsibilities,  including where complaints may be filed.
6. Other relevant information.
B. A funeral establishment shall provide a copy of the consumer information pamphlet for retention to each person who personally inquires about funeral arrangements or funeral goods and services.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1377 - Rules; relation to federal trade commission regulations

32-1377.
Rules;  relation to federal trade commission regulations
Except as authorized by this article,  rules adopted by the department to implement this article shall be at least as stringent as federal trade commission regulations relating to funeral industry practices as authorized by the federal trade commission act as amended and in effect on July 19,  1994 (16 Code of Federal Regulations part 453).
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1382 - Funeral establishment requirements; responsible funeral director

32-1382.
Funeral establishment requirements;  responsible funeral director
A. A funeral establishment licensed pursuant to this article shall:
1. Provide separate rooms for each of the following:
(a) An area inside the funeral establishment that may be used as a chapel for conducting funeral services.
(b) A preparation room that meets minimum requirements adopted by the department,  that is maintained at all times in a sanitary and professional manner,  that has sanitary flooring,  drainage and ventilation and that is equipped with instruments and supplies necessary to protect the health and safety of the public and the employees of the funeral establishment in connection with preparing and embalming dead human bodies. This paragraph does not prohibit the embalming of a body at a central location.
(c) A display area for displaying funeral goods or for displaying funeral goods by photograph or electronic means.
2. Provide access to hearses or funeral coaches that are properly equipped for transporting dead human bodies and that are kept in a sanitary and professional manner.
3. Employ and designate a responsible funeral director to manage and supervise the daily operation of the funeral establishment. The responsible funeral director is responsible for the funeral establishment complying with the laws of this state and the rules of the department. The funeral establishment or the responsible funeral director shall designate a licensed funeral director to act as an interim responsible funeral director.
B. All employees of a funeral establishment who handle dead human bodies shall use universal precautions and shall exercise reasonable care to minimize the risk of transmitting any communicable disease from a dead human body.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1383 - Application; qualifications for funeral establishment licensure

32-1383.
Application;  qualifications for funeral establishment licensure
A. An applicant for a funeral establishment license shall submit a completed application on a form prescribed by the department. The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1309 and any additional information that the department deems necessary. A business entity that applies for a license pursuant to this article shall submit to the department with its application for licensure a copy of its partnership agreement,  its articles of incorporation or any other organizational documents required to be filed with the corporation commission.
B. A person who applies for a license pursuant to this article,  or if the applicant is a business entity,  the proprietors,  partners,  officers and directors of the entity,  shall submit a completed fingerprint card,  criminal history background information and a fingerprint background check fee to the department.
C. The department shall inspect the premises of a funeral establishment and investigate the qualifications of all applicants for licensure.
D. If the department finds that the applicant meets the criteria for licensure under this article and rules adopted by the department,  the department shall issue a funeral establishment license.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1385 - Retention of records

32-1385.
Retention of records
A funeral establishment shall maintain copies of consumer price lists,  outer burial container price lists,  casket price lists,  statements of funeral goods and services and any other documents related to the arrangement or direction of funeral or embalming services for three years after the date that the documents were prepared by or on behalf of the establishment.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1386 - Renewal of funeral establishment licenses

32-1386.
Renewal of funeral establishment licenses
A. Except as provided in section 32-4301,  a funeral establishment license issued pursuant to this article expires on August 1 of each year.
B. A licensed funeral establishment shall submit a renewal application and the applicable renewal fee pursuant to section 32-1309 on or before July 1 of each year. A license renewal fee is nonrefundable.
C. A licensed funeral establishment that submits a renewal application and the applicable renewal fee after July 1 but before August 1 shall pay a late fee pursuant to section 32-1309 in addition to the renewal fee.
D. A licensed funeral establishment that fails to submit a renewal application and the applicable fee on or before August 1 shall apply for a new license pursuant to this article.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1388 - Nontransferability of funeral establishment licenses; change of ownership; interim permits; definition

32-1388.
Nontransferability of funeral establishment licenses;  change of ownership;  interim permits;  definition
A. A funeral establishment license issued by the department is not transferable or subject to sale or assignment,  whether by a voluntary or involuntary process.
B. If there is a change of ownership of a funeral establishment,  the licensee shall notify the department in writing and shall surrender the license to the department within twenty days after the change of ownership. The new owner shall also notify the department in writing within twenty days after the change of ownership and shall submit an application for a funeral establishment license to the department pursuant to section 32-1383.
C. The department shall issue an interim permit to a new owner of a licensed funeral establishment to allow the new owner to continue the operation of the funeral establishment during the period that the new owner's license application is pending if the following conditions are met:
1. The new owner notifies the department of the change of ownership and submits an application for an interim permit and the applicable fee pursuant to section 32-1309 within three days,  excluding Saturdays,  Sundays and holidays,  after the change takes place. Notice shall be given during regular business hours.
2. The funeral establishment continues to meet the requirements of section 32-1382.
D. An interim permit issued by the department pursuant to this section shall be for not more than forty-five days and shall not be extended except as provided in subsection E of this section. An interim permit is a conditional permit and authorizes the holder to operate a funeral establishment as would be allowed under a funeral establishment license issued pursuant to this article. The holder of an interim permit is subject to the licensing rules and disciplinary proceedings prescribed in this chapter and in rules adopted pursuant to this chapter.
E. Notwithstanding subsection D of this section,  for good cause shown,  the department may extend an interim permit for not more than forty-five days.
F. Until an interim permit is issued,  the department shall keep confidential all notices filed with the department by the prospective new owner of a licensed funeral establishment pursuant to this section.
G. For the purposes of this section,  " regular business hours"  means between the hours of 8:00 a.m. and 5:00 p.m. on any day of the week other than Saturday,  Sunday or any other legal holiday or a day on which the department is authorized or obligated by law or executive order to close.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1389 - Application for change of name

32-1389.
Application for change of name
The owner of a licensed funeral establishment shall submit an application on a form prescribed by the department to change the name of the funeral establishment. The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1309.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1390 - Application for change of location

32-1390.
Application for change of location
The owner of a funeral establishment shall submit an application on a form prescribed by the department to change the location of the funeral establishment. The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1309. Before the department approves a request for a change of location pursuant to this section,  the owner shall demonstrate that the new location meets the requirements of section 32-1382.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1390.01 - Prohibited acts; disciplinary actions; agents and employees; civil penalty

32-1390.01.
Prohibited acts;  disciplinary actions;  agents and employees;  civil penalty
A. The department may deny or refuse to renew the license of a funeral establishment or may take disciplinary action against a funeral establishment for any of the following reasons:
1. Committing fraud or misrepresentation in obtaining a license.
2. Failing to employ and designate a responsible funeral director.
3. Displaying or using a funeral establishment license at any place other than the funeral establishment to which it is issued.
4. Violating title 44,  chapter 10,  article 7.
5. Violating this chapter or a rule adopted pursuant to this chapter.
6. The commission of an act by an agent or an employee of the funeral establishment that violates this chapter or rules adopted pursuant to this chapter.
B. The acts or omissions of an agent or employee of a funeral establishment that violate this chapter or rules adopted pursuant to this chapter are considered to be the acts or omissions of the funeral establishment.
C. If the department finds that a funeral establishment has committed an offense listed in subsection A of this section,  the department may take any of the following actions:
1. Issue a letter of censure or reprimand.
2. Impose probationary terms as the department considers necessary to protect the public health,  safety and welfare and to rehabilitate or educate the licensee,  including restitution to any customer or other person who was injured by a violation of this chapter or a rule adopted pursuant to this chapter.
3. Impose a civil penalty not to exceed $3, 000 per violation.
4. Revoke the license of the funeral establishment pursuant to a disciplinary proceeding.
5. Suspend the license of the funeral establishment for not more than ninety days for a first offense or not more than one hundred eighty days for a second offense.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1390.02 - Disciplinary proceedings; notice

32-1390.02.
Disciplinary proceedings;  notice
A. Article 3 of this chapter and rules adopted pursuant to article 3 of this chapter govern disciplinary proceedings brought against a funeral establishment.
B. Any notice required to be served by the department pursuant to section 32-1367,  subsection K on a person who is licensed pursuant to article 2 of this chapter shall also be served by the department on each funeral establishment that employed or hired the person at the time of the conduct causing the department to serve the notice on the person. Each funeral establishment shall identify the person to whom the department shall send the notice to be served on the funeral establishment as required by this subsection.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1391.01 - Powers and duties of department

32-1391.01.
Powers and duties of department
A. The department shall adopt rules that:
1. Describe or define deceptive,  misleading or professionally negligent practices concerning the offer or sale of prearranged funeral agreements funded by trust and the handling of these funds or accounts.
2. Implement and interpret consumer disclosure requirements of this article to provide adequate information to purchasers of prearranged funerals.
3. Prescribe funeral establishment recordkeeping requirements concerning prearranged funeral trust sales and prearranged funeral trust accounts and the handling and disposition of trust funds.
4. Define terms and develop forms and procedures to implement this article.
B. The department of health services shall enter into an intergovernmental agreement with the department of insurance and financial institutions to examine and report on prearranged funeral trust accounts of funeral establishments and to review prearranged funeral trust sales and trust account forms and procedures used by funeral establishments.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1391.02 - Prearranged funeral agreements; restrictions on sales

32-1391.02.
Prearranged funeral agreements;  restrictions on sales
A. A person shall not enter into a prearranged funeral agreement other than in accordance with this article and the rules adopted pursuant to this article.
B. The department shall adopt rules that require every funeral establishment that sells prearranged funeral agreements to give a standardized written or printed price list for retention to each person who personally inquires about prearranged funeral agreements. On beginning a discussion regarding prearranged funeral agreements,  a person affiliated with the funeral establishment shall present the price list to the consumer. The list shall be presented in an accurate and readable manner in order to facilitate price comparisons by consumers.
C. A prearranged funeral agreement shall be funded by insurance or trust. A funeral establishment or an agent or employee of a funeral establishment shall not accept payment for or agree to enter into any prearranged funeral agreement unless the name of a licensed funeral establishment appears on the statement of goods and services used in connection with the prearranged funeral agreement and one of the following is true:
1. If the prearranged funeral agreement is a prearranged funeral agreement funded by insurance,  the funeral establishment employs or contracts with insurance producers who are licensed pursuant to title 20 to sell the prearranged funeral agreement.
2. If the prearranged funeral agreement is a prearranged funeral agreement funded by trust,  the funeral establishment has been issued a prearranged funeral sales endorsement to its license allowing the funeral establishment to sell prearranged funeral agreements funded by trust.
3. If the prearranged funeral agreement is a payable on death account,  the account is not under the control of the funeral establishment. A funeral establishment or an agent or employee of a funeral establishment shall not accept a deposit for a payable on death account.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1391.03 - Department of insurance and financial institutions; powers and duties; prearranged funeral trust accounts

32-1391.03.
Department of insurance and financial institutions;  powers and duties;  prearranged funeral trust accounts
A. The department of insurance and financial institutions shall determine all of the following in its examinations of prearranged funeral trust accounts:
1. The names and addresses of purchasers of prearranged funerals and the amount each purchaser paid to the funeral establishment.
2. The location and status of all monies received.
3. The total amount in trust accounts.
4. Whether a funeral establishment is complying with this article and rules adopted pursuant to this article.
5. Whether a funeral establishment is following recognized accounting procedures for prearranged funeral trust accounts and handling monies received from prearranged funeral sales.
B. The department of insurance and financial institutions shall:
1. Conduct examinations on a random basis or in connection with an investigation pursuant to procedures established by the department of health services.
2. Examine the prearranged funeral trust accounts of each funeral establishment at least once within the first twelve months after it begins to sell prearranged funerals and at least once every three years thereafter.
3. Include prearranged funeral trust accounts established before January 1,  1985 in its examinations.
C. The department of insurance and financial institutions may examine and investigate prearranged funeral trust accounts pursuant to title 6,  chapter 1,  article 3 and pursuant to the powers of the department of health services concerning prearranged funeral sales and trust accounts.
D. If the department of insurance and financial institutions determines after investigating or examining a prearranged funeral trust account that a violation of this article has occurred,  it shall send a written report to the department of health services within thirty days after completion of the investigation or examination that includes an identification of the violation and any relevant documents.
E. The department of insurance and financial institutions shall assess each funeral establishment at the rate of not more than $520 per day for each examiner employed in the examination of the funeral establishment's prearranged funeral trust accounts pursuant to the requirements of this section.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1391.04 - Prearranged funeral trust accounts; books and records; inspection and examination

32-1391.04.
Prearranged funeral trust accounts;  books and records;  inspection and examination
A. All funeral establishments and financial institutions,  on request of the department of insurance and financial institutions,  shall make their prearranged funeral trust account books and records available for inspection and examination by the department of insurance and financial institutions.
B. Each financial institution with trust funds deposited pursuant to this article shall at least quarterly send a copy to the department of insurance and financial institutions of each cancellation request or death certificate the financial institution has received that resulted in a withdrawal of funds from the trust account.
C. A financial institution does not have a legal duty to inquire about the disbursement of any trust funds deposited pursuant to this article if the financial institution has received the properly executed notifications or certifications required by this article.
D. A financial institution or funeral establishment operating according to the trust provisions established in this article is not considered to be in the trust business under title 6,  chapter 8.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1391.06 - Service fees; prearranged funeral agreements funded by trust

32-1391.06.
Service fees;  prearranged funeral agreements funded by trust
A. A funeral establishment may charge an initial service fee when a person enters into a prearranged funeral agreement funded by trust of not to exceed fifteen per cent of the total amount agreed to be paid by the purchaser pursuant to the prearranged funeral agreement. If the amount to be paid by the purchaser is to be paid in installments,  no more than one-half of any payment made by the purchaser may be applied to the initial service fee. If the agreement is canceled prior to the completion of the agreement,  any portion of the initial service fee that has not yet been paid under the agreement is no longer due and payable to the establishment. The portion of any payment by the purchaser that is to be applied to the initial service fee shall be paid to the funeral establishment and not to the trust account.
B. A funeral establishment may charge an annual service fee of not to exceed ten per cent of the interest that has accrued on the trust funds during the preceding calendar year. After each calendar year while a prearranged funeral agreement funded by trust is in effect a financial institution may release a portion of the trust funds equal to the annual service fee on receipt of a certificate of entitlement to an annual service fee from the funeral establishment.
C. The funeral establishment may direct the financial institution to pay,  from time to time,  from the monies in the trust account,  any taxes that have accrued by reason of the income earned from funds deposited in the trust account. The payment may be made directly to the taxing authority or to the beneficiary of the trust account on the proper showing by the beneficiary that the beneficiary has paid the taxes. A financial institution may withdraw funds from the trust account,  as previously agreed in writing,  to pay reasonable and necessary charges for the administrative and investment management services provided by the financial institution.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1391.07 - Cancellation; prearranged funeral agreements funded by trust

32-1391.07.
Cancellation;  prearranged funeral agreements funded by trust
A. If a funeral establishment receives a written request from a purchaser of a prearranged funeral agreement funded by trust to terminate the agreement and refund the trust funds,  the funeral establishment shall refund the remaining trust funds to the purchaser within five business days after it receives the request. A financial institution shall release the trust funds to the funeral establishment on receipt of a cancellation request signed by the purchaser and submitted by the funeral establishment. If the beneficiary is deceased,  a written request to terminate the agreement may be submitted to the funeral establishment by the person designated on the prearranged funeral agreement,  or if that person is not available,  a request may be submitted by the person legally responsible for the beneficiary.
B. If a request to terminate the agreement is received from the purchaser within three business days after the execution of the agreement,  the funeral establishment shall,  within five business days after receiving the request,  refund all monies paid under the agreement including the full amount of any initial service fee paid by the purchaser.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1391.08 - Prearranged funeral agreements funded by trust; death of beneficiary

32-1391.08.
Prearranged funeral agreements funded by trust;  death of beneficiary
A. After the death of a beneficiary of a prearranged funeral agreement funded by trust,  the financial institution shall release a portion of the remaining trust funds equal to the funeral establishment's charges for funeral goods and services for the beneficiary's funeral arrangement to the funeral establishment on receipt of the beneficiary's certified death certificate and a certificate from the funeral establishment stating that it provided the requested funeral goods and services and stating the total charges for those goods and services.
B. After the death of a beneficiary of a fixed price prearranged funeral agreement funded by trust,  the financial institution may release a portion of the trust funds equal to the funeral establishment's charges for the beneficiary's funeral arrangements and all then accrued interest on the trust funds to the funeral establishment on receipt of the beneficiary's certified death certificate and a certificate from the establishment stating that it provided the requested funeral goods and services,  stating that the establishment agreed to fix the prices of those goods and services and the purchaser agreed to convey the accrued interest on performance of the funeral arrangements and stating the total charges for those goods and services.
C. If any trust funds remain after disbursement to the funeral establishment,  the remaining funds shall be paid to the estate of the beneficiary.
D. If the funeral establishment does not provide funeral goods and services for the beneficiary's funeral arrangements within thirty days after the death of the beneficiary,  all remaining trust funds shall be paid immediately to the estate of the beneficiary. This shall not be the exclusive remedy available to the purchaser or the estate of the beneficiary if there has been a breach of contract.
E. If the funeral establishment provides any funeral goods or services to the purchaser or beneficiary before the death of the beneficiary,  the provision shall not constitute performance under the prearranged funeral agreement and shall not entitle the funeral establishment to any portion of the trust funds.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1391.11 - Prearranged funeral agreements funded by trust; sales; restrictions

32-1391.11.
Prearranged funeral agreements funded by trust;  sales;  restrictions
It is unlawful for a person to offer or sell prearranged funeral agreements funded by trust unless the person is a registered salesperson or the designated funeral director employed or otherwise engaged by a funeral establishment that has been issued a prearranged funeral sales endorsement to its establishment license.