Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2401 - Administrative Law › Chapter 4 - Funeral Establishment › Rule 30-2401-4.1 - GENERAL

Current through June 25, 2024
To be licensed by the Board, a funeral service establishment
				  must meet the following minimum requirements:
(1)
Ownership.
The establishment
				shall be operated by a sole owner, a partnership, a limited liability
				partnership, a limited partnership, a limited liability company, corporation,
				or a subsidiary of a corporation or other business entity authorized to do
				business in the State of Mississippi.
A Mississippi-licensed funeral establishment must be in good
				  standing and authorized to do business as a funeral establishment in the State
				  of Mississippi by all applicable authorities.
(2)
Fixed place.
The
				establishment shall have a fixed place of business with a specific street
				address or physical location and shall conform to local zoning ordinances as
				evidenced by an occupancy permit issued by the proper local governmental entity
				authorizing the occupancy of a funeral service establishment at that location.
				Fixed place means that the establishment is affixed to the real property by
				roots, embedded in it, permanently resting upon it, or physically attached or
				fastened to the real property, as by means of cement, plaster, nails, bolts, or
				screws.
The establishment shall display a sign indicating its true
				  name as registered with the Board. Such sign shall be conspicuously located at
				  or near the main entrance and shall be visible from the exterior of the
				  building. In the event that a funeral establishment closes or moves from the
				  location, the logo or business signs must be removed.
A funeral establishment shall have, listed and in working
				  order, at its registered address a business telephone, the number of which
				  shall be indicated as the business telephone number. Any other telephone number
				  also listed for the funeral firm shall be specifically designated as "residence
				  telephone number," "number to call if no answer," or otherwise
				  identified.
A funeral establishment that maintains a chapel, preparation
				  room, or other facility in a building or portion physically separated from
				  and/or located at a place designated by an address differing from the office,
				  chapel, or other facilities of the applicant, the chapel, preparation room, or
				  other funeral facility otherwise located shall be deemed to be a separate
				  funeral establishment. However, separate buildings or portions thereof
				  connected by a private passageway, walk or driveway shall constitute a single
				  funeral establishment.
(3)
Application.
The establishment must submit an application for an
				original license, or if appropriate, an application for a renewal license on
				forms provided by the Board. If a corporation or subsidiary thereof,
				partnership, limited liability partnership, limited partnership, or limited
				liability company, the application must, in addition to other requirements, be
				accompanied by a copy of the certificate of incorporation, articles of
				organization, or certificate or agreement of formation, and any other document
				filed with the Mississippi Secretary of State, which allows the entity to do
				business in Mississippi.
(4)
Fee.
The required fee must also be submitted with the application
				for licensure
(5)
Inspection.
The establishment shall be inspected by a
				representative of the Board as follows:
(a)
				prior to being initially licensed;
(b) when there is a change in
				ownership;
(c) any time when the
				inspection is part of the investigation of a complaint; and
(d) random, unannounced, or periodically as
				determined or required by the Board.
Failure to cooperate with a Board inspection shall
				  constitute grounds for discipline as provided by Section
				  73-11-57
				  of the Mississippi Code of 1972, as amended.