Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 47 - CEMETERY BOARD › Chapter 20 - CEMETERY BOARD RULES AND REGULATIONS › Part IV - Standards of Practice and Conduct › Section 18VAC47-20-190 - Prohibited activities

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the acts set forth in §§
										54.1-2314,
					 54.1-2315,
					 and
					 54.1-2316
					 of the Code of Virginia, the board may discipline a licensee or registrant for
					 the following acts:
1. Employing or
				  affiliating with by independent contract, sales personnel not registered with
				  the board.
2. Unless otherwise
				  addressed in this chapter, failing to retain for a period of three years all
				  records required by this chapter or Chapter 23.1 (§
										54.1-2310 et seq.) of
				  Title 54.1 of the Code of Virginia at the place of business in Virginia of the
				  licensed cemetery company.
3.
				  Failing to produce to the board or any of its agents, upon request, any
				  document, book, or record required by this chapter or Chapter 23.1 (§
										54.1-2310 et seq.) of
				  Title 54.1 of the Code of Virginia.
4. Failing to respond to an inquiry by the
				  board or any of its agents within 21 days.
5. Advertising in any name other than the
				  name in which licensed or registered.
6. Furnishing substantially inaccurate or
				  incomplete information to the board in obtaining, renewing, reinstating, or
				  maintaining a license or registration.
7. Allowing a cemetery company license or
				  sales personnel registration to be used by an unlicensed cemetery company or
				  unregistered sales personnel.
8.
				  Acting as or being an ostensible licensee for undisclosed persons who do or
				  will control or direct, directly or indirectly, the operations of the
				  licensee's business.
9. Having
				  failed to inform the board in writing, within 30 days, that the company, an
				  officer, director, or compliance agent has pleaded guilty or nolo contendere or
				  was convicted and found guilty of any felony or any crime involving moral
				  turpitude.
10. Having failed to
				  inform the board in writing, within 30 days, of a disciplinary action in a
				  jurisdiction where licensed, including suspension, revocation, or surrender in
				  connection with a disciplinary action.
11. Failing to reasonably maintain the
				  buildings, grounds, and facilities of a cemetery licensed to a cemetery
				  company.
12. Failing to file any
				  report required by Chapter 23.1 of Title 54.1 of the Code of Virginia.
13. Engaging in negligent,
				  improper, fraudulent, or dishonest conduct.
14. Failing to segregate entirely the section
				  of the cemetery dedicated to the interment of pets or the interment of human
				  remains and the pets of such deceased humans by means such as hedge, wall, tree
				  line, fence, roadway, or other similar physical barrier or boundary.
15. Permitting the interment of a an
				  uncremated pet in the same grave, crypt, or niche as the remains of a human.
16. If a cemetery company has a
				  section devoted to the interment of pets or the interment of human remains and
				  the pets of such deceased humans, any advertisements failing to clearly state
				  the cemetery company has such section or sections in its cemetery.
17. Failing to clearly mark the section or
				  sections devoted to the interment of pets or the interment of human remains and
				  the pets of such deceased humans with signage that is reasonably apparent to
				  the general public.
Statutory Authority: 54.1-201, 54.1-2312.01, and
						54.1-2313 of the Code of Virginia.