(A) The department shall enforce the provisions of this chapter and has the power to make investigations, subpoena witnesses and documents, require audits and reports, and conduct hearings as to violations of any provisions, and to promulgate regulations necessary to carry out the provisions of this chapter.
(B) Upon its own initiative or upon receipt of a complaint, the department shall investigate a funeral home, funeral director, individual, or business the department has reason to believe is acting as a provider without a license. In order to conduct its investigation, the department shall review the books, records, and accounts of: (1) a funeral home or funeral director licensed by the State Board of Funeral Service even if the funeral home or funeral director is not licensed to sell preneed funeral contracts, or (2) an individual or business the department has reason to believe is acting as a provider without a license. If the department discovers that a violation of this chapter has occurred by a funeral home, funeral director, individual, or business that is not licensed to sell preneed funeral contracts, the department may initiate an action for a violation of this chapter in the Administrative Law Court for a cease and desist order or assess an administrative fine not to exceed ten thousand dollars, or both. A person aggrieved by an order of the department may request a contested case hearing before the Administrative Law Court.
(C) Whether or not enforcement action is taken by the department, the department shall report a violation it discovers to the State Board of Funeral Service for an action pursuant to Section 40-19-110(12) and to the Attorney General, a circuit solicitor, or an appropriate law enforcement agency.
HISTORY: 1962 Code Section 11-178; 1973 (58) 339; 1989 Act No. 89, Section 1; 2004 Act No. 188, Section 5; 2009 Act No. 70, Section 1, eff July 1, 2009.
Effect of Amendment
The 2009 amendment, in subsections (A) and (B), substituted "department" for "board" and made nonsubstantive changes throughout; in subsection (B), rewrote the third sentence, substituting the provision at the end relating to cease and desist orders and administrative fines for a clause relating to reporting violations, and added the fourth sentence relating to requesting a contested case hearing; and designated and rewrote subsection (C) relating to reporting violations.