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17-29-307. Revocation.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-29-307. Revocation.
(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may refuse to renew, or may suspend or revoke, a license issued under this subchapter if it finds, after a hearing, that a person or a funeral establishment licensed under this subchapter does not meet any requirement under this subchapter or § 23-61-1101 et seq.
(b) A new license shall not be issued to an individual or an owner of a funeral establishment or to a corporation controlled by that owner for at least one (1) year after the revocation of the license.
(c)(1) The board may temporarily suspend a license without a hearing if the board determines that the public health, safety, or welfare requires immediate action.
(2) If the board temporarily suspends a license under subdivision (c)(1) of this section, the board shall notify the licensee immediately by certified mail of the temporary suspension and the date, time, and location of the hearing to be held under subdivision (c)(3) of this section.
(3) If a license is temporarily suspended under subdivision (c)(1) of this section, a hearing on the suspension of the license shall be held within ten (10) days of the temporary suspension of the license.
(d)(1) Based on the information contained in the complaint submitted against a licensee, the board may suspend the license issued under this subchapter without a hearing five (5) days after sending written notice by certified mail, nonrestricted delivery, to the licensee if the licensee:
(A) Does not have the required proof of general liability insurance on file with the board; or
(B) Refuses to submit to an audit or inspection by the board under this chapter.
(2) A suspension of a license under subdivision (d)(1) of this section shall not exceed s
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-29-307
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:17-29-307
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1594124d3d450646f9cf45c4e72918d62bc3e7bae1ef4f18009166a9651b0bcb
Source location: content.xml paragraph 10030
Stored source content
17-29-307. Revocation.
(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may refuse to renew, or may suspend or revoke, a license issued under this subchapter if it finds, after a hearing, that a person or a funeral establishment licensed under this subchapter does not meet any requirement under this subchapter or § 23-61-1101 et seq.
(b) A new license shall not be issued to an individual or an owner of a funeral establishment or to a corporation controlled by that owner for at least one (1) year after the revocation of the license.
(c)(1) The board may temporarily suspend a license without a hearing if the board determines that the public health, safety, or welfare requires immediate action.
(2) If the board temporarily suspends a license under subdivision (c)(1) of this section, the board shall notify the licensee immediately by certified mail of the temporary suspension and the date, time, and location of the hearing to be held under subdivision (c)(3) of this section.
(3) If a license is temporarily suspended under subdivision (c)(1) of this section, a hearing on the suspension of the license shall be held within ten (10) days of the temporary suspension of the license.
(d)(1) Based on the information contained in the complaint submitted against a licensee, the board may suspend the license issued under this subchapter without a hearing five (5) days after sending written notice by certified mail, nonrestricted delivery, to the licensee if the licensee:
(A) Does not have the required proof of general liability insurance on file with the board; or
(B) Refuses to submit to an audit or inspection by the board under this chapter.
(2) A suspension of a license under subdivision (d)(1) of this section shall not exceed sixty (60) days without a hearing.
(e) A hearing under this section and an appeal of the board's decision to suspend a license under this section are governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-61-1101. Definitions.
As used in this subchapter:
(1) “Burial association” means:
(A) A person, firm, association, copartnership, corporation, company, or other organization that, from and after February 18, 1953:
(i) Undertakes for consideration paid by or on behalf of its members to defray all or a part of the funeral expenses of the members;
(ii) Furnishes or undertakes to furnish merchandise, supplies, and services or any other character of burial benefits to the members; or
(iii) Issues a certificate that provides for the payment of funeral benefits to the members in services, merchandise, or supplies, including the services of funeral directors and embalmers; and
(B) Every person, firm, association, copartnership, corporation, or company that, before February 18, 1953, has:
(i) Undertaken for a consideration to pay money to its contributors for the purpose of defraying all or part of the funeral expenses of a deceased person;
(ii) Furnished or has undertaken to furnish supplies and services or any other character of burial benefits to the contributing person or to his or her beneficiaries or members of his or her family; or
(iii) Issued any form of contract or certificate that, under its terms, provides for the payment of funeral benefits in money, services, or supplies, including the services of undertakers or embalmers;
(2) “Care and maintenance” means the continual maintenance of the cemetery grounds and graves in keeping with a properly maintained cemetery;
(3)(A) “Cemetery” means any land or structure in this state dedicated to and used or intended to be used for interment of human remains.
(B) “Cemetery” includes a:
(i) Burial park for earth interments;
(ii) Mausoleum for vault or crypt interments; or
(iii) Combination of on
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-61-1101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-61-1101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-15-201. This identifies an authority to review, not proof of applicability.