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23-61-1102. Creation — Members.

Arkansas Code — all titles (historical 2020) · legal_authorities

23-61-1102. Creation — Members.

23-61-1102. Creation — Members. (a) There is created within the State Insurance Department the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (b) The members of the board shall be: (1) Residents of this state; (2) At least twenty-one (21) years of age; and (3) Of good moral character. (c) The board shall be composed of nine (9) members as follows: (1)(A) The Insurance Commissioner or his or her designated deputy. (B) The commissioner or his or her designated deputy shall be a voting member of the board; and (2)(A) Eight (8) members appointed by the Governor and subject to confirmation by the Senate who shall serve terms of five (5) years. (B) Six (6) of the board members under subdivision (c)(2)(A) of this section shall include: (i)(a) Two (2) licensed embalmers or funeral directors, each of whom has had at least five (5) consecutive years of experience as an embalmer or funeral directors in this state immediately preceding his or her appointment to the board. (b) The Governor shall consult licensed embalmers and funeral directors before making an appointment under subdivision (c)(2)(B)(i)(a) of this section. (c) The Arkansas Funeral Directors Association, Incorporated, or its successor shall submit to the Governor a list containing the names of at least four (4) professionals under subdivision (c)(2)(B)(i)(a) of this section; (ii) Two (2) owners or operators of a licensed perpetual care cemetery in this state; and (iii) Two (2) professionals engaged in the operation of a burial association for at least five (5) consecutive years preceding his or her appointment to the board. (C)(i) The remaining two (2) members of the board shall be: (a) One (1) person from this state, appointed at large, to represent t

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-61-1102

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:23-61-1102
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8acafcb163f9cd52f94b481ed5334dff060f4b6644d766e9be5bb527c8b2d036

Source location: content.xml paragraph 29688

Stored source content

23-61-1102. Creation — Members. (a) There is created within the State Insurance Department the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (b) The members of the board shall be: (1) Residents of this state; (2) At least twenty-one (21) years of age; and (3) Of good moral character. (c) The board shall be composed of nine (9) members as follows: (1)(A) The Insurance Commissioner or his or her designated deputy. (B) The commissioner or his or her designated deputy shall be a voting member of the board; and (2)(A) Eight (8) members appointed by the Governor and subject to confirmation by the Senate who shall serve terms of five (5) years. (B) Six (6) of the board members under subdivision (c)(2)(A) of this section shall include: (i)(a) Two (2) licensed embalmers or funeral directors, each of whom has had at least five (5) consecutive years of experience as an embalmer or funeral directors in this state immediately preceding his or her appointment to the board. (b) The Governor shall consult licensed embalmers and funeral directors before making an appointment under subdivision (c)(2)(B)(i)(a) of this section. (c) The Arkansas Funeral Directors Association, Incorporated, or its successor shall submit to the Governor a list containing the names of at least four (4) professionals under subdivision (c)(2)(B)(i)(a) of this section; (ii) Two (2) owners or operators of a licensed perpetual care cemetery in this state; and (iii) Two (2) professionals engaged in the operation of a burial association for at least five (5) consecutive years preceding his or her appointment to the board. (C)(i) The remaining two (2) members of the board shall be: (a) One (1) person from this state, appointed at large, to represent the consumer community; and (b) One (1) person from this state who is at least sixty (60) years of age, appointed at large, to represent the elderly community. (ii) The members of the board under subdivision (c)(2)(C)(i) of this section shall not be actively engaged in or retired from the profession of embalming or funeral directing, the business of operating a burial association, or any other profession or occupation that is regulated by the board. (iii) The members of the board under subdivision (c)(2)(C)(i) shall be full voting members of the board. (d) The members of the board shall hold the first meeting within five (5) days after membership appointment and select one (1) member under subdivision (c)(2)(B) of this section as Chair of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services who shall serve a one-year term or until his or her successor is selected and qualified. (e) Each congressional district shall be represented by membership on the board. (f)(1) The length of the term for an initial member of the board under this section shall be staggered and set by the Governor. (2) After the completion of the terms of the initial members of the board under subdivision (f)(1) of this section, a member of the board shall serve for a term of five (5) years, and shall serve on the board until a successor is appointed and qualified. (3) A member of the board shall not be appointed to more than two (2) consecutive full terms. (g) A vacancy on the board due to the death, resignation, or other cause of an appointed member of the board shall be filled by appointment by the Governor for the unexpired portion of the term in the same manner as required for an initial appointment. (h) The presence of five (5) or more members of the board shall constitute a quorum. (i) A member of the board who has a financial interest in a matter before the board shall be disqualified from: (1) Participating in discussion pertaining to the matter; and (2) Voting on the matter. (j) A board member is eligible to receive expense reimbursement and stipends under § 25-16-901. (k) The Governor may remove any member of the board for incompetence, improper conduct, gross neglect, or malfeasance. (l)(1) Before entering upon duties of the board, members of the board shall take and subscribe to the oath prescribed by the Arkansas Constitution for state officers and shall file the subscribed oath in the office of the Secretary of State. (2) The Secretary of State shall issue a certificate of appointment for the new member of the board. (m) The board may make reimbursement of the necessary and reasonable travel, board, and lodging expenses of the board's employees, Executive Secretary of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, and auditors incurred in the performance of their official duties.

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Arkansas Code — all titles (historical 2020) · legal_authorities

25-16-901. Definitions — Limitations.

25-16-901. Definitions — Limitations. (a) For purposes of this subchapter, the term “state board” means every state board, commission, committee, council, task force, and similar entity except the General Assembly, the State Highway Commission, and the Arkansas State Game and Fish Commission. (b) This subchapter shall have no effect on the payment of mileage, expense reimbursement, and per diem authorized by law to be paid to members of the General Assembly, the State Highway Commission, and the Arkansas State Game and Fish Commission.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-901

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 25-16-901. This identifies an authority to review, not proof of applicability.