[Rev. 11/22/2013 10:11:59 AM--2013]

[NAC-642 Revised Date: 8-06]

CHAPTER 642 - FUNERAL DIRECTORS, EMBALMERS AND OPERATORS OF CEMETERIES AND CREMATORIES

GENERAL PROVISIONS

642.010            Definitions.

642.030            Funeral establishment: “Inventory of funeral caskets” interpreted.

LICENSING AND FEES

642.080            Temporary authorization to engage in certain regulated activities while application is pending: Issuance; scheduling of application for action by Board.

642.090            Funeral director’s license: Transfer to different funeral establishment.

642.100            License to operate crematory: Payment of fees for renewal.

642.110            Certificate of authority to operate cemetery: Payment of fees for renewal.

642.120            Fees: Imposition and amount.

STANDARDS OF PRACTICE

642.150            Location for preparation of funerals.

642.160            Transportation of dead human bodies.

642.170            Grounds for disciplinary action: Misrepresentation of certain authority.

PRACTICE BEFORE THE NEVADA STATE FUNERAL BOARD

642.180            Procedure for disciplinary action.

642.200            Hearings: Location; conduct of participants; filing and service of briefs; continuance.

642.220            Failure to appear at hearing; application to reopen proceedings after failure to appear.

642.225            Oath or affirmation required for testimony.

642.230            Preliminary procedure.

642.235            Order of presentation: Generally.

642.240            Order of presentation: Consolidated hearing.

642.245            Stipulations.

642.250            Official notice by Board.

642.255            Decision or order by Board; service of decision or order; record of hearing.

642.260            Rehearing.

MISCELLANEOUS PROVISIONS

642.300            Apprentice embalmers: “Full-time employees” interpreted.

 

GENERAL PROVISIONS

      NAC 642.010  Definitions. (NRS 642.063)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 642.010 to 642.0175, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Funeral Bd. by R043-02, eff. 11-26-2003)

      NAC 642.030  Funeral establishment: “Inventory of funeral caskets” interpreted. (NRS 642.016, 642.063)  The Board interprets the term “inventory of funeral caskets,” as used in NRS 642.016, to mean an inventory that consists of one or more of the following:

     1.  A complete, full-size funeral casket.

     2.  A partial funeral casket, or cross section of a funeral casket, that:

     (a) Is executed in the same scale as a full-size casket; and

     (b) Includes a portion of a complete casket, and each significant feature or component thereof, sufficient to provide a prospective purchaser with information that is reasonably equivalent to that obtainable from inspection of a complete casket.

     3.  Photographs of one or more caskets available for viewing in the display room by means of a catalog or connection to the Internet.

     (Added to NAC by Funeral Bd. by R021-04, eff. 10-31-2005)

LICENSING AND FEES

      NAC 642.080  Temporary authorization to engage in certain regulated activities while application is pending: Issuance; scheduling of application for action by Board. (NRS 642.063, 642.515)

     1.  The Chairman of the Board will issue a temporary authorization pursuant to NRS 642.515, on behalf of the Board, if the applicant meets the requirements of that section and is applying for:

     (a) A license as a funeral director pursuant to NRS 642.340;

     (b) Approval to manage a funeral establishment pursuant to NRS 642.345;

     (c) A license to direct cremations or immediate burials pursuant to NRS 642.355; or

     (d) A permit to operate a funeral establishment pursuant to NRS 642.365.

     2.  The application of an applicant who is issued a temporary authorization pursuant to this section must be placed on the agenda of the meeting of the Board next following the approval of the temporary authorization for action by the Board.

     (Added to NAC by Funeral Bd. by R043-02, eff. 11-26-2003)

      NAC 642.090  Funeral director’s license: Transfer to different funeral establishment. (NRS 642.063, 642.345)

     1.  A person who is licensed as a funeral director may apply to the Board for approval to transfer his license from the funeral establishment which he has been approved to manage to a different funeral establishment.

     2.  An application submitted pursuant to this section must be on a form provided by the Board and must be accompanied by:

     (a) Payment or proof of payment of the renewal fee or the transfer fee set forth in subsection 3 of NAC 642.120; and

     (b) Proof satisfactory to the Board that the funeral establishment to which the applicant wishes to transfer has a valid permit to operate a funeral establishment.

     3.  Upon receipt and approval of the items described in subsection 2, the Board will approve a transfer pursuant to this section.

 

 

     4.  Upon approval by the Board of a transfer pursuant to this section, the applicant may not manage the funeral establishment from which his license was transferred unless he has otherwise been approved by the Board to manage more than one funeral establishment pursuant to subsection 2 of NRS 642.345.

     (Added to NAC by Funeral Bd. by R043-02, eff. 11-26-2003)

      NAC 642.100  License to operate crematory: Payment of fees for renewal. (NRS 642.063, 642.069)  Before February 1 of each year, a person who is licensed to operate a crematory pursuant to chapter 451 of NRS shall pay the fee set forth in subsection 7 of NAC 642.120 to renew his license. If he does not pay the required fee before February 1, the licensee shall pay the late fee set forth in subsection 7 of NAC 642.120 in addition to the renewal fee.

     (Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95; A by Funeral Bd. by R043-02, 11-26-2003)

      NAC 642.110  Certificate of authority to operate cemetery: Payment of fees for renewal. (NRS 642.063, 642.069)  Before February 1 of each year, a person who holds a certificate of authority to operate a cemetery issued pursuant to chapter 452 of NRS shall pay the fee set forth in subsection 6 of NAC 642.120 to renew his certificate. If he does not pay the required fee before February 1, the holder of the certificate shall pay the late fee set forth in subsection 6 of NAC 642.120 in addition to the renewal fee.

     (Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95; A by Funeral Bd. by R043-02, 11-26-2003)

      NAC 642.120  Fees: Imposition and amount. (NRS 451.640, 452.026, 452.310, 642.063, 642.069, 642.0696)  The Board will charge and collect the following fees:

     1.  For a permit to operate a funeral establishment:

     (a) Initial application.....................................................................................................        $375

     (b) Annual renewal........................................................................................................          200

     (c) Late renewal............................................................................................................          275

     2.  For a license to conduct direct cremations or immediate burials:

     (a) Initial application.....................................................................................................        $375

     (b) Annual renewal........................................................................................................          200

     (c) Late renewal............................................................................................................          275

     (d) Placement of license in inactive status....................................................................          175

     (e) Reactivation of license in inactive status.................................................................          175

     3.  For a funeral director’s license:

     (a) Initial application.....................................................................................................        $375

     (b) Annual renewal........................................................................................................          200

     (c) Late renewal............................................................................................................          275

     (d) Examination fee......................................................................................................          375

     (e) Application to modify a license pursuant to subsection 2 of NRS 642.345............          100

     (f) Placement of license in inactive status....................................................................          175

     (g) Reactivation of license in inactive status.................................................................          175

     (h) Transfer of license to another funeral establishment...............................................          225

     4.  For a certificate of registration as a registered apprentice in the profession of embalming:

     (a) Annual fee...............................................................................................................          $75

     (b) Late renewal............................................................................................................          275

     5.  For a license to practice the profession of embalming:

     (a) Initial application ....................................................................................................        $375

     (b) Examination fee.......................................................................................................          375

     (c) Issuance of a license to a practitioner who is licensed in another state...................          200

     (d) Annual renewal.......................................................................................................          200

     (e) Late renewal............................................................................................................          275

     (f) Placement of license in inactive status....................................................................        $175

     (g) Reactivation of license in inactive status.................................................................          175

     6.  For a certificate of authority to operate a cemetery:

     (a) Initial application.....................................................................................................     $1,000

     (b) Annual renewal........................................................................................................          250

     (c) Late renewal............................................................................................................          275

     (d) Application to change control of existing cemetery................................................          375

     (e) Investigation fee for application to change control of existing cemetery................          250

     7.  For a license to operate a crematory:

     (a) Initial application.....................................................................................................        $375

     (b) Annual renewal........................................................................................................          250

     (c) Late renewal............................................................................................................          275

     (d) Application to change ownership of existing crematory.........................................          375

     8.  Deactivation and reactivation of a license, certificate or permit, other than a license to practice the profession of embalming, a funeral director’s license or a license to conduct direct cremations or immediate burials................................................................................................................        $175

     9.  Duplicate license, certificate or permit....................................................................          $75

     (Added to NAC by Funeral Bd. by R043-02, eff. 11-26-2003)

STANDARDS OF PRACTICE

      NAC 642.150  Location for preparation of funerals. (NRS 642.063, 642.340)

     1.  Except as otherwise provided in subsection 2, a licensed funeral director shall not engage in the business of preparing for funerals at a place of business which is not the specific street address or location of the fixed place or establishment where the funeral director conducts his business.

     2.  Upon the request of a member of the family of a dead person, a funeral director may prepare for a funeral at the home of a member of the family or another location designated by a member of the family.

     (Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)—(Substituted in revision for NAC 642.115)

      NAC 642.160  Transportation of dead human bodies. (NRS 451.640, 642.063)

     1.  A licensed funeral director, or a person who holds a license to conduct direct cremations or immediate burials, may transport a dead human body if it is embalmed and prepared by a licensed embalmer.

     2.  A licensed funeral director may transport a dead human body that is not embalmed if the body is:

     (a) Sealed in a container that is approved by the Board; and

     (b) Transported in a properly licensed motor vehicle or aircraft owned, operated, chartered or leased by a licensed funeral director or mortuary.

     3.  This section does not apply to the immediate transportation of a dead human body to the care of a funeral establishment.

     (Added to NAC by Funeral Bd. by R021-04, eff. 10-31-2005)

      NAC 642.170  Grounds for disciplinary action: Misrepresentation of certain authority. (NRS 642.063, 642.470, 642.515)

     1.  For the purpose of taking disciplinary action, pursuant to NRS 642.470, against a person who holds a funeral director’s license, a permit to operate a funeral establishment or a license to conduct direct cremations or immediate burials, the term:

     (a) “Unprofessional conduct” includes, in addition to the conduct set forth in NRS 642.480, stating or implying that the holder of the license or permit is willing to carry out a duty for which a license or permit is required pursuant to chapter 642 of NRS if that duty is not authorized by the holder’s license or permit. For example, advertising in any form, including, without limitation, signs, telephone books, newspapers, messages conveyed by telephone, television, electronic mail and other electronic or photographic means, that states or implies that a proposed funeral establishment is an operating funeral establishment before the Board has issued all licenses and permits necessary for the operation of the establishment.

     (b) “False or misleading advertising” includes, in addition to the conduct set forth in NRS 642.490, advertising that states or implies that the holder of the license or permit is willing to carry out a duty for which a license or permit is required pursuant to chapter 642 of NRS if that duty is not authorized by the holder’s license or permit. For example, advertising in any form, including, without limitation, signs, telephone books, newspapers, messages conveyed by telephone, television, electronic mail and other electronic or photographic means, that states or implies that a proposed funeral establishment is an operating funeral establishment before the Board has issued all licenses and permits necessary for the operation of the establishment.

     2.  For the purposes of this section, an applicant for a license or permit who obtains, pursuant to NRS 642.515, a temporary authorization to carry out the duties authorized by the license or permit for which he has applied shall be deemed a holder of that license or permit.

     (Added to NAC by Funeral Bd. by R021-04, eff. 10-31-2005)

PRACTICE BEFORE THE NEVADA STATE FUNERAL BOARD

      NAC 642.180  Procedure for disciplinary action. (NRS 642.060, 642.063)

     1.  Any person may file an informal complaint with the Board concerning the acts of a licensee or services provided by a licensee. Such an informal complaint filed with the Board must be on a form provided by the Board and include information that is sufficiently detailed to enable the respondent to prepare a response.

     2.  Upon receipt of an informal complaint, the staff shall examine the complaint to determine whether it:

     (a) Has been properly verified; and

     (b) Alleges sufficient facts to warrant further proceedings.

     3.  If the staff determines that the informal complaint against a licensee has been properly verified and alleges sufficient facts to warrant further proceedings, the staff shall notify the respondent by sending a copy or summary of the informal complaint to the licensee by certified mail. The notification must set forth the potential violations of a provision of this chapter or chapter 451 or 452 of NAC or chapter 451, 452 or 642 of NRS arising in the informal complaint and request a response for the review by the Board before a hearing is set. The transmission of the copy or summary of the informal complaint will be deemed to be a notice of intended action pursuant to subsection 3 of NRS 233B.127.

     4.  Upon the receipt of a copy or summary of an informal complaint that has been filed against him, a licensee shall submit to the Board a written response to the informal complaint within 15 days after the date on which the informal complaint was served. A response to an informal complaint must respond to the allegations made in the informal complaint and be accompanied by all documentation that would be useful to the staff and legal counsel in their review of the allegations made in the informal complaint and the responses made by the licensee to those allegations. Failure by a licensee to cooperate with the Board during an investigation of an informal complaint, including, without limitation, failing to respond timely to the Board regarding a copy or summary of the informal complaint sent to the licensee by the staff pursuant to this subsection, is a ground for disciplinary action by the Board against the licensee.

     5.  If a licensee fails to respond as required pursuant to subsection 4, he shall be deemed to have admitted the allegations in the informal complaint. Based on these admissions, the Board may impose appropriate discipline on the licensee at the hearing on the informal complaint.

     6.  In cases where a response is filed as required pursuant to subsection 4, the staff shall review the informal complaint and the responses made thereto, may enlist the aid of a member of the Board or other qualified persons in the review and may take any other reasonable action necessary to further the review. After their review of the informal complaint and the responses made thereto, the staff may:

     (a) Investigate the allegations and employ such persons as they deem necessary to further the investigations;

     (b) Consult with experts in the appropriate field, including, without limitation, employing such persons for the purposes of an investigation or a hearing;

     (c) Investigate new leads and allegations that may come to their knowledge in the course of the investigation;

     (d) Enlist the aid of a member of the Board or other qualified person in the conduct of the investigation; and

     (e) Take any other reasonable action necessary to further the investigation.

     7.  During an investigation of an informal complaint, the staff, or investigator, if any, may demand that a licensee produce his records or other evidence for inspection or copying, with or without prior notice to the licensee, and with or without a subpoena. A licensee shall not deny any such request for records or other evidence if such records or other evidence is not protected by a claim of confidentiality authorized by law. If a licensee refuses or fails to cooperate with a request for records in violation of this subsection, the Board may immediately suspend his license or certificate until the licensee complies with the request for records or other evidence. If the licensee continues to refuse or fail to cooperate with a request for records or other evidence in violation of this section, the Board may take such further disciplinary action against the licensee as the Board determines necessary.

     8.  If the staff, or investigator, if any, determines that a specific record or other specific evidence is material to or necessary for an investigation, the staff or investigator may remove the record or evidence and provide a copy of the record or evidence to the respondent. If a record or other evidence can be readily copied at the location where the record or evidence is located, the staff or investigator shall make a copy of the record and evidence at that location. If a record or other evidence cannot be readily copied at the location where the record or evidence is located, the staff or investigator may remove the record or evidence from that location to copy the record or evidence. If the staff or investigator removes a record or other evidence to be copied, the staff or investigator shall provide the person to whom the record or evidence being removed belongs with a receipt for the record or evidence and, not later than 5 business days after the record or evidence is removed, provide a copy of the record or evidence to that person.

     9.  When an investigation of an informal complaint is complete, the staff, and investigator, if any, shall determine whether substantial evidence exists to sustain the alleged violation of a statute or regulation set forth in the informal complaint. If the staff and investigator determine that no allegation of a violation of a statute or regulation set forth in the informal complaint can be sustained, the staff shall notify, in writing, the complainant and the respondent of this determination. If the staff and investigator determine that a violation of a statute or regulation as alleged in the informal complaint can be sustained, the staff and investigator shall inform the legal counsel of such a determination. The legal counsel shall:

     (a) Offer mediation to the respondent, a settlement agreement, stipulation of facts and liability or an informal hearing; or

     (b) Prepare a notice of hearing and a formal complaint.

     10.  A notice of hearing and a formal complaint must:

     (a) Be a plain statement of the facts and applicable provisions of statutes and regulations regarding the alleged acts of the respondent alleged to be in violation of the statutes and regulations governing the profession of the licensee;

     (b) Include the date, time and place that the Board will hear the matter, if this information is known at the time when the notice of hearing and a formal complaint is sent to the respondent; and

     (c) Be signed by the legal counsel and, if a member of the Board was active in the investigation, by that member of the Board.

     11.  The staff shall send, by certified mail, a notice of hearing and a formal complaint prepared pursuant to subsection 10 to the respondent named in the notice of hearing and the formal complaint.

     12.  A respondent who receives a notice of hearing and a formal complaint shall file his answer to the notice of hearing and the formal complaint not later than 15 days after the date on which he received the notice of hearing and the formal complaint. An answer to a notice of hearing and a formal complaint filed by a respondent must include a response to each allegation and statement made in the notice of hearing and the formal complaint by either admitting to or denying the allegation or statement. If the licensee fails to file an answer as required pursuant to this subsection, he shall be deemed to have admitted each allegation and statement contained in the notice of hearing and the formal complaint. Based on these admissions, the Board may enter a finding and impose appropriate discipline on the licensee in the same manner as if the allegations had been proven by substantial evidence at a hearing of the Board held on the formal complaint.

     13.  Not later than 10 days after the filing of the response by the respondent, the legal counsel and the respondent shall exchange a list of the evidence and witnesses that will be used at the hearing. A party may not present evidence it obtains after the date the exchange was required pursuant to this subsection unless it demonstrates to the Board that the evidence or witness was not available upon diligent investigation before the date the exchange was required and that the evidence or witness was given or communicated to the other party immediately after it was obtained.

     14.  The Board may join two or more formal complaints into one formal complaint if:

     (a) The causes of action of each formal complaint are against the same person and deal with substantially the same or similar violations of statutes and regulations; and

     (b) The joining of the formal complaints will serve the best interest of the Board, complainant and respondent.

     15.  A petition filed pursuant to NRS 642.500 will be processed pursuant to the provisions of this section.

     16.  As used in this section:

     (a) “Legal counsel” means the legal counsel of the Board.

     (b) “Licensee” means a person licensed by the Board or holding a permit issued pursuant to the provisions of chapter 451, 452 or 642 of NRS.

     (c) “Staff” means the staff of the Board.

     (Added to NAC by Funeral Bd. by R043-02, eff. 11-26-2003)

      NAC 642.200  Hearings: Location; conduct of participants; filing and service of briefs; continuance. (NRS 642.060, 642.063)

     1.  All hearings conducted by the Board pursuant to NRS 642.140 or 642.500 will be held at a place in the State designated by the Board in the notice of the hearing.

     2.  All persons who attend a hearing shall conduct themselves in a respectful manner.

     3.  The Board may require each party to file a brief accompanied by proof of service of the brief to the opposing party.

     4.  Before or during a hearing, the Board may grant a continuance of a hearing, upon proper showing, to allow submission of additional evidence concerning any relevant matter.

     (Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)

      NAC 642.220  Failure to appear at hearing; application to reopen proceedings after failure to appear. (NRS 642.060, 642.063)

     1.  If a person against whom a charge or petition was filed does not appear at a hearing and a continuance has not been approved by the Board, the Board may hear the testimony of witnesses present at the hearing and consider and dispose of the charge or petition on the basis of the evidence before it.

     2.  If a person does not appear at a hearing because of illness, involvement in an accident, or for other reasonable cause, he may within 15 days after the date of the hearing apply to the Secretary of the Board to reopen the proceedings. If the Board determines that the reason for the absence was sufficient and reasonable, it will immediately set a time and place for a hearing and give the person notice of the hearing.

     (Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)

      NAC 642.225  Oath or affirmation required for testimony. (NRS 642.060, 642.063)  All testimony considered by the Board at a hearing, except facts which have been noticed by the Board or entered into the record by stipulation of the parties, must be sworn testimony. Each witness shall declare, by oath or affirmation, that he will testify truthfully.

     (Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)

      NAC 642.230  Preliminary procedure. (NRS 642.060, 642.063)  The member of the Board who is presiding at a hearing will call the hearing to order, take the appearances of the parties and act upon any pending motions or petitions. The parties may then make opening statements.

     (Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)

      NAC 642.235  Order of presentation: Generally. (NRS 642.060, 642.063)

     1.  Evidence at a hearing will ordinarily be received from the parties in the following order:

     (a) The Board or person who filed the charge or petition.

     (b) Members of the staff of the Board, if different from the petitioner.

     (c) The respondent.

     (d) Rebuttal by the person who filed the charge or petition.

     (e) If permitted by the Board, closing statements.

     2.  The Board may modify the order in which evidence is received.

     (Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)

      NAC 642.240  Order of presentation: Consolidated hearing. (NRS 642.060, 642.063)  The member of the Board presiding over a consolidated hearing will determine the order of evidence for the hearing.

     (Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95; A by Funeral Bd. by R043-02, 11-26-2003)

      NAC 642.245  Stipulations. (NRS 642.060, 642.063)  The Board may allow the parties to stipulate to any fact at issue in the hearing, either by written stipulation introduced in evidence as an exhibit or by an oral agreement stipulated in the record. A stipulation is binding upon all parties who stipulated to the fact and will be treated as evidence at the hearing, except that the Board may require evidence of the facts stipulated to by the parties.

     (Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)

      NAC 642.250  Official notice by Board. (NRS 642.060, 642.063)  In addition to the facts which may be noticed pursuant to NRS 233B.123, the Board may take notice of any regulations, official reports, decisions, orders, standards or records of the Board, any agency of the State or any court.

     (Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)

      NAC 642.255  Decision or order by Board; service of decision or order; record of hearing. (NRS 642.060, 642.063)

     1.  A charge or petition stands submitted for a decision by the Board after the hearing is complete.

     2.  Except as otherwise provided by specific statute, a decision or order will be rendered by the Board within 90 days after completion of the hearing.

     3.  The Board will serve a decision or order on the parties or their representatives by sending a copy by certified mail or by personal service. Additional copies of the decision or order may be obtained upon written request to the Board.

     4.  A person may obtain a copy of the record of the hearing from the Board.

     (Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)

      NAC 642.260  Rehearing. (NRS 642.060, 642.063)

     1.  Within 15 days after the Board renders a decision or order, the aggrieved party may apply for a rehearing by filing a written petition which sets forth the grounds for a rehearing. While the petition for a rehearing is pending, the aggrieved party shall comply with the decision or order of the Board, except upon order of the Board.

     2.  The Board will make a decision on a petition for a rehearing within 30 days after the effective date of the order or decision upon which the rehearing is requested. If the Board does not make a decision on the petition for a rehearing within 30 days, the petition shall be deemed denied.

     3.  The Board may order a rehearing on its own motion within 30 days after it renders a decision if it discovers that a mistake, fraud or misconception of fact existed when it rendered the original decision or order.

     4.  The Board will conduct a rehearing in accordance with the procedure for hearings.

     (Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)

MISCELLANEOUS PROVISIONS

      NAC 642.300  Apprentice embalmers: “Full-time employees” interpreted. (NRS 642.063, 642.180)  The Board interprets the term “full-time employees,” as used in NRS 642.180, to mean employees who work not less than 32 hours a week.

     (Added to NAC by Funeral Bd. by R021-04, eff. 10-31-2005)