Monetary Penalties

Question 1

Definition: means monetary fine

Answer 1

Penalty

**the Board can not exceed $5,000 against any mortuary science practitioner licensee in the state if, after a hearing, the Board finds there are grounds to suspend or revoke a license

Question 2

A penalty of not less than $100 or more than $2,500 may be imposed by the Board on a licensee found in violation of any of the following:

Answer 2

1. false or misleading advertising
2. Directly or indirectly paying or offering to obtain business
3. Soliciting or accepting any payment or rebate for recommending any third party service
4. Practicing mortuary Science under a name other than the name that appears on the license
5. Violating any regulation adopted by the Board

Question 3

A penalty of not less than $200 or more than $3,500 may be imposed by the Board on a licensee found in violation of any of the following:

Answer 3

1. Soliciting business from a dying individual or families not through advertising
2. refusing to surrender custody of a dead body
3. Failing to give the written statement required at the time funeral arrangements are made
4. Violating any state, municipal, county law, rule or regulation on handling, transporting or the disposal of a body
5. willfully failing, impeding or inducing another to fail to file or record a report
6. performing under the influence of drugs and alcohol
7. failure to allow inspection

Question 4

A penalty of not less than $500 or more than $5,000 may be imposed by the Board on a licensee found in violation of any of the following:

Answer 4

1. Fraudulently or deceptively obtaining a license
2. Committing fraud or misrepresentation
3. Conviction to a felony or to a crime involving moral turpitude
4. Aiding and abetting an unauthorized person in the practice of mortuary science
5. failure to refund promptly any payments received under a preneed contract
6. Willfully making or filing a false report or record
7. submitting a false statement to collect a fee
8. being professionally, physically, or mentally incompetent
9. refusing, withholding from, denying against an individual with regard to being HIV positive
10. failing to comply with CDC guidelines
11. Failing to comply with inspection requirements in the time specified by the Board
12. Sexual misconduct in any manner

Question 5

In those cases in which the Board determines that the imposition of a penalty is appropriate, the Board shall take into consideration the following factors, without limitations, in determining the amount of penalty:

Answer 5

1. the extent to which the licensee derived any financial benefit from unprofessional or improper conduct
2. The willfulness of the unprofessional or improper conduct
3. The extent of actual or potential public harm caused by the unprofessional or improper conduct
4. the cost of investigating and prosecuting the case against the licensee

Question 6

If a licensee fails to pay, in whole or in part, a penalty imposed by the Board pursuant to these regulations, the Board may not restore, reinstate, or renew a license until __________

Answer 6

the penalty is paid in full

Question 7

In its discretion, the Board may refer all cases of delinquent payment to the Central Collection Unit of the _____________ to institute and maintain proceedings to ensure prompt payment

Answer 7

Department of Budget and Fiscal Planning

Question 8

The Board shall pay all monies collected to these regulations into the _______ general fund

Answer 8

State