It shall be the duty of the Board or its designee to
investigate or prefer charges, or both, upon finding of cause, against any
licensee who is accused of violating any law, rule, or regulation of the State
Board of Funeral Service or is accused of gross or willful malpractice of the
practice of funeral service or funeral directing, or the science of embalming.
Upon initiation of such investigation written certified notice shall be given
to the license of the alleged violations(s):
1. Whenever the Board shall have cause to
believe that any person to whom a license has been issued has become unfit to
practice as a funeral service or funeral directing licensee, or has violated
any of the provisions of Section
73-11-41
et. seq. of the Mississippi Code Annotated, 1972, as amended or any rule or
regulation of the Board, or whenever written complaint, on forms furnished by
the Board, charging the holder of a license with the violation of any provision
of Section
73-11-41
et. seq. of the Mississippi Code Annotated, 1972, as amended, or any rule or
regulation prescribed, is filed with the Board, it shall be the duty of the
Board to conduct an investigation. Upon receipt of notification to a formal
complaint the licensee must make a written response to the complaint within
twenty (20) days from receipt thereof. Failure to respond to the complaint
shall be deemed as admission of the allegations contained therein.
2. If from such investigation it shall appear
to the Board that there is cause to suspect that the alleged violations have
been committed, the licensee shall be notified by the certified mail of the
alleged facts and violations and that these allegations could lead to
suspension or revocation of his license. The Board may, after notice of hearing
and upon satisfactory proof that the applicant or licensee is guilty of the
violations enumerated in the notice the Board shall take such action as is
deemed appropriate by the Board. In addition to any penalty levied by the Board
the respondent shall be assessed with the costs of the hearing, including the
cost of service of process, court reporters, expert witnesses and
investigators. If the licensee acknowledges the alleged violations in writing,
then no hearing shall be required and the Board shall take such action as it
deems appropriate. Any member of the Board shall have the right to administer
oaths to witnesses.
3. If the
agency finds that the public health, safety or welfare imperatively requires
emergency action and incorporates a finding to that effect in its order,
summary suspension of a license may be ordered pending proceedings for
revocation or other action. These proceedings shall be promptly instituted and
determined.
4. The Board chair may
grant a continuance of a hearing for good cause shown. Requests for
continuances will be made in writing. The request must state the grounds to be
considered and be made as soon as practicable and, except in cases of
emergencies, no later than five (5) days prior to the date noticed for the
hearing The Board will grant no more than two (2) continuances.
5. Appeals of the decisions of the Board
shall be perfected in a manner consistent with Section
73-11-57
of the Mississippi Code of 1972, amended. The expenses of the appeal shall be
borne by the appealing party.
6.
Appeals of the decisions of the Board shall be made according to Section
73-11-57
of the Mississippi Code of 1972, as amended.
