49 Pa. Code § 43b.6 - Schedule of civil penalties-funeral directors and funeral establishments

STATE BOARD OF FUNERAL DIRECTORS

Violation under 35 P. S.	Title/Description	Civil Penalty
Section 637.6(a)(1)	Failure of funeral establish-ment to post a sign as required under section 4 of the Clean Indoor Air Act (35 P. S. § 637.4)	1st offense-$250 2nd offense (within 1 year of 1st offense)-$500 3rd offense (within 1 year of 2nd offense)-$1,000 Subsequent offenses (within 1 year of previous offense)-$1,000
Section 637.6(a)(2)	Funeral establishment permitting smoking in the funeral establishment in violation of the Clean Indoor Air Act (35 P. S. §§ 637.1-637.11)	1st offense-$250 2nd offense (within 1 year of 1st offense)-$500 3rd offense (within 1 year of 2nd offense)-$1,000 Subsequent offenses (within 1 year of previous offense)-$1,000
Section 637.6(a)(3)	Licensee of the Board smoking in a funeral establishment in violation of the Clean Indoor Air Act	1st offense-$250 2nd offense (within 1 year of 1st offense)-$500 3rd offense (within 1 year of 2nd offense)-$1,000 Subsequent offenses (within 1 year of previous offense)-$1,000

Violation under 63 P. S.	Title/Description	Civil Penalty
Section 479.6	Failure to display licenses conspicuously	1st offense-$50 2nd offense-$250
Section 479.13	Practice without license	Any offense-$1,000

Violation under 49 Pa. Code Chapter 13	Title/Description	Civil Penalty
Section 13.83 Section 13.84 Section 13.194	Requirements for advertising of name of licensee	1st offense-$100 2nd offense-$250
Section 13.91	Operating funeral establish-ment without Board approval	Any offense-$1,000
Section 13.171	Use of preparation room for purposes other than embalm-ing or caring for remains	1st offense-$100 2nd offense-Formal action
Section 13.174	Preparation room facility and equipment requirements	1st offense-$100 per violation 2nd offense-$250 per violation
Section 13.182	Improper disposal of waste products including biohazardous waste	1st offense-$100 2nd offense-$500
Section 13.193	Advertising name of perm-anent supervisor	1st offense-$100 2nd offense-$250
Section 13.224	Failure to comply with reporting requirements for prepaid burial contracts	1st offense-$100 2nd offense-Formal action
Section 13.225	Failure to file affidavit for prepaid burial account	1st offense-$100 2nd offense-Formal action
Section 13.231	Practicing on a lapsed license	Up to 60 days-1st offense-Warning 60 days or more-$500 2nd offense-Formal action

Notes

49 Pa. Code § 43b.6

The provisions of this § 43b.6 amended December 21, 2012, effective 12/22/2012, 42 Pa.B. 7673.