Cemetery and Funeral ActDisciplinary Proceedings
Section § 7686
This law allows the bureau to suspend or take away a person's professional license if they're found guilty of certain wrongdoings. Before doing so, the person must be properly notified and given a chance to be heard. The process follows specific government rules.
Section § 7686.5
If someone wants to file a complaint against a licensed professional for wrongdoing, they must do it within two years of when the event happened. However, if the complaint is about fraud or lying, the rule changes. In these cases, the time limit to file starts when the issue is discovered by the bureau, and they have three years from this discovery to file.
Section § 7687
This law says that when the bureau gets a complaint, it can investigate the situation however it sees fit.
Section § 7688
If a cemetery license expires, is suspended, or is voluntarily given up, the director can help with investigations or legal actions against those involved with the cemetery, like the license holder or employees, especially if these actions are carried out by other law enforcement agencies.
Section § 7690
This law explains that if a licensed professional is found guilty of misconduct, the bureau can impose various penalties. These can include suspension or revocation of the right to practice, probation, public or private reproval, or other penalties the bureau sees fit.
Section § 7691
Section § 7692
If a funeral director or embalmer is caught lying or cheating in their work, they can face disciplinary action.
Section § 7692.5
This law says that if a funeral director or embalmer intentionally makes false or misleading claims about laws or rules related to burial preparation, transportation, or burial itself to get business, they can face disciplinary action.
Section § 7693
If you run a funeral business or work as a funeral director or embalmer in California, and you use false or misleading advertising, you can face disciplinary action against your professional license.
Section § 7694
This law makes it clear that if a funeral director or their team tries to drum up business by contacting people right after a death or when someone is about to die, they can face disciplinary action. However, doing general advertising is still allowed.
Section § 7695
This law section makes it clear that if a funeral home hires people to aggressively recruit or solicit business immediately after a death or when someone is about to die, it can face disciplinary action.
Section § 7696
This law says that if a funeral director or embalmer hires someone to specifically try to get business by targeting individuals or places that could refer deceased people to them, that is considered unprofessional and can lead to disciplinary action.
Section § 7697
This law states that it's against the rules for a funeral director or embalmer, or their staff, to buy a funeral business when someone has just died or is about to die. Additionally, offering or giving a commission for doing so is also forbidden. Anyone breaking this rule may face disciplinary action.
Section § 7699
If someone helps or supports a person who doesn't have a license to work as a funeral director or embalmer, that can lead to disciplinary measures against the helper.
Section § 7700
This law says that using bad or offensive language when handling a person's remains or during a funeral, especially if the family can hear it, can lead to disciplinary action against the person responsible.
Section § 7701
If someone who is licensed in a relevant field asks for or takes money for recommending a specific place to handle human remains, like a cremation site or cemetery, they can face disciplinary action.
Section § 7701.5
This law states that if someone with a professional license receives a commission, bonus, or rebate for recommending flowers from a specific florist for a funeral service, they can face disciplinary action. It's meant to ensure that recommendations are made without financial influence.
Section § 7702
It's against the rules to reuse a casket or parts of it if it has already been used with human remains. However, this doesn't apply to the outside hardware of the casket if it's not sold to the buyer or it's kept through a special agreement.
Section § 7703
If someone breaks any rule in this chapter or the associated regulations, they can face disciplinary action, meaning they might be penalized or have some consequences imposed.
Section § 7704
If you break any local or state rules about how human remains are treated, managed, or moved, you can be disciplined.
Section § 7705
If you lie or commit fraud to get a professional license, you can face disciplinary actions.
Section § 7706
This law states that if someone who is supposed to handle a deceased person’s remains or related documents doesn't give them to the right person when asked, they can face disciplinary action. In simpler terms, if you have someone's remains or important paperwork and don't hand them over to the family or designated person when they ask, you could get in trouble with the law.
Section § 7707
If someone is working in funeral directing or embalming and they act with extreme carelessness, show a severe lack of skill, or behave unprofessionally, they can face disciplinary action.
Section § 7708
This section explains that the bureau can refuse to give a license to a funeral-related business or professional if there's proof that the person applying has done something that would justify denying the license. A conviction record itself is enough evidence to support this decision.
Section § 7709
If someone is found guilty or pleads 'no contest,' it counts as a conviction according to this rule. The bureau has the power to suspend or revoke a license, or not issue one, once the time to appeal is over, or if the conviction is upheld in an appeal. This is true even if the person gets probation or if later actions, like changing their plea to 'not guilty,' setting aside the verdict, or dismissing the charges, are taken.
Section § 7711
If a funeral business or professional loses their license, they can apply to get it back. The licensing bureau will hold a hearing to consider the request, giving at least 10 days' notice to everyone involved. After reviewing all evidence, the bureau may decide to reinstate the license if it sees fit.
Section § 7711.1
Section § 7711.10
This law section explains that to get a renewal for a cemetery broker's license, the person must have had an active cemetery broker's license that wasn't revoked or suspended as of June 30 the previous fiscal year.
Section § 7711.11
This law defines who is eligible to receive a new cemetery salesperson's license. It is given to individuals who did not have any cemetery salesperson or broker license on their own, or as part of a company, as of June 30 before the fiscal year when the license is issued.
Section § 7711.12
If someone had a cemetery salesperson's or broker's license on June 30 of the last fiscal year, they can get that license renewed for the next fiscal year. This applies whether they held the license individually, were part of a partnership, or were an officer in a corporation.
Section § 7711.2
This statute explains that the bureau overseeing cemetery licensees can investigate and potentially suspend or revoke the license of any cemetery operator who has committed certain unethical or dishonest acts. These acts include making important false promises, acting for multiple parties without consent, mixing client funds with personal funds, demanding fees without proper agreements, hiding profit details from clients, and engaging in any fraudulent conduct. Essentially, it sets the rules to maintain honesty and transparency in cemetery-related transactions.
Section § 7711.3
If you own a cemetery business and have been convicted of a relevant crime, lied about your business, broken cemetery laws, or behaved in a way that would've stopped you from getting a license, the bureau could take away or suspend your license.
Section § 7711.4
If a salesperson is fired for breaking rules that justify disciplinary action, the employer must quickly file a detailed written report about it with the appropriate bureau. If the employer doesn't notify the bureau, they risk having their cemetery license temporarily suspended or permanently revoked.
Section § 7711.5
This law allows the bureau to take action against specific individuals connected to a cemetery's license. They can deny, suspend, or revoke the authorization for an officer or agent in a corporation, or a member in a partnership, without having to cancel the entire license of the organization.
Section § 7711.6
This law states that the fees for cemetery licenses remain consistent throughout the year, must be paid upfront, and are required at the time of applying for the license. The licenses are valid for one fiscal year and expire at midnight on June 30 each year.
Section § 7711.7
If you don't renew your license on time, you have to pay a late fee to get it renewed. If your license has been expired for over a year, you can't continue the work your license allows until you apply for a new license, pay the fee for a new license, and follow all the rules for getting a new one.
Section § 7711.8
This section specifies that the definitions provided are meant to be used only within this particular article, ensuring that terms are understood in the correct context.
Section § 7711.9
This section defines an original cemetery broker's license as one given to someone who wasn't licensed in this capacity the previous fiscal year by June 30.