Section § 7686

Explanation

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.

The bureau may suspend or revoke licenses, after proper notice and hearing to the licensee, if the licensee has been found guilty by the bureau of any of the acts or omissions constituting grounds for disciplinary action. The proceedings under this article shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the bureau shall have all the powers granted therein.

Section § 7686.5

Explanation

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.

All accusations against licensees shall be filed with the bureau within two years after the performance of the act or omission alleged as the ground for disciplinary action; provided, however, that the foregoing provision shall not constitute a defense to an accusation alleging fraud or misrepresentation as a ground for disciplinary action. The cause for disciplinary action in such case shall not be deemed to have accrued until discovery, by the bureau, of the facts constituting the fraud or misrepresentation, and, in such case, the accusation shall be filed within three years after such discovery.

Section § 7687

Explanation

This law says that when the bureau gets a complaint, it can investigate the situation however it sees fit.

Upon receipt of a complaint, the bureau may make or cause to be made such investigation as it deems necessary.

Section § 7688

Explanation

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.

Notwithstanding any law, in the event of expiration or suspension of a license by operation of law or by order or decision of the director or a court of law, or the voluntary surrender of a license by a cemetery licensee, cemetery owner, cemetery operator, or holder of a cemetery certificate of authority, the director may coordinate and assist with any investigation of or action or criminal proceedings against the cemetery licensee and its officers, agents, or employees that is conducted by another law enforcement entity.

Section § 7690

Explanation

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.

The bureau may discipline every accused licensee whose default has been entered or who has been tried and found guilty, after formal hearing, of any act or omission constituting a ground for disciplinary action.
Any of the following penalties may be imposed by the bureau:
(a)CA Business & Professions Code § 7690(a) Suspension of the disciplinary order.
(b)CA Business & Professions Code § 7690(b) Reproval, public or private.
(c)CA Business & Professions Code § 7690(c) Probation.
(d)CA Business & Professions Code § 7690(d) Suspension of the right to practice.
(e)CA Business & Professions Code § 7690(e) Revocation of the right to practice.
(f)CA Business & Professions Code § 7690(f) Such other penalties as the bureau deems fit.

Section § 7691

Explanation
If someone with a professional license is found guilty of a crime that's closely tied to their job responsibilities, this can lead to discipline against their license. The official record of the conviction is enough proof of the crime.
Conviction of a crime substantially related to the qualifications, functions and duties of the license holder in question constitutes a ground for disciplinary action. The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction.

Section § 7692

Explanation

If a funeral director or embalmer is caught lying or cheating in their work, they can face disciplinary action.

Misrepresentation or fraud in the conduct of the business or the profession of a funeral director or embalmer constitutes a ground for disciplinary action.

Section § 7692.5

Explanation

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.

Any false or misleading statement regarding any law or regulation pertaining to the preparation for burial, transportation for burial, or burial of the dead, made wilfully by a licensee to obtain business as a funeral director or embalmer, constitutes a ground for disciplinary action.

Section § 7693

Explanation

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.

False or misleading advertising as a funeral establishment, funeral director, or embalmer constitutes a ground for disciplinary action.

Section § 7694

Explanation

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.

Solicitation, after a death or while a death is impending, of funeral directing or embalming business by the licensee, or by the agents, assistants or employees of the licensee, when such solicitation is authorized or ratified by the licensee, constitutes a ground for disciplinary action. This section does not prohibit general advertising.

Section § 7695

Explanation

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.

Employment by the licensee of persons known as “cappers” or “steerers” or “solicitors,” or other such persons to solicit, after a death or while a death is impending, funeral directing or embalming business constitutes a ground for disciplinary action.

Section § 7696

Explanation

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.

Employment, directly or indirectly, of any apprentice, agent, assistant, embalmer, employee or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence human remains may be turned over to a particular funeral director or embalmer constitutes a ground for disciplinary action.

Section § 7697

Explanation

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.

The buying, after a death or while a death is impending, of funeral directing and embalming business by the licensee, the licensee’s agents, assistants or employees, or the direct or indirect payment, or offer of payment, of a commission by the licensee, the licensee’s agents, assistants or employees for the purpose of such buying of business, constitutes a ground for disciplinary action.

Section § 7699

Explanation

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.

Aiding or abetting an unlicensed person to practice funeral directing or embalming constitutes a ground for disciplinary action.

Section § 7700

Explanation

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.

Using profane, indecent, or obscene language in the course of the preparation for burial, removal, or other disposition of, or during the funeral service for, human remains, or within the immediate hearing of the family or relatives of a deceased, whose remains have not yet been interred or otherwise disposed of constitutes a ground for disciplinary action.

Section § 7701

Explanation

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.

Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing human remains to be disposed of in any crematory, mausoleum or cemetery constitutes a ground for disciplinary action.

Section § 7701.5

Explanation

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.

Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing the purchase of flowers from any particular florist or dealer in flowers, for use in connection with a funeral service, constitutes a ground for disciplinary action.

Section § 7702

Explanation

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.

Using any casket or part of a casket which has previously been used as a receptacle for, or in connection with the burial or other disposition of, human remains constitutes a ground for disciplinary action; provided, however, this section shall not apply to exterior casket hardware which is not sold to the purchaser, or where same is reserved by contract.

Section § 7703

Explanation

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.

Violation of any of the provisions of this chapter or of the rules and regulations adopted pursuant to this chapter constitutes a ground for disciplinary action.

Section § 7704

Explanation

If you break any local or state rules about how human remains are treated, managed, or moved, you can be disciplined.

Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of human remains constitutes a ground for disciplinary action.

Section § 7705

Explanation

If you lie or commit fraud to get a professional license, you can face disciplinary actions.

Fraud or misrepresentation in obtaining a license constitutes a ground for disciplinary action.

Section § 7706

Explanation

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.

Refusing to surrender promptly the custody of human remains, the personal effects, and any certificate or permit required under Division 102 (commencing with Section 102100) of the Health and Safety Code that is in the possession or control of the licensee upon the express order of the person lawfully entitled to custody of the human remains constitutes a ground for disciplinary action.

Section § 7707

Explanation

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.

Gross negligence, gross incompetence or unprofessional conduct in the practice of funeral directing or embalming constitutes a ground for disciplinary action.

Section § 7708

Explanation

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.

The bureau, after a hearing, may deny the application of a funeral establishment, funeral director, embalmer, or apprentice embalmer on proof that the applicant has committed acts or crimes constituting grounds for denial of licensure under Section 480. The record of conviction, or a certified copy thereof, shall be conclusive evidence of the conviction.

Section § 7709

Explanation

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.

A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The bureau may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.

Section § 7711

Explanation

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.

When a funeral establishment, funeral director or embalmer has had his, or her, or its license suspended, canceled, or revoked by the bureau, the bureau, upon written application by the licensee affected, upon not less than 10 days’ notice to all parties of record in the particular case, and after hearing all evidence offered in support of and in opposition to that application, may, in its discretion, and upon those terms as it may deem just, reinstate the applicant.

Section § 7711.1

Explanation
This law states that if someone who is licensed or registered, or their employees or agents, behaves unprofessionally, they can face disciplinary action. Unprofessional conduct includes breaking laws related to cemeteries and crematories, whether directly or indirectly, and being careless in running these facilities.
Unprofessional conduct by any licensee or registrant or by any agent or employee of a licensee or registrant constitutes grounds for disciplinary action. Unprofessional conduct includes, but is not limited to, the following:
(a)CA Business & Professions Code § 7711.1(a) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of this chapter and any regulation adopted thereunder, or of any federal or state law or regulation governing the disposition of human remains, operation of cemeteries or crematories, the sale of cemetery property, or the sale of crematory services or commodities.
(b)CA Business & Professions Code § 7711.1(b) Negligence in performing any act related to the operation of a cemetery or crematory.

Section § 7711.10

Explanation

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.

A renewal cemetery broker’s license is a cemetery license issued to a person who had a cemetery broker’s license unrevoked and unsuspended on June 30 of the fiscal year previous to the fiscal year for which the renewal cemetery license is issued.

Section § 7711.11

Explanation

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.

An original cemetery salesperson’s license is a cemetery license issued to a person who did not have a cemetery salesperson’s or a broker’s license either individually or as an officer of a corporation, or as a member of a copartnership, on June 30 of the fiscal year previous to the fiscal year for which the salesperson’s license is issued.

Section § 7711.12

Explanation

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.

A renewal cemetery salesperson’s license is a cemetery license issued to a person who had a cemetery salesperson’s or a broker’s license either individually or as an officer of a corporation, or as a member of a copartnership, on June 30 of the fiscal year previous to the fiscal year for which the salesperson’s license is issued.

Section § 7711.2

Explanation

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.

The bureau may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any person engaged in the business or acting in the capacity of a cemetery licensee, and may temporarily suspend or permanently revoke a license at any time where the licensee, within the immediately preceding three years, while a cemetery licensee in performing or attempting to perform any of the acts specified in this act, has been guilty of any of the following:
(a)CA Business & Professions Code § 7711.2(a) Making any substantial misrepresentation.
(b)CA Business & Professions Code § 7711.2(b) Making any false statement of a character likely to influence or persuade.
(c)CA Business & Professions Code § 7711.2(c) A continued and flagrant course of misrepresentation or making of false promises through cemetery agents or salespersons.
(d)CA Business & Professions Code § 7711.2(d) Acting for more than one party in a transaction without the knowledge or consent of all parties thereto.
(e)CA Business & Professions Code § 7711.2(e) Commingling the money or other property of his or her principal with his or her own.
(f)CA Business & Professions Code § 7711.2(f) The practice of claiming or demanding a fee, compensation, or commission under any exclusive agreement authorizing or employing a licensee to sell, buy, or exchange cemetery property for compensation or commission where such agreement does not contain a definite, specified date of final and complete termination.
(g)CA Business & Professions Code § 7711.2(g) The claiming or taking by a licensee of any secret or undisclosed amount of compensation, commission, or profit or the failure of a licensee to reveal to the employer of such licensee the full amount of such licensee’s compensation, commission, or profit under any agreement authorizing or employing such licensee to sell, buy, or exchange cemetery property for compensation or commission prior to or coincident with the signing of such agreement evidencing the meeting of the minds of the contracting parties, regardless of the form of such agreement, whether evidenced by documents in an escrow or by any other or different procedure.
(h)CA Business & Professions Code § 7711.2(h) The use by a licensee of any provision allowing the licensee an option to purchase in an agreement authorizing or employing such licensee to sell, buy, or exchange cemetery property for compensation or commission, except when such licensee prior to or coincident with election to exercise such option to purchase reveals in writing to the employer the full amount of the licensee’s profit and obtains the written consent of the employer approving the amount of such profit.
(i)CA Business & Professions Code § 7711.2(i) Any other conduct, whether of the same or a different character than specified in this section, which constitutes fraud or dishonest dealing.
(j)CA Business & Professions Code § 7711.2(j) The misrepresentations and false statements mentioned in this section also include misrepresentation and false statements as to other property than that which the cemetery licensee may be selling or attempting to sell.

Section § 7711.3

Explanation

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.

The bureau may suspend or revoke the license of any cemetery licensee who, within the immediately preceding three years, has done any of the following:
(a)CA Business & Professions Code § 7711.3(a) Been convicted of a crime substantially related to the qualifications, functions, and duties of such licensee. The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction.
(b)CA Business & Professions Code § 7711.3(b) Knowingly authorized, directed, connived at, or aided in the publication, advertisement, distribution, or circulation of any material false statement or representation concerning his or her business or any cemetery property offered for sale.
(c)CA Business & Professions Code § 7711.3(c) Willfully disregarded or violated any of the provisions of this act relating to cemetery brokerage.
(d)CA Business & Professions Code § 7711.3(d) Acted or conducted himself or herself in a manner which would have warranted the denial of his or her application for a cemetery license, or for a renewal thereof.

Section § 7711.4

Explanation

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.

When any salesperson is discharged by his or her employer for a violation of any of the provisions of this article prescribing a ground for disciplinary action, a verified written statement of the facts with reference thereto shall be filed forthwith with the bureau by the employer and, if the employer fails to notify the bureau as required by this section, the bureau may temporarily suspend or permanently revoke the cemetery license of the employer in accordance with the provisions of this act.

Section § 7711.5

Explanation

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.

The bureau may deny, suspend, or revoke the cemetery license of a corporation as to any officer or agent acting under its cemetery license, and the cemetery license of a copartnership as to any member acting under its cemetery license, without revoking the cemetery license of the corporation or of the copartnership.

Section § 7711.6

Explanation

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.

The fees for cemetery licenses at all periods of the fiscal year is the same as provided in this article. All cemetery license fees are payable in advance of issuing the licenses and at the time of filing the application. All licenses shall be issued for the fiscal year and shall expire on June 30 of each fiscal year at midnight.

Section § 7711.7

Explanation

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.

(a)CA Business & Professions Code § 7711.7(a) If a person fails to apply for a license renewal, no renewal license shall be issued except upon payment of the delinquent renewal fee required under Section 7729.2.
(b)CA Business & Professions Code § 7711.7(b) A person who fails to renew his or her license within one year of the expiration date shall not engage in any of the activities authorized by a license unless he or she first files the application required for an original license, pays the original license fee, and otherwise complies with all of the provisions of this act pertaining to the issuance of an original license.

Section § 7711.8

Explanation

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.

The definitions contained in this article are solely for the purposes of this article.

Section § 7711.9

Explanation

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.

An original cemetery broker’s license is a cemetery license issued to a person who did not have a cemetery broker’s license on June 30 of the fiscal year previous to the fiscal year for which the license is issued.