TITLE 4. PROFESSIONS AND OCCUPATIONS

Historical Note

Adopted effective June 16, 1981 (Supp. 81-3). Amended effective January 2, 1985 (Supp. 85-1). Amended by final rulemaking at 7 A.A.R. 1441, effective March 14, 2001 (Supp. 01-1). Amended by final rulemaking at 10 A.A.R. 681, effective April 3, 2004 (Supp. 04-1).

R4-12-102. Reserved

R4-12-103. Expired

Historical Note

Adopted effective June 16, 1981 (Supp. 81-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 853, effective December 31, 2001 (Supp. 02-1).

R4-12-104. Expired

Historical Note

Adopted effective June 16, 1981 (Supp. 81-3). Amended effective January 2, 1985 (Supp. 85-1). Amended effective September 18, 1987 (Supp. 87-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 853, effective December 31, 2001 (Supp. 02-1).

R4-12-105. Expired

Historical Note

Adopted effective June 16, 1981 (Supp. 81-3). Former Section R4-12-105 repealed, new Section R4-12-105 adopted effective January 2, 1985 (Supp. 85-1). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 853, effective December 31, 2001 (Supp. 02-1).

R4-12-106. Time-frames for Board Approval

A. The overall time-frame described in A.R.S. § 41-1072(2) for each type of approval granted by the Board is listed in Table 1. The applicant and the Executive Director of the Board may agree in writing to extend the overall time-frame. The substantive review time-frame may not be extended by more than 25 percent of the overall time-frame.

B. The administrative completeness review time-frame described in A.R.S. § 41-1072(1) for each type of approval granted by the Board is listed in Table 1.

1. The administrative completeness review time-frame begins:

a. For approval to take a state equivalent examination, when the Board receives an application packet required in R4-12-201;

b. For approval or denial of a license, when the Board receives an application packet; or

c. For approval or denial of an endorsement, a registration, or a permit, when the Board receives an application packet.

2. If the application packet is incomplete, the Board shall send to the applicant a written notice specifying the missing document or incomplete information. The administrative completeness review time-frame and the overall time-frame are suspended from the postmark date of the notice until the date the Board receives a complete application packet from the applicant.

3. If the application packet is complete, the Board shall send a written notice of administrative completeness to the applicant.

4. If the Board grants a license, registration, endorsement, or approval during the time provided to assess administrative completeness, the Board shall not issue a separate written notice of administrative completeness.

C. The substantive review time-frame described in A.R.S. § 41-1072(3) is listed in Table 1 and begins on the postmark date of the notice of administrative completeness.

1. As part of the substantive review for a funeral establishment license, the Board shall conduct an inspection of the funeral establishment that may require more than one visit.

2. During the substantive review time-frame, the Board may make one comprehensive written request for additional information or documentation. The time-frame for the Board to complete the substantive review is suspended from the postmark date of the comprehensive written request for additional information or documentation until the Board receives the additional information or documentation.

3. The Board shall send a written notice of approval to an applicant who meets the qualifications in A.R.S. Title 32, Chapter 13 and this Chapter.

4. The Board shall send a written notice of denial to an applicant who fails to meet the qualifications in A.R.S. Title 32, Chapter 13 and this Chapter.

D. The Board shall consider an application withdrawn if within 360 days from the application submission date the applicant fails to:

1. Supply the missing information under subsection (B)(2) or (C)(2); or

2. Pass a national board, state equivalent, or state laws and rules examination, as applicable.

E. An applicant who does not wish an application withdrawn may request a denial in writing within 360 days from the application submission date.

F. If a time-frame's last day falls on a Saturday, Sunday, or official state holiday, the Board shall consider the next business day as the time-frame's last day.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 1441, effective March 14, 2001 (Supp. 01-1).

Table 1. Time-frames (in days)

Historical Note

New Table adopted by final rulemaking at 7 A.A.R. 1441, effective March 14, 2001 (Supp. 01-1). Amended by final rulemaking at 10 A.A.R. 681, effective April 3, 2004 (Supp. 04-1).

R4-12-107. Reserved

R4-12-108. Fees

A. The Board shall charge the following nonrefundable fees for filing an annual trust report under A.R.S. § 32-1391.16:

1. For each funeral establishment that has a prearranged funeral trust account and files an annual trust report in the time and manner required in A.R.S. § 32-1391.16, $150.00.

2. For each funeral establishment that has a prearranged funeral trust account and files an annual trust report late or incomplete, $200.00.

B. The Board shall charge the following fees for the duplication or copying of public records under A.R.S. § 39-121.03:

1. Noncommercial and commercial copy, 25¢ per page;

2. Copying requiring more than 15 minutes, $5.00 for each 15-minutes in excess of 15 minutes;

3. Directories for noncommercial use, 5¢ per name and address;

4. Directories for noncommercial use printed on labels, 10¢ per name and address;

5. Directories for commercial use, 25¢ per name and address;

6. Directories for commercial use printed on labels, 30¢ per name and address;

7. A directory in subsection (B)(3), (4), (5), or (6) issued on a diskette, $5.00 and the applicable name and address fee;

C. For the consumer information pamphlet, entitled Arizona Funerals Information, the Board shall charge a funeral establishment the Board's actual cost of publishing, distributing, and mailing the pamphlet.

D. The Board may waive any of the fees in subsection (B) for charitable organizations or governmental entities.

Historical Note

Adopted effective June 16, 1981 (Supp. 81-3). Amended effective January 2, 1985 (Supp. 85-1). Amended effective Dec. 27, 1985 (Supp. 85-6). Amended effective May 25, 1989 (Supp. 89-2). Amended by final rulemaking at 7 A.A.R. 1441, effective March 14, 2001 (Supp. 01-1).

R4-12-109. Enforcement Advisory Committee

A. The Board may appoint an enforcement advisory committee that consists of seven members as follows:

1. Four members representing the funeral industry, and

2. Three lay members that have no affiliation with a funeral establishment or cemetery.

B. The enforcement advisory committee may:

1. Review and evaluate investigative matters referred to it by the Board, and

2. Make recommendations to the Board about the disposition of investigative matters.

C. The Board may accept, reject, or modify the enforcement advisory committee's recommendations.

Historical Note

Adopted effective January 2, 1985 (Supp. 85-1). Amended by final rulemaking at 10 A.A.R. 681, effective April 3, 2004 (Supp. 04-1).

R4-12-110. Reserved

R4-12-111. Reserved

R4-12-112. Reserved

R4-12-113. Reserved

R4-12-114. Reserved

R4-12-115. Reserved

R4-12-116. Reserved

R4-12-117. Reserved

R4-12-118. Reserved

R4-12-119. Reserved

R4-12-120. Inspection Procedures

A. The Board shall inspect a funeral establishment or crematory:

1. Before issuing an initial license under A.R.S. § 32-1383; and

2. Once every five years under A.R.S. § 32-1307(A)(5)(h).

B. The Inspection shall include:

1. Reviewing equipment and the physical plant;

2. Interviewing personnel;

3. For a funeral establishment, inspecting for compliance with A.R.S. Title 32, Chapter 12, Articles 2, 3, 3.1, 4, and 5, and A.A.C. Title 4, Chapter 12, Articles 3 and 5; and

4. For a crematory, inspecting the crematory for compliance with A.R.S. Title 32, Chapter 12, Article 6 and A.A.C. Title 4, Chapter 12, Article 6.

C. At the inspection site, the Board shall make a verbal report of findings to an applicant or licensee upon completion of an inspection.

D. Within 15 days of the inspection, the Board shall send to the applicant or licensee a written report of its findings that includes:

1. A statement that no deficiencies were found, or

2. If deficiencies are found:

a. A list of any deficiencies identified during the inspection,

b. A citation to each statute or rule that has not been complied with,

c. A request for a written plan of correction, and

d. The time-frame for correcting the deficiencies.

E. Within 15 days after receiving a request for a written plan of corrections, an applicant or licensee shall submit to the Board a written plan of correction that includes:

1. The identified deficiency,

2. How the applicant or licensee will correct the deficiency, and

3. When the applicant or licensee will correct the deficiency.

F. The Board shall accept a written plan of correction if it:

1. Describes how each deficiency will be corrected to bring the:

a. Funeral establishment into substantial compliance with A.R.S. Title 32, Chapter 12, Articles 2, 3, 3.1, 4, and 5, and A.A.C. Title 4, Chapter 12, Articles 3 and 5; or

b. Crematory into substantial compliance with A.R.S. Title 32, Chapter 12, Article 6 and A.A.C. Title 4, Chapter 12, Article 6.

2. Includes a date for correcting each deficiency as soon as practicable based upon the actions necessary to correct the deficiency.

G. The Board shall provide an applicant or licensee with an opportunity to correct the deficiencies unless the Board determines the deficiencies are:

1. Committed intentionally;

2. Evidence a pattern of noncompliance:

a. For a funeral establishment, with A.R.S. Title 32, Chapter 12, Articles 2, 3, 3.1, 4, and 5, and A.A.C. Title 4, Chapter 12, Articles 3 and 5; or

b. For a crematory, with A.R.S. Title 32, Chapter 12, Article 6 and A.A.C. Title 4, Chapter 12, Article 6; or

3. A risk to the public health, safety, or welfare.

H. If an applicant or licensee does not correct the deficiencies within the time-frame approved by the Board, the Board may:

1. If requested by the applicant or licensee, extend the time-frame for situations beyond the control of the applicant or licensee, such as:

a. When the applicant or licensee in good faith is unable to obtain the items necessary to correct the deficiencies within the time-frame approved by the Board, or

b. The time needed to correct the deficiencies is longer than the time-frame approved by the Board due to the complexity, nature, or amount of deficiencies.

2. If the applicant or licensee fails to correct the deficiencies within the time-frame approved by the Board, take the disciplinary actions stated in A.R.S. § 32-1390.01 or A.R.S. § 32-1398.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 3160, effective October 1, 2005 (Supp. 05-3).

R4-12-121. Investigation Procedures

A. After receiving a complaint, the Board shall send a written notice of the complaint to the licensee or registrant within 15 days of its receipt and may include a request for information or documents related to the complaint. The licensee or registrant shall provide a written response and the requested information or documents no later than 15 days from the date the Board mails the notice of the complaint.

B. In addition to the information or documents requested by the Board under subsection (A), the Board may request that a complainant, licensee, or registrant reply to or provide the Board with additional information relating to the complaint. The complainant, licensee, or registrant shall provide the Board with additional information within 15 days from the date the Board mails the request.

Historical Note

Adopted effective June 16, 1981 (Supp. 81-3). Former Section R4-12-121 repealed, new Section R4-12-121 adopted effective January 2, 1985 (Supp. 85-1). Amended by final rulemaking at 10 A.A.R. 681, effective April 3, 2004 (Supp. 04-1).

R4-12-122. Expired

Historical Note

Adopted effective June 16, 1981 (Supp. 81-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 853, effective December 31, 2001 (Supp. 02-1).

R4-12-123. Informal Interview

A. The Board shall conduct an informal interview under A.R.S. § 32-1367 as follows:

1. The Board shall send a written notice of the informal interview to each party by personal service or certified mail, return receipt requested, at least 20 days before the informal interview. The notice shall contain:

a. The time, place, and date of the informal interview;

b. An explanation of the procedures to be followed at the informal interview;

c. A statement of the subject matter or issues involved;

d. A statement of the licensee's or registrant's right to appear with or without counsel;

e. A notice that if a licensee, registrant, or complainant fails to appear at the informal interview, the informal interview may be held in the licensee's, registrant's, or complainant's absence; and

f. A statement of the licensee's or registrant's right to a formal hearing according to A.R.S. § 32-1367 instead of attending the informal interview.

2. During the informal interview, the Board may:

a. Swear in the licensee or registrant and all witnesses;

b. Question the licensee or registrant and all witnesses; and

c. Deliberate.

3. After completing the informal interview the Board may dismiss the complaint or take any of the actions listed in A.R.S. § 32-1367(D):

B. The Board shall issue written findings of fact, conclusions of law, and Board order no later than 60 days from the date the informal interview is completed.

C. A licensee or registrant may seek a Board rehearing or review of a Board decision or the Board may grant rehearing or review on its own motion as stated in A.R.S. § 32-1367(I).

Historical Note

New Section made by final rulemaking at 10 A.A.R. 681, effective April 3, 2004 (Supp. 04-1).

R4-12-124. Expired

Historical Note

Adopted effective June 16, 1981 (Supp. 81-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 853, effective December 31, 2001 (Supp. 02-1).

R4-12-125. Hearing Procedures

A. If a formal hearing under A.R.S. § 32-1367 is to be held before an administrative law judge, the requirements in A.R.S. §§ 41-1092 through 41-1092.11 apply.

B. If a formal hearing under A.R.S. § 32-1367 is to be held before the Board, the requirements in A.R.S. §§ 41-1092 through 41-1092.11 and the following apply:

1. The Board shall provide a written complaint and notice of formal hearing to a licensee or registrant at the licensee's or registrant's last known address of record, by personal service or certified mail, return receipt requested at least 30 days before the date set for the formal hearing.

2. A licensee or registrant served with a complaint and notice of hearing shall file an answer by the date specified in the notice of hearing admitting or denying the allegations in the complaint.

3. The Board may amend a complaint and notice of hearing at any time. The Board shall send written notice of any changes in the complaint and notice of hearing to the licensee or registrant at least 20 days before the formal hearing.

4. A licensee or registrant may appear at a formal hearing with or without the assistance of counsel. If the licensee or registrant fails to appear, the Board may hold the formal hearing in the licensee's or registrant's absence.

5. The Board may conduct a formal hearing without adherence to the rules of procedure or rules of evidence used in civil proceedings. At the formal hearing the Board shall rule on the procedure to be followed and admissibility of evidence.

6. The Board shall send a written decision that includes written findings of fact, conclusions of law, and order of the Board to the licensee or registrant and all parties within 60 days after the formal hearing is concluded. A licensee, registrant, or the Board may seek rehearing or review of the order according to A.R.S. § 32-1367(I).

Historical Note

Adopted effective January 2, 1985 (Supp. 85-1). Amended by final rulemaking at 10 A.A.R. 681, effective April 3, 2004 (Supp. 04-1).

R4-12-126. Rehearing or Review of Board's Decision

A. Except as provided in subsection (G), a party who is aggrieved by a decision issued by the Board may file with the Board, no later than 30 days after service of the decision, a written motion for rehearing or review of the decision, specifying the grounds for rehearing or review. For purposes of this Section, a decision is considered to have been served when personally delivered to the party's last known home or business address or five days after the decision is mailed by certified mail to the party or the party's attorney.

B. A party filing a motion for rehearing or review may amend the motion at any time before it is ruled upon by the Board. Another party may file a response within 15 days after the date the motion or amended motion for rehearing is filed. The Board may require a party to file supplemental memoranda explaining the issues raised in the motion or response and may permit oral argument.

C. The Board may grant a rehearing or review of the decision for any of the following reasons materially affecting the moving party's rights:

1. Irregularity in the Board's or administrative law judge's administrative proceedings or any order or abuse of discretion that deprived the party of a fair hearing;

2. Misconduct of the Board, administrative law judge, or the prevailing party;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the original hearing;

5. Excessive or insufficient penalties or disciplinary action;

6. Error in the admission or rejection of evidence or other errors of law occurring at the administrative hearing; or

7. That the decision is not supported by the evidence or is contrary to law.

D. The Board may affirm or modify the decision or grant a rehearing or review on all or part of the issues for any of the reasons in subsection (C). An order granting a rehearing or review shall specify each ground for the rehearing or review.

E. No later than 30 days after a decision is issued by the Board, the Board may, on its own initiative, grant a rehearing or review of its decision for any reason in subsection (C). An order granting a rehearing or review shall specify the grounds for the rehearing or review.

F. If a motion for rehearing or review is based upon affidavits, a party shall serve the affidavits with the motion. An opposing party may, within 10 days after service, serve opposing affidavits. The Board may extend the time for serving opposing affidavits for no more than 20 days for good cause or by written stipulation of the parties. The Board may permit reply affidavits.

G. If the Board makes specific findings that the immediate effectiveness of a decision is necessary to preserve the public health and safety and determines that a rehearing or review of the decision is impracticable, unnecessary, or contrary to the public interest, the Board may issue the decision as a final decision without an opportunity for rehearing or review. If a decision is issued as a final decision without an opportunity for rehearing or review, an aggrieved party who wishes to seek judicial review shall make an application for judicial review of the decision within the time limits permitted for judicial review of the Board's final decision at A.R.S. § 12-904.

Historical Note

Adopted effective June 16, 1981 (Supp. 81-3). Amended by final rulemaking at 10 A.A.R. 681, effective April 3, 2004 (Supp. 04-1).

ARTICLE 2. LICENSING PROVISIONS

R4-12-201. Application for a State Equivalent Examination or Embalmer Assistant Practical Examination

An applicant for a state equivalent examination or embalmer assistant practical examination shall submit an application packet to the Board that contains the following:

1. An application form provided by the Board, signed and dated by the applicant, and notarized that contains:

a. The applicant's name, mailing address, telephone number, and social security number;

b. Any prior name or alias of the applicant;

c. The applicant's date and place of birth; and

d. The applicant's height, weight, hair color, and eye color;

2. A photocopy of the applicant's high school diploma or general educational diploma issued in any state;

3. If applying to take a state equivalent examination, a photocopy of the diploma issued to the applicant upon graduation from an accredited or provisionally accredited school of mortuary science;

4. Two passport photographs of the applicant, no larger than 1 1/2 x 2 inches, taken not more than 60 days before the date of the application; and

5. The fee required by the Board.

Historical Note

Former Rule, Section 1, Article III; Former Section R4-12-26 renumbered as Section R4-12-201 effective June 16, 1981 (Supp. 81-3). Former Section R4-12-201 repealed and a new Section R4-12-201 adopted effective September 18, 1987 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 1441, effective March 14, 2001 (Supp. 01-1).

R4-12-202. Application for an Intern, an Embalmer, or a Funeral Director License

A. An applicant for an intern, an embalmer, or a funeral director license shall submit an application packet to the Board that contains the information required in A.R.S. § 32-1323, and the following:

1. An application form provided by the Board, signed and dated by the applicant, and notarized that contains:

a. The applicant's name, mailing address, telephone number, and social security number;

b. The applicant's date and place of birth;

c. Any prior name or alias of the applicant;

d. The name and address of the high school from which the applicant graduated and the graduation date or date applicant received a general equivalency diploma;

e. The name and address of the mortuary school from which the applicant graduated and graduation date;

f. The name, address, and telephone number of the funeral establishment employing the applicant;

g. Whether the applicant has ever been convicted of or entered into a plea of no contest to a class 1 or 2 felony, including the information in subsection (A)(1)(h)(i) through (A)(1)(h)(vi);

h. Whether the applicant, within five years from the date of the application, has been convicted of or entered into a plea of no contest to a felony or to a misdemeanor that is reasonably related to the applicant's proposed area of licensure including the:

i. Charged felony or misdemeanor;

ii. Date of conviction;

iii. Court having jurisdiction over the felony or misdemeanor;

iv. Probation officer's name, address, and telephone number, if applicable;

v. A copy of the notice of expungement, if applicable; and

vi. A copy of the notice of restoration of civil rights, if applicable;

i. Whether the applicant, within five years from the date of the application, has committed any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence, or incompetence reasonably related to the applicant's proposed area of licensure;

j. Whether the applicant is currently incarcerated or on community supervision after a period of imprisonment in a local, state, or federal penal institution or on criminal probation;

k. Whether the applicant, within five years from the date of the application, has had an application for a license, registration, certificate, or endorsement denied or rejected by any state funeral licensing authority including the:

i. Reason for the denial or rejection,

ii. Date of the denial or rejection, and

iii. Name and address of the agency that denied or rejected the application;

l. Whether the applicant has, within five years from the date of the application, had a license, registration, certificate, or endorsement suspended or revoked by any state funeral licensing authority including the:

i. Reason for the suspension or revocation,

ii. Date of the suspension or revocation, and

iii. Name and address of the state licensing authority that suspended or revoked the license;

m. Whether the applicant has ever surrendered a license, registration, certificate, or endorsement to the Board or any state funeral licensing authority;

n. The dates the applicant served as an apprentice embalmer or intern, location of apprenticeship or internship, and the number of human bodies embalmed, if applicable;

o. A statement of whether the applicant has passed a national board examination or state equivalent examination, if applicable; and

p. A notarized statement by the applicant verifying the information on the application is true and correct;

2. A copy of the applicant's high school or general equivalency diploma;

3. A copy of the transcript from each mortuary college attended by the applicant and, if applicable, each diploma issued to the applicant; and

4. The fee required by the Board.

B. In addition to the requirements in subsection (A), an applicant for an intern license shall submit on the application form the name and license number of the embalmer who will supervise the applicant.

C. In addition to the requirements in subsection (A), an applicant for an embalmer license shall submit to the Board:

1. On the application form:

a. Whether the applicant has embalmed 25 or more human bodies;

b. Apprenticeship or internship information including:

i. Beginning and ending dates,

ii. The state in which the apprenticeship or internship was served,

iii. The applicant's state registration number and date of issuance, and

iv. The number of human bodies embalmed by the applicant during the apprenticeship or internship;

c. The following information:

i. The name of each state in which the applicant has been licensed or registered as an embalmer or funeral director,

ii. The date of issuance of each funeral director or embalmer license or registration, and

iii. The license or registration number in each state in which the applicant is or has been licensed or registered as an embalmer or funeral director;

d. The name of each mortuary at which the applicant practiced as an embalmer or funeral director for five years immediately before the application date, beginning and ending dates of the practice, and a description of the practice, if applicable;

e. A notarized statement from a funeral director licensed or registered in any state that contains the funeral director's:

i. State in which licensed;

ii. License number and issuance date;

iii. Statement of length of time that the funeral director has known the applicant;

iv. Statement attesting to the applicant's good character, reputation, and professional ability; and

v. Recommendation for the Board's approval of the applicant; and

2. A report of apprenticeship or internship containing:

a. The applicant's name,

b. The name of the funeral establishment in which the apprenticeship or internship was served,

c. The name of the embalmer supervising the applicant,

d. The beginning and ending dates covered in the report,

e. The number of hours worked each month during the apprenticeship or internship,

f. The number of human bodies embalmed each month during the apprenticeship or internship, and

g. For each human body embalmed:

i. The name of the deceased,

ii. The date of death,

iii. A statement of whether an autopsy was performed, and

iv. The supervising embalmer's signature and license number,

D. In addition to the requirements in subsection (A), an applicant for a funeral director license shall submit to the Board a report containing:

1. The applicant's name;

2. The name of the funeral establishment in which one year of funeral directing experience was obtained;

3. The name of the responsible funeral director;

4. The beginning and ending dates covered in the report; and

5. For each burial, immediate burial, or direct cremation conducted by the applicant:

a. The name of the deceased;

b. The date of the burial, immediate burial, or direct cremation;

c. A statement of whether the applicant conducted a burial, immediate burial, or direct cremation; and

d. The supervising funeral director's signature and license number.

E. In addition to the requirements in subsection (A), an applicant for an embalmer or funeral director license who holds an out-of-state embalmer or funeral director license shall:

1. Submit on the application form, the name of each state in which the applicant is licensed or registered as an embalmer or funeral director; and

2. Arrange for the out-of-state licensing authority to complete the following on the application form to be submitted with the application packet:

a. Certification of current licensure of the applicant;

b. Type of license, license number, and date license was issued;

c. A statement of whether the applicant qualified by examination or by being licensed by another state;

d. A statement of whether the licensing authority has ever suspended, revoked, or taken any other action against the applicant's license; and

e. Notarized signature and title of agency official;

F. An applicant for a multiple funeral director license shall submit an application form that is signed and dated by the applicant, and notarized that includes the information in subsections (A)(1)(a) through (A)(1)(c) and:

1. The name and address of the funeral establishment for which the applicant:

a. Currently acts as the responsible funeral director, and

b. Is applying to act as the responsible funeral director;

2. The distance, stated in miles, between the current funeral establishment and the funeral establishment for which application is being made;

3. For the funeral establishment for which application is being made and for 12 months immediately preceding the application, the number of:

a. Funerals and cremations conducted at the funeral establishment, and

b. Transportations of human remains arranged through the funeral establishment;

4. The fee required by the Board; and

5. Other information required by the Board.

Historical Note

Adopted effective September 18, 1987 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 1441, effective March 14, 2001 (Supp. 01-1).

R4-12-203. Application for an Embalmer's Assistant Registration

An applicant for an embalmer's assistant registration shall submit to the Board an application packet that contains the following:

1. An application form that contains:

a. The applicant's name, mailing address, telephone number, and social security number;

b. The applicant's date and place of birth;

c. Any prior name or alias of the applicant;

d. The name and address of the high school from which the applicant graduated and the graduation date or date applicant received a general equivalency diploma;

e. The name and address of each mortuary college attended by the applicant;

f. The name and address of the mortuary college from which the applicant graduated and graduation date;

g. The name, address, and telephone number of the funeral establishment employing the applicant;

h. Whether the applicant, within five years from the date of the application, has had an application for a license, registration, certificate, or endorsement denied or rejected by any state funeral licensing authority including the:

i. Reason for the denial or rejection,

ii. Date of the denial or rejection, and

iii. Name and address of the agency that denied or rejected the application;

i. Whether the applicant, within five years from the date of the application, has had a license, registration, certificate, or endorsement suspended or revoked by any state funeral licensing authority including the:

i. Reason for the suspension or revocation,

ii. Date of the suspension or revocation, and

iii. Name and address of the state licensing authority that suspended or revoked the license;

j. Whether the applicant, within five years from the date of the application, has surrendered a license, registration, certificate, or endorsement to the Board or any state funeral licensing authority;

k. The name of the applicant's current supervising embalmer;

l. If applicable, the beginning and ending dates the applicant served as an apprentice embalmer, the applicant's registration number and date of issuance, and the number of human bodies embalmed and date of each embalming; and

m. A notarized statement by the applicant verifying the information on the application is true and correct;

2. A copy of the applicant's high school or general equivalency diploma;

3. A copy of the transcript and diploma from the mortuary college from which the applicant graduated;

4. A report of apprenticeship containing:

a. The applicant's name,

b. The name of the funeral establishment in which the apprenticeship was completed,

c. The name of the supervising embalmer,

d. The beginning and ending dates covered in the report,

e. The number of hours worked each month during the two most recent consecutive years of apprenticeship,

f. The number of human bodies embalmed by the applicant or in which the applicant assisted in the embalming for each month of the apprenticeship,

g. For each human body embalmed by the applicant or in which the applicant assisted in embalming for the two most recent consecutive years of the apprenticeship:

i. The name of the deceased,

ii. The date of death,

iii. A statement of whether an autopsy was performed,

iv. The supervising embalmer's signature and license number, and

v. The applicant's signature.

5. A completed and legible fingerprint card; and

6. The fee required by the Board.

Historical Note

Former Rule, Section 3, Article III; Former Section R4-12-27 amended and renumbered as Section R4-12-203 effective June 16, 1981 (Supp. 81-3). Former Section R4-12-203 repealed and a new Section R4-12-203 adopted effective September 18, 1987 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 1441, effective March 14, 2001 (Supp. 01-1).

R4-12-204. Application for a Funeral Establishment License or Interim Funeral Establishment Permit

A. An applicant for a funeral establishment license shall submit an application packet to the Board that contains the fee required by the Board, information required in A.R.S. § 32-1383, and an application form that contains:

1. The funeral establishment's current and previous name, if any;

2. The address of the physical location and telephone number of the funeral establishment;

3. The responsible funeral director's name and license number;

4. The name of the funeral establishment's current and previous owner;

5. Whether the funeral establishment is a proprietorship, a corporation, a partnership, a limited liability company, or a subsidiary of a corporation, a partnership, or a limited liability company;

6. If the previous owner was a corporation, the name of the corporation;

7. The name and address of each person owning 10 percent or more of the establishment or corporation common stock;

8. If a corporation, partnership, or limited liability company:

a. The state and date of incorporation or formation;

b. The name and address of the Arizona statutory agent or agent appointed to receive process; and

c. The name, address, and title of each officer, director, general partner, or member;

9. Whether the applicant has ever been convicted of or entered into a plea of no contest to a class 1 or 2 felony, including the information in subsections (A)(10)(a) through (A)(10)(f);

10. Whether the applicant, within five years from the date of the application, has been convicted of or entered into a plea of no contest to a felony or to a misdemeanor that is reasonably related to the applicant's proposed area of licensure including the:

a. Charged felony or misdemeanor;

b. Date of conviction;

c. Court having jurisdiction over the felony or misdemeanor;

d. Probation officer's name, address, and telephone number, if applicable;

e. A copy of the notice of expungement, if applicable; and

f. A copy of the notice of restoration of civil rights, if applicable;

11. Whether the applicant, within five years from the date of the application, has committed any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence, or incompetence reasonably related to the applicant's proposed area of licensure;

12. Whether the applicant is currently incarcerated or on community supervision after a period of imprisonment in a local, state, or federal penal institution or on criminal probation;

13. Whether the applicant, within five years from the date of the application, has had an application for a license, registration, certificate, or endorsement denied or rejected by any state funeral licensing authority including the:

a. Reason for the denial or rejection,

b. Date of the denial or rejection, and

c. Name and address of the agency that denied or rejected the application;

14. Whether the applicant has, within five years from the date of the application, had a license, registration, certificate, or endorsement suspended or revoked by any state funeral licensing authority including the:

a. Reason for the suspension or revocation,

b. Date of the suspension or revocation, and

c. Name and address of the state licensing authority that suspended or revoked the license;

15. Whether the applicant has ever surrendered a license, registration, certificate, or endorsement to the Board or any state funeral licensing authority;

16. A statement, signed by the responsible funeral director and notarized, affirming licensure in Arizona and confirming responsibility for the funeral establishment's compliance with Arizona state laws and rules; and

17. The applicant's signature.

B. An applicant for an interim funeral establishment permit shall submit an application packet to the Board that contains the information required in A.R.S. § 32-1388 and an application form that contains:

1. The funeral establishment's current and previous name, if any;

2. The address of the physical location and telephone number of the funeral establishment;

3. The name of the funeral establishment's current and previous owner;

4. The responsible funeral director's name and license number;

5. Whether the funeral establishment is a proprietorship, a corporation, a partnership, a limited liability company, or a subsidiary of a corporation, a partnership, or a limited liability company;

6. If the previous owner was a corporation, the name of the corporation;

7. The name and address of each person owning 10 percent or more of the establishment or corporation common stock;

8. If a corporation, partnership, or limited liability company:

a. The state and date of incorporation or formation;

b. The name and address of the Arizona statutory agent or agent appointed to receive process; and

c. The name, address, and title of each officer, director, general partner, or member;

9. The name of the previous licensed owner;

10. A statement, signed by the responsible funeral director and notarized, affirming licensure in Arizona and confirming responsibility for the funeral establishment's compliance with Arizona state laws and rules; and

11. The applicant's signature.

Historical Note

Former Rule, Section 5, Article III; Former Section R4-12-28 amended and renumbered as Section R4-12-204 effective June 16, 1981 (Supp. 81-3). Former Section R4-12-204 repealed, new Section R4-12-204 adopted effective September 18, 1987 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 1441, effective March 14, 2001 (Supp. 01-1).

R4-12-205. Application for a Prearranged Funeral Sales Endorsement

An owner and the owner's responsible funeral director applying for a prearranged funeral sales endorsement for a funeral establishment shall submit an application packet to the Board that contains the fee required by the Board, information required in A.R.S. § 32-1391.12, and an application form that contains:

1. The funeral establishment's name, mailing address, and telephone number;

2. The funeral establishment's designated funeral director's, manager's, corporate officers', owner's, trustee's, or any controlling person's:

a. Current name and any prior name or alias;

b. Current address, telephone number, and social security number;

c. Date and place of birth; and

d. Former addresses, including dates of residence, for seven years immediately preceding the date of the application;

3. The total amount of trust funds, including accrued interest, for 12 months immediately preceding the application date;

4. The total number of currently existing prearranged funeral agreements entered into before January 1, 1985;

5. The total number of prearranged funeral agreements sold by the funeral establishment for the calendar year immediately preceding the date of the application;

6. Whether the designated funeral director, a manager, a corporate officer, a trustee, or an owner, within seven years preceding the date of application, in any state or federal jurisdiction, has:

a. Been convicted of or entered into a plea of no contest to a felony or to a misdemeanor involving dishonesty, fraud, deception, misrepresentation, embezzlement, or breach of fiduciary duty; or

b. Been issued a judgment or consent order for consumer fraud, securities violation, or civil racketeering;

7. The name, address, alias, and telephone number of each individual named in subsection (6) and the following:

a. The charged felony or misdemeanor;

b. Date of conviction or judgment;

c. Court having jurisdiction over the felony or misdemeanor;

d. Probation officer's name, address, and telephone number, if applicable; and

e. A copy of the notice of expungement, if applicable; and

f. A copy of the notice of restoration of civil rights, if applicable; and

8. A notarized statement signed by the owner and designated funeral director verifying the information on the application is true and correct;

Historical Note

Former Section R4-12-29 amended and renumbered as Section R4-12-205 effective June 16, 1981 (Supp. 81-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 1441, effective March 14, 2001 (Supp. 01-1).

R4-12-206. Application for a Prearranged Funeral Salesperson Registration

An applicant for a prearranged funeral salesperson registration shall submit an application packet to the Board that contains the fee required by the Board, information required in A.R.S. § 32-1391.14, and an application form that contains:

1. The applicant's telephone number and social security number;

2. A statement of whether the applicant is a funeral director or embalmer licensed in Arizona;

3. Whether the applicant has ever been convicted of or entered into a plea of no contest to a felony or to a misdemeanor involving dishonesty, fraud, deception, misrepresentation, embezzlement, or breach of fiduciary duty in any state or federal court within seven years preceding the date of application including the:

a. Charged felony or misdemeanor;

b. Date of conviction;

c. Court having jurisdiction over the felony or misdemeanor;

d. Probation officer's name, address, and telephone number, if applicable;

e. A copy of the notice of expungement, if applicable; and

f. A copy of the notice of restoration of civil rights, if applicable.

4. Whether the applicant, within seven years preceding the date of the application, has had an application for a license, registration, endorsement, or certificate denied or rejected by any state funeral licensing authority including the:

a. Reason for the denial or rejection,

b. Date of the denial or rejection, and

c. Name and address of the agency that denied or rejected the application;

5. Whether the applicant, within seven years preceding the date of the application, has had a license, certificate, endorsement, or registration suspended or revoked by any state funeral licensing authority including the:

a. Reason for the suspension or revocation,

b. Date of the suspension or revocation, and

c. Name and address of the agency that suspended or revoked the license;

6. A notarized statement signed by the applicant verifying the information on the application is true and correct; and

7. A notarized statement signed by the responsible funeral director verifying the applicant will be employed by the responsible funeral director upon issuance of the registration by the Board.

Historical Note

Former Rule, Section 9, Article 111; Former Section R4-12-30 renumbered as Section R4-12-206 effective June 16, 1981 (Supp. 81-3). Former Section R4-12-206 repealed and a new Section R4-12-206 adopted effective September 18,1987 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 1441, effective March 14, 2001 (Supp. 01-1).

R4-12-207. Application for a Crematory License

An applicant for a crematory license shall submit an application packet to the Board that contains the fee required by the Board, information required in A.R.S. § 32-1395, and the following:

1. An application form that contains:

a. The name of the crematory;

b. The address of the physical location and telephone number of the crematory;

c. Whether the crematory is a proprietorship, a corporation, a partnership, a limited liability company, or a subsidiary of a corporation, a partnership, or a limited liability company;

d. The name and license number of the responsible funeral director or cremationist;

e. The name and address of each person owning 10 percent or more of the establishment or corporation common stock;

f. A statement, signed by the responsible funeral director or cremationist and notarized, affirming licensure in Arizona and confirming responsibility for the crematory's compliance with Arizona state laws and rules;

g. If a corporation, partnership, or limited liability company:

i. The state and date of incorporation or formation;

ii. The name and address of the Arizona statutory agent or agent appointed to receive process; and

iii. The name, address, and title of each officer, director, general partner, or member;

h. Whether the applicant has ever been convicted of or entered into a plea of no contest to a class 1 or 2 felony, including the information in subsection (1)(i)(i) through (1)(i)(vi);

i. Whether the applicant, within five years from the date of the application, has been convicted of or entered into a plea of no contest to a felony or to a misdemeanor that is reasonably related to the applicant's proposed area of licensure including the:

i. Charged felony or misdemeanor;

ii. Date of conviction;

iii. Court having jurisdiction over the felony or misdemeanor;

iv. Probation officer's name, address, and telephone number, if applicable;

v. A copy of the notice of expungement; if applicable; and

vi. A copy of the notice of restoration of civil rights, if applicable;

j. Whether the applicant, within five years from the date of the application, has committed any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence, or incompetence reasonably related to the applicant's proposed area of licensure;

k. Whether the applicant is currently incarcerated or on community supervision after a period of imprisonment in a local, state, or federal penal institution or on criminal probation;

l. Whether the applicant, within five years from the date of the application, has had an application for a license, registration, certificate, or endorsement denied or rejected by any state funeral licensing authority including the:

i. Reason for the denial or rejection,

ii. Date of the denial or rejection, and

iii. Name and address of the agency that denied or rejected the application;

m. Whether the applicant has, within five years from the date of the application, had a license, registration, certificate, or endorsement suspended or revoked by any state funeral licensing authority including the:

i. Reason for the suspension or revocation,

ii. Date of the suspension or revocation, and

iii. Name and address of the state licensing authority that suspended or revoked the license;

n. Whether the applicant has ever surrendered a license, registration, certificate, or endorsement to the Board or any state funeral licensing authority; and

o. The applicant's signature;

2. A copy of a funeral establishment license or crematory authority certificate issued by the Arizona Department of Real Estate to a cemetery that operates a crematory.

Historical Note

Adopted effective January 2,1985 (Supp. &5-1). Amended by adding subsections (F) and (G) effective September 18, 1987 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 1441, effective March 14, 2001 (Supp. 01-1).

R4-12-208. Annual Intern, Apprentice Embalmer, or Embalmer's Assistant Report

A. To meet the requirements in A.R.S. §§ 32-1322(A), 32-1324, or 32-1325.01(B)(2), an intern, apprentice embalmer, or embalmer's assistant shall work a minimum of 40 hours each week and a minimum of 160 hours each month during an internship or apprenticeship.

B. As required in A.R.S. § 32-1330, an intern, an apprentice embalmer, or an embalmer's assistant shall submit the following on a form provided by the Board:

1. The name of the intern, apprentice embalmer, or embalmer's assistant;

2. The name of the funeral establishment employing the intern, apprentice embalmer, or embalmer's assistant;

3. The supervising embalmer's name and license number;

4. The beginning and ending dates being covered by the report;

5. The number of hours worked each week at the employing funeral establishment;

6. For each human body embalmed:

a. The name of the deceased;

b. The date of death;

c. A statement of whether an autopsy was performed; and

d. The supervising embalmer's signature and license number;

7. A statement signed by the intern, apprentice embalmer, or embalmer's assistant verifying the information on the report is true and correct;

8. A statement signed by the responsible funeral director verifying the intern; apprentice embalmer, or embalmer's assistant has been employed by the responsible funeral director; and

9. A statement signed by the supervising embalmer verifying supervision of the intern, apprentice embalmer, or embalmer's assistant.

Historical Note

Adopted effective January 2,1985 (Supp. 85-1). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 1441, effective March 14, 2001 (Supp. 01-1).

R4-12-209. State Equivalent Examination

A. The funeral service science section of the state equivalent examination shall consist of no fewer than 70 written questions covering the following subjects:

1. Embalming practices and procedures;

2. Methods of determining whether proper embalming practices and procedures are being or have been followed for the preservation of the human body and prevention of the spread of disease;

3. Laws and regulations and approved practices governing the preparation, burial, and disposal of human bodies; and

4. Methods of shipping human bodies when the cause of death is an infectious or contagious disease.

B. The funeral services arts section of the state equivalent examination shall consist of no fewer than 70 written questions covering the following subjects:

1. Funeral directing,

2. Funeral service law,

3. Funeral merchandising,

4. Business law,

5. Accounting,

6. Sociology,

7. Accounting, and

8. Psychology.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 1441, effective March 14, 2001 (Supp. 01-1).

R4-12-210. Application for a Cremationist License

An applicant for a cremationist license shall submit an application packet to the Board that contains all of the following:

1. An application form provided by the Board, signed and dated by the applicant that contains:

a. The applicant's name, mailing address, telephone number, and social security number;

b. The applicant's date and place of birth;

c. Any prior name or alias of the applicant;

d. The name, address, and telephone number of the crematory or funeral establishment employing the applicant, if applicable;

e. Whether the applicant has ever been convicted of or entered into a plea of no contest to a class 1 or 2 felony, including the information in subsections (1)(f)(i) through (1)(f)(vi) for each felony;

f. Whether the applicant, within the five years before the date of the application, has been convicted of or entered into a plea of no contest to a felony or to a misdemeanor that is reasonably related to the applicant's proposed area of licensure and the:

i. Charged felony or misdemeanor;

ii. Date of conviction;

iii. Court that has jurisdiction over the felony or misdemeanor;

iv. Probation officer's name, address, and telephone number, if applicable;

v. A copy of the notice of expungement, if applicable; and

vi. A copy of the notice of restoration of civil rights, if applicable;

g. Whether the applicant, within five years from the date of the application, has committed any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence, or incompetence reasonably related to the applicant's proposed area of licensure;

h. Whether the applicant is currently incarcerated, on community supervision after a period of incarceration in a local, state, or federal penal institution, or on criminal probation;

i. Whether the applicant, within five years from the date of the application, has had an application for a license, registration, certificate, or endorsement denied or rejected by any state funeral licensing authority and the:

i. Reason for the denial or rejection,

ii. Date of the denial or rejection, and

iii. Name and address of the agency that denied or rejected the application;

j. Whether the applicant has, within five years from the date of the application, had a license, registration, certificate, or endorsement suspended or revoked by any state funeral licensing authority and the:

i. Reason for the suspension or revocation,

ii. Date of the suspension or revocation, and

iii. Name and address of the state licensing authority that suspended or revoked the license;

k. Whether the applicant has ever surrendered a license, registration, certificate, or endorsement to the Board or any other state funeral licensing authority; and

l. A notarized statement by the applicant verifying that the information on the application is true and correct.

2. A copy of a certificate of completion of a crematory certification program issued by:

a. The manufacturer of a retort, or

b. An accredited organization that provides instruction for crematory operation;

3. A completed and legible fingerprint card; and

4. The fee required by the Board under A.R.S. § 32-1309.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 681, effective April 3, 2004 (Supp. 04-1).

R4-12-211. Renewal

A. An applicant for a renewal of a license, registration, or endorsement shall file a renewal application so the Board receives it on or before the following dates:

1. July 1 for an intern, embalmer, funeral director, funeral establishment, cremationist, or crematory license;

2. July 1 for an embalmer's assistant registration; or

3. July 31 for a prearranged funeral sales establishment endorsement or prearranged funeral salesperson registration.

B. An applicant for a renewal license, registration, or endorsement shall submit to the Board:

1. A renewal form, provided by the Board, that is signed and dated by the applicant and contains the applicant's:

a. Name,

b. Social security number,

c. Residence and practice addresses, and

d. Telephone number; and

2. The fee required by the Board under A.R.S. § 32-1309.

C. In addition to the requirements in subsection (B), an applicant renewing an intern, embalmer, or funeral director license or an embalmer's assistant registration shall submit to the Board a list of continuing education completed by the licensee or registrant or a continuing education waiver statement that meets the requirements in Article 4 of this Chapter.

Historical Note

Adopted effective Jun