§ 3402 — Funeral directing advisory board

§ 3402. Funeral directing advisory board. 1. There shall be in the\ndepartment a funeral directing advisory board consisting of ten members\nwho shall be appointed by the commissioner of health of whom three shall\nbe representatives of consumer interests, having no pecuniary interest,\naffiliation or other association, direct or indirect, other than as\nconsumers, with any business affecting the disposal or burial of\ndeceased human beings, as the commissioner shall determine, six shall be\nlicensed funeral directors, undertakers or embalmers in this state,\nhaving been actually engaged in the practice of funeral directing,\nundertaking or embalming, as the case may be, for at least five years\nprior to appointment and one member shall be an officer, director or\nemployee of a cemetery corporation. The term of each member of such\nadvisory board shall be three years, or until a successor is appointed,\nand vacancies shall be filled for the unexpired term only. The\ncommissioner of health may remove any member of the board for\nmisconduct, incompetence or neglect of duty after such member shall have\nbeen given a written statement of the charges and an opportunity to be\nheard thereon.\n 2. The board shall elect annually from its members a chairman and\nvice-chairman and for the purpose of transacting its business shall meet\nat least once every three months. Special meetings also may be held as\nfrequently as its business may require at the call of the chairman upon\nthe request of a majority of the members of the board or as requested by\nthe commissioner of health. Written notice of the time, place and\npurpose of meetings shall be mailed by the secretary to all members at\nleast ten days before the date of the meeting. A quorum of the board\nshall consist of not less than six members.\n 3. Members of the advisory board shall receive no compensation, but\neach shall be entitled to receive his reasonable expenses actually and\nnecessarily incurred in the performance of his duties.\n 4. The commissioner shall designate an officer or employee of the\ndepartment to act as secretary of the board, who shall not be a member\nof the board and who shall not receive any additional compensation\ntherefor.\n 5. The commissioner shall request the advisory board to, and upon such\nrequest the advisory board shall, or upon its initiative the advisory\nboard may\n (a) consider any matters relating to the practice of funeral\ndirecting, undertaking or embalming, including any matter pertaining to\nthe administration and enforcement of this article and advise the\ncommissioner thereon;\n (b) recommend to the commissioner the establishment of such laws as\nmay be deemed necessary in respect to the practice of funeral directing;\n (c) recommend to the commissioner the promulgation of rules and\nregulations not inconsistent with law, as may be deemed necessary, and\nthe amendment or repeal thereof;\n (d) recommend to the commissioner the commencement of any\ninvestigation into improper practices of licensees;\n (e) report, within forty-five days after receipt, on any proposed\nregulations, amendments thereto, or repeal thereof, prior to action\nthereon by the commissioner;\n (f) review the applications for registration of candidates for either\npractical or academic training and make recommendations to the\ncommissioner for the acceptance or rejection thereof.\n (g) delegate one member of the board to attend any formal disciplinary\nhearing and subsequent proceedings involving an alleged violation of\nthis article. The board shall not delegate a member who practices\nfuneral directing, embalming or undertaking in the same judicial\ndistrict as an accused licensee.\n 6. The advisory board shall have no executive, administrative or\nappointive powers or duties.\n