32-1367. Investigations; initial review; disciplinary proceedings; civil penalty; letters of concern; rehearings

A. The board shall conduct an investigation when it receives a written complaint that appears to show the existence of any grounds for disciplinary action under this chapter or rules adopted pursuant to this chapter.

B. The board on its own initiative may investigate any information that appears to show the existence of any grounds for disciplinary action under this chapter or rules adopted pursuant to this chapter.

C. If it appears after an initial investigation that grounds for disciplinary action may exist, the board may either request an informal interview with the licensee or registrant or may issue a notice of a formal hearing. If the initial investigation indicates that suspension other than a temporary suspension imposed pursuant to subsection D of this section or revocation of a license, registration or endorsement may be warranted, the board shall schedule a formal hearing pursuant to title 41, chapter 6, article 10.

D. After completing an informal interview, the board may take any or all of the following disciplinary actions:

1. Issue a letter of censure or reprimand.

2. Impose probationary terms as the board deems necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee or registrant. Probationary terms imposed pursuant to this paragraph may include temporary suspension of a license, registration or endorsement for a period of not more than thirty days, restriction of the licensee's or registrant's right to practice pursuant to this chapter and a requirement that restitution be made to any funeral service consumer or other person who was injured by a violation of this chapter or rules adopted pursuant to this chapter. A licensee's or registrant's failure to comply with any probationary terms imposed pursuant to this paragraph is cause for the board to consider the entire case against the licensee or registrant and any other alleged violations of this chapter at a formal hearing.

3. Impose a civil penalty of not more than one thousand dollars for each violation.

E. After completing a formal hearing, the board may take any or all of the following disciplinary actions:

1. Issue a letter of censure or reprimand.

2. Impose probationary terms as the board deems necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee or registrant. Probationary terms imposed pursuant to this paragraph may include a requirement that restitution be made to any funeral service customer or other person who was injured by a violation of this chapter or rules adopted pursuant to this chapter.

3. Impose a civil penalty not to exceed three thousand dollars per violation.

4. Suspend a license, registration or endorsement for not more than ninety days for a first offense and not more than one hundred eighty days for a second offense.

5. Revoke a license, registration or endorsement.

F. If, as a result of information ascertained during an investigation, informal interview or formal hearing, the board determines that an alleged violation of this chapter or rules adopted pursuant to this chapter is not sufficiently serious to warrant disciplinary action, the board may issue a letter of concern to the licensee or registrant. The letter of concern shall advise the licensee or registrant of the possible violation.

G. If a licensee or registrant refuses to participate in an informal interview or a formal hearing, the board may take any or all of the disciplinary actions listed in subsections D and E of this section.

H. Before the board may revoke or suspend a license, registration or endorsement, other than a temporary suspension imposed pursuant to subsection D of this section, the board shall serve notice and conduct a hearing in the manner prescribed in title 41, chapter 6, article 10.

I. After service of notice of a decision of the board suspending or revoking a license, registration or endorsement or imposing a disciplinary action on a licensee or registrant pursuant to subsection D or E of this section, a licensee may apply for a rehearing or review by filing a motion pursuant to title 41, chapter 6, article 10. The filing of a motion for a rehearing or review suspends the operation of the board's decision to impose a disciplinary action and allows the licensee or registrant to continue to practice pending a denial or granting of the petition and pending the decision of the board on rehearing if a rehearing is granted. The board also may grant a rehearing on its own motion if it finds newly discovered evidence or for any other reason that justifies a reconsideration of a matter.

J. Except as provided in section 41-1092.08, subsection H, any party who is aggrieved by a final order or decision of the board may appeal to the superior court pursuant to title 12, chapter 7, article 6.

K. All notices that the board is required to provide to any person under this chapter are fully effective by personal service or by mailing a copy of the notice by certified mail addressed to the person's last known address of record in the board's files. Notice by mail is complete at the time of its deposit in the mail.

L. In addition to the requirements of subsection K of this section, a funeral establishment or crematory shall file a notice with the board identifying the person on whom the board's notices relating to the funeral establishment or crematory shall be served.