54-3804. DENIAL, SUSPENSION, OR REVOCATION OF LICENSES — GROUNDS — PROBATION. The board may refuse to issue or may refuse to renew or may suspend or may revoke any license, or may place the holder thereof on a term of probation, after proper hearing, upon finding that the holder of such license committed any of the following acts or omissions:

(1) Conviction of, being found guilty of, pleading guilty to or receiving withheld judgment for a crime involving moral turpitude.

(2) Conviction of, being found guilty of, pleading guilty to or receiving withheld judgment for a felony.

(3) Unprofessional conduct, which is hereby defined to include:

(a) Misrepresentation or fraud in the conduct of cemetery services;

(b) False or misleading advertising as a holder of a license for the advertising or using the name of an unlicensed person in connection with that of any cemetery establishment;

(c) Employment directly or indirectly, of any resident trainee, agent, assistant, employee, or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular cemetery establishment;

(d) Gross immorality;

(e) Aiding or abetting an unlicensed person to engage in practice as a cemeterian;

(f) Violation of any of the provisions of section 54-1116, Idaho Code.

(g) Violation of any state law, or municipal or county ordinance, or regulation authorized under this act affecting the handling, custody, care, processing or transportation of dead human bodies;

(h) Fraud or misrepresentation in obtaining or renewing a license;

(i) Violation of statutes of any state having to do with prearrangement or prefinancing of cemetery supplies or services.

History:

[(54-3804) 54-3904, added 1989, ch. 138, sec. 3, p. 318; am. and redesig. 2005, ch. 25, sec. 103, p. 126.]