Commerce, Occupational and Professional Licensing

Rule R156-9

Funeral Service Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 36117
Filed: 04/30/2012 01:46:37 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Funeral Service Board reviewed the rule and determined changes should be made with respect to number of times examinations required for licensure can be taken by applicants for licensure. Also statutory citations have been updated where appropriate.

Summary of the rule or change:

In Subsections R156-9-102(2) and (4), statutory citations are updated. In Section R156-9-302a, proposed amendments delete the 30-day waiting period before an applicant is able to retake a failed examination and also further define the number of times an examination can be retaken by an applicant. Subsection R156-9-617(1) is deleted since no second paragraph exists in this section.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-9-504

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed funeral service classifications and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendment simplifying examination requirements only applies to applicants for licensure as a funeral service director or as a preneed sales agent. Those applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendment simplifying examination requirements for funeral service director and preneed sales agent applicants may slightly affect some applicants; however, any exact costs or savings cannot be determined.

Compliance costs for affected persons:

The proposed amendment simplifying examination requirements for funeral service director and preneed sales agent applicants may slightly affect some applicants; however, any exact costs or savings cannot be determined.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing simplifies testing requirements for applicants and could result in some cost savings to applicants. No fiscal impact to businesses is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2012

Interested persons may attend a public hearing regarding this rule:

• 05/31/2012 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

06/21/2012

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-9. Funeral Service Licensing Act Rule.

R156-9-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 9, as defined or used in this rule:

(1) "Contract" means a guaranteed preneed funeral arrangement contract.

(2) "Funeral service establishment" is defined in Subsection[s] 58-9-102 (18)[(12)(a)(i) and (ii), and (b)(i) and (ii)].

(3) "Guaranteed product contract" means a contract wherein goods or services are selected which will be provided at the time of need for the consideration specified in the contract regardless of the market price at the time of need.

(4) "Recipient of goods and services" is synonymous with "beneficiary" as defined in Subsection 58-9-102([1]2), and is used herein to avoid confusion with various common meanings of the term "beneficiary".

(5) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 9, is further defined in accordance with Subsection 58-1-203(1)(e) in Section R156-9-501.

 

R156-9-302a. Qualifications for Licensure - Examination Requirements.

In accordance with Subsections 58-1-203(1)([g]d) and 58-1-301(3), the qualifications for licensure in Subsections 58-9-302(1)(g), 58-9-302(2)(e), 58-9-302(4)(e) and 58-9-306(6) and (7) are defined, clarified, or established as follows:

(1) An applicant for licensure as a funeral service director shall be required to pass the National Board Examinations (science and art sections) of the Conference of Funeral Service Examining Boards. The examination may be taken while the individual is enrolled in an approved funeral service school.

(2) An applicant for licensure as a funeral service intern shall answer correctly all the law and rule questions in the open book examination contained in the application.

(3) An applicant for licensure as a funeral service director, preneed sales agent or funeral service director by endorsement shall pass the Utah Funeral Service Law and Rule Examination with a score of at least 75%.

(4) An individual who fails the Utah Funeral Service Law and Rule Examination may retake the failed examination:

(a) [no earlier than 30 days following any failure;

(b)] no more than three [failures]times within a six month period; and

([c]b) no earlier than [six]three months following any failure thereafter.

 

R156-9-617. Maximum Revocation Fee.

[(1) ]If a buyer revokes or defaults under a guaranteed preneed funeral arrangement contract, the funeral service establishment may retain a revocation fee from the trust corpus, not to exceed 25% of the amount received from the sale of the contract and trust earnings thereupon, provided the revocation fee is clearly identified in the contract.

 

KEY: funeral industries, licensing, funeral directors, preneed funeral arrangements

Date of Enactment or Last Substantive Amendment: [November 29, 2010]2012

Notice of Continuation: September 26, 2011

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504