DAR File No. 38737

Commerce, Occupational and Professional Licensing

Rule R156-9

Funeral Service Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38737
Filed: 08/05/2014 02:17:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Funeral Service Licensing Board reviewed the rule and determined proposed amendments are needed to change the requirement for the open book laws and rules exam for funeral service intern applicants to the same laws and rules exam required for other funeral service licensing applicants.

Summary of the rule or change:

In Subsection R156-9-102(5), the rule citation referenced is updated to Section R156-9-502. In Section R156-55a-302a, the proposed amendments change the requirement for the open book laws and rules exam for funeral service interns to the same laws and rules exam required for other funeral service licensing applicants.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 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 applicants for licensure as a funeral service intern. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to applicants for licensure as a funeral service intern. These applicants 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:

Funeral service intern applicants will be required to take and pass the laws and rules exam administered by the Division's contract testing agency at a cost of $72 rather than the current open book laws and rules exam which does not have a cost. However, these applicants will not then later be required to take the contract testing agency laws and rules exam when they apply for the funeral service director license. In effect, this rule eliminates the no cost open book laws and rules exam for a funeral service intern who eventually becomes licensed as a funeral service director. The extra open book test was determined to be a duplicative requirement.

Compliance costs for affected persons:

Funeral service intern applicants will be required to take and pass the laws and rules exam administered by the Division's contract testing agency at a cost of $72 rather than the current open book laws and rules exam which does not have a cost. However, these applicants will not then later be required to take the contract testing agency laws and rules exam when they apply for the funeral service director license. In effect, this rule eliminates the no cost open book laws and rules exam for a funeral service intern who eventually becomes licensed as a funeral service director. The extra open book test was determined to be a duplicative requirement.

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

This filing imposes an examination requirement on individuals who wish to obtain the funeral service intern license. The cost of the examination is currently $72. It is anticipated that this cost will be borne by individuals seeking licensure, with no resulting costs to businesses.

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:

• Dan Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov

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:

10/01/2014

Interested persons may attend a public hearing regarding this rule:

• 09/08/2014 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464 (fourth floor), Salt Lake City, UT

This rule may become effective on:

10/08/2014

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 58-9-102(18).

(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(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]502.

 

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

In accordance with Subsections 58-1-203(1)(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, funeral service intern, 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]3) An individual who fails the Utah Funeral Service Law and Rule Examination may retake the failed examination:

(a) no more than three times within a six month period; and

(b) no earlier than three months following any failure thereafter.

 

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

Date of Enactment or Last Substantive Amendment: [June 21, 2012]2014

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