Okla. Stat. tit. 59 § 396.12c

Current through Laws 2024, c. 453.

Section 396.12c - Refusal to issue or renew, revocation or suspension of license - Grounds - Definitions

A. After notice and hearing pursuant to Article II of the Administrative Procedures Act, the Oklahoma Funeral Board may refuse to issue or renew, or may revoke or suspend, any license or registration for any one or combination of the following:

1. Conviction of a felony crime that substantially relates to the occupation of a funeral director and poses a reasonable threat to public safety;

2. Conviction of a misdemeanor involving funeral services;

3. Gross malpractice or gross incompetency, which shall be determined by the Board;

4. False or misleading advertising as a funeral director or embalmer;

5. Violation of any of the provisions of the Funeral Services Licensing Act or any violation of Sections 201 through 231 of Title 8 of the Oklahoma Statutes;

6. Fraud or misrepresentation in obtaining a license;

7. Using any casket or part thereof which has previously been used as a receptacle for, or in connection with, the burial or other disposition of dead human remains, unless the disclosure is made to the purchaser;

8. Violation of any rules of the Board in administering the purposes of the Funeral Services Licensing Act;

9. Use of intoxicating liquor sufficient to produce drunkenness in public, or habitual addiction to the use of habit-forming drugs or either;

10. Solicitation of business, either personally or by an agent, from a dying individual or the relatives of a dead or individual with a terminal condition, as defined by the Oklahoma Advance Directive Act, other than through general advertising;

11. Refusing to properly release a dead human body to the custody of the person entitled to custody;

12. Violating applicable state laws relating to the failure to file a death certificate, cremation permit, or prearrangement or prefinancing of a funeral;

13. Failing to obtain other necessary permits as required by law in a timely manner;

14. Failing to comply with the Funeral Rules of the Federal Trade Commission, 15 U.S.C., Section 57a(a);

15. Failing to comply with any applicable provisions of the Funeral Services Licensing Act at the time of issuance or renewal;

16. Improper issuance or renewal of a license or registration;

17. Violating the provisions of subsection B of Section 396.12 of this title regarding advertisement of services at locations not licensed by the Board;

18. The abuse of a corpse whereby a person knowingly and willfully signs a certificate as having embalmed, cremated, or prepared a dead human body for disposition when, in fact, the services were not performed as indicated;

19. Simultaneous cremating of more than one human dead body without express written approval of the authorizing agent;

20. Cremating human remains without the permit required by Section 1-329.1 of Title 63 of the Oklahoma Statutes;

21. Intentional interference with an investigation by the Board or failure to allow access to funeral records during an investigation or to produce records for an investigation; or

22. Failure to properly discharge financial obligations as established by rule of the Board.

B. As used in this section:

1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.

Okla. Stat. tit. 59, § 396.12c

Amended by Laws 2019 , c. 363, s. 16, eff. 11/1/2019.

Amended by Laws 2013 , c. 97, s. 4, eff. 11/1/2013.

Added by Laws 1989, SB 155, c. 297, §11, eff. 11/1/1989; Amended by Laws 1999 , SB 86, c. 64, §12, emerg. eff. 7/1/1999; Amended by Laws 2003 , HB 1270, c. 57, §14, emerg. eff. 4/10/2003.