Ala. Admin. Code r. 395-X-4-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 395-X-4-.07 - [Effective 12/15/2024] Closure of Funeral Establishment

1. A licensed funeral establishment may voluntarily close for operation by meeting the following requirements.

a. The establishment must declare its intent to cease operation on a form prescribed by the Board.

b. The establishment shall work with the Board to establish an effective date of closure.

c. Prior to the effective date of closure, the establishment shall:

i. file all death certificates with the Department of Health;

ii. complete all arrangements for remains in the establishment's custody and care, including disposal of all cremated remains, in accordance with Chapter 13 of Title 34 of the Code of Alabama of 1975;

iii. ensure that no remains are present or in the custody and care of the establishment;

iv. account for and transfer (if necessary) all preneed contracts;

v. take any other action necessary to protect consumers as determined and directed by the Board.

d. The establishment shall surrender the establishment license issued by the Board.

e. Upon approval of the closure by the Board, the establishment shall cease and desist from all operation related to any activity regulated by Title 34, Chapter 13 and by rule of the Board.

2. Because statute requires that every establishment shall be operated under the full charge, control, and supervision of a managing funeral director and managing embalmer, if either the managing funeral director and/or the managing embalmer of record for the establishment removes their license from the establishment or the position otherwise becomes vacant, the Board may designate the establishment as closed subject to the following procedures:

a. Within 72 hours of a vacancy in either or both of the establishment's licensed managing positions, the establishment must provide the Board with completed managing affirmation letter(s) (in a form prescribed by the Board) naming a replacement for each vacancy.

b. The establishment may temporarily continue operation during the 72-hour period only under the direction of a licensed funeral director and licensed embalmer who the establishment shall appoint as the "temporary managing funeral director" or "temporary managing embalmer," as appropriate.

i. The establishment may not operate until it has certified to the Board (on a form to be prescribed by the Board) that a temporary licensed manager corresponding to the appropriate vacancy has been appointed.

ii. A temporary licensed manager shall be responsible for the operations of the establishment corresponding to his or her respective area of practice to the same extent as a permanent licensed manager, including potential supervisory liability for violations of Chapter 13 of Title 34 of the Code of Alabama of 1975.

iii. A temporary licensed manager may simultaneously hold a position as a permanent licensed manager at another funeral establishment; provided, nothing in this subsection alters the statutory prohibition that an individual cannot serve as a permanent licensed manager for more than one funeral establishment.

c. The establishment shall cease and desist from all operation as a funeral establishment if the managing affirmation letter(s) prescribed by the Board is not received within 72 hours of a vacancy in either or both of the establishment's licensed managing positions.

3. The Board may serve a Notice of Closure listing the establishment license number and the effective date of closure to any establishment subject to closure pursuant to the foregoing provisions. As of the effective date of closure, the establishment must cease and desist from all operation related to any activity regulated by Chapter 13 of Title 34 of the Code of Alabama of 1975 or by rule of the Board.

4. Upon a closure approved by the Board pursuant to this rule, the Board shall change the designation of the establishment's license from "active" to "closed."

5. An establishment that has been designated as closed may reopen by:

a. complying with all action required in any Corrective Action Notice issued by the Board in conjunction with the establishment's closure; and

b. receiving written approval from the Board either rescinding the Notice of Closure or approving an application for a new establishment license in accordance with Title 34, Chapter 13 and rule of the Board, as appropriate.

6. An establishment aggrieved by any action taken pursuant to this rule may request a public hearing before the board to appeal the action of the board. The request for a public hearing shall be submitted to the Board in writing within 14 calendar days after the action to be challenged was taken. Upon request, the Board shall schedule a hearing and provide the establishment with at least 20 days' notice of the public hearing by United States certified mail.

Ala. Admin. Code r. 395-X-4-.07

Adopted by Alabama Administrative Monthly Volume XLIII, Issue No. 01, October 31, 2024, eff. 12/15/2024.

Author: Charles M. Perine

Statutory Authority:Code of Ala. 1975, 34-13-23, 34-13-26, 34-13-110, 34-13-112