Ariz. Admin. Code § 4-12-120

Current through Register Vol. 30, No. 50, December 13, 2024

Section R4-12-120 - Inspection Procedures

A. The Board shall inspect a funeral establishment or crematory:

1. Before issuing an initial license under A.R.S. § 32-1383; and

2. Once every five years under A.R.S. § 32-1307(A)(5)(h).

B. The Inspection shall include:

1. Reviewing equipment and the physical plant;

2. Interviewing personnel;

3. For a funeral establishment, inspecting for compliance with A.R.S. Title 32, Chapter 12, Articles 2, 3, 3.1, 4, and 5, and A.A.C. Title 4, Chapter 12, Articles 3 and 5; and

4. For a crematory, inspecting the crematory for compliance with A.R.S. Title 32, Chapter 12, Article 6 and A.A.C. Title 4, Chapter 12, Article 6.

C. At the inspection site, the Board shall make a verbal report of findings to an applicant or licensee upon completion of an inspection.

D. Within 15 days of the inspection, the Board shall send to the applicant or licensee a written report of its findings that includes:

1. A statement that no deficiencies were found, or

2. If deficiencies are found:

a. A list of any deficiencies identified during the inspection,

b. A citation to each statute or rule that has not been complied with,

c. A request for a written plan of correction, and

d. The time-frame for correcting the deficiencies.

E. Within 15 days after receiving a request for a written plan of corrections, an applicant or licensee shall submit to the Board a written plan of correction that includes:

1. The identified deficiency,

2. How the applicant or licensee will correct the deficiency, and

3. When the applicant or licensee will correct the deficiency.

F. The Board shall accept a written plan of correction if it:

1. Describes how each deficiency will be corrected to bring the:

a. Funeral establishment into substantial compliance with A.R.S. Title 32, Chapter 12, Articles 2, 3, 3.1, 4, and 5, and A.A.C. Title 4, Chapter 12, Articles 3 and 5; or

b. Crematory into substantial compliance with A.R.S. Title 32, Chapter 12, Article 6 and A.A.C. Title 4, Chapter 12, Article 6.

2. Includes a date for correcting each deficiency as soon as practicable based upon the actions necessary to correct the deficiency.

G. The Board shall provide an applicant or licensee with an opportunity to correct the deficiencies unless the Board determines the deficiencies are:

1. Committed intentionally;

2. Evidence a pattern of noncompliance:

a. For a funeral establishment, with A.R.S. Title 32, Chapter 12, Articles 2, 3, 3.1, 4, and 5, and A.A.C. Title 4, Chapter 12, Articles 3 and 5; or

b. For a crematory, with A.R.S. Title 32, Chapter 12, Article 6 and A.A.C. Title 4, Chapter 12, Article 6; or

3. A risk to the public health, safety, or welfare.

H. If an applicant or licensee does not correct the deficiencies within the time-frame approved by the Board, the Board may:

1. If requested by the applicant or licensee, extend the time-frame for situations beyond the control of the applicant or licensee, such as:

a. When the applicant or licensee in good faith is unable to obtain the items necessary to correct the deficiencies within the time-frame approved by the Board, or

b. The time needed to correct the deficiencies is longer than the time-frame approved by the Board due to the complexity, nature, or amount of deficiencies.

2. If the applicant or licensee fails to correct the deficiencies within the time-frame approved by the Board, take the disciplinary actions stated in A.R.S. § 32-1390.01 or A.R.S. § 32-1398.

Ariz. Admin. Code § R4-12-120

New Section made by final rulemaking at 11 A.A.R. 3160, effective October 1, 2005 (Supp. 05-3).