Miss. Code § 73-11-57.2

Current through 6/1/2024

Section 73-11-57.2 - [Repealed Effective 7/1/2025] License required to be funeral service, funeral director or certified crematory operator; violations

(1) No person or entity shall engage in any activity for which a license is required under this chapter, without holding such licensure in good standing.

(2) A person may not be, act as, or advertise or hold himself or herself out to be a funeral service, a funeral director, or a certified crematory operator unless he or she is currently licensed by the board.

(3) When the board has reasonable cause to believe that any person or entity not licensed under this chapter has violated any provision of this chapter or any rule adopted under this chapter, the board may issue an administrative complaint to such person or entity, alleging violation of this chapter and providing notice therein of intent by the board to order such person to cease and desist from the alleged violation of this chapter, to take corrective action, including payment of restitution to persons adversely affected by the violation, to pay the board's reasonable costs of investigation and prosecution, or to impose a fine of up to Five Thousand Dollars ($5,000.00) upon such person for each violation of this chapter alleged in the administrative complaint.

When issuing an administrative complaint to such person or entity, the board shall order a hearing for the subject individual or entity to appear and show cause why he/she should not be disciplined for a violation of this chapter. Any party appearing before the board may be accompanied by counsel. The board is vested with full power and authority to hold and conduct such hearings, compel the attendance of witnesses and the production of books, records and documents, issue subpoenas therefor, administer oaths, examine witnesses, and do all things necessary to properly conduct such hearings.

(4) Where the board determines that an emergency exists regarding any violation of this chapter by any unlicensed person or entity, the board may issue and serve an emergency order upon such unlicensed person or entity. Such an emergency order may impose such prohibitions and requirements as are reasonably necessary to protect the public health, safety and welfare. Such emergency order shall be effective on the date of service on the unlicensed person or entity.

(a) For the purpose of enforcing such an emergency order, the board may file in circuit court for an injunction or other order seeking enforcement of the emergency order. The court shall issue its injunction or other order enforcing the emergency order pending administrative resolution of the matter under subsection (3) of this section, unless the court determines that such action would work a manifest injustice under the circumstances. Venue for judicial actions under this section shall be, at the election of the board, in the Circuit Court of Rankin County or in a circuit court of a county where the respondent resides or has a place of business.

(b) After serving an emergency order on any person or entity, the board shall within ten (10) days issue and serve upon the same person or entity an administrative complaint as set forth in subsection (3) of this section, except that, absent order of a court to the contrary, the emergency order will be effective throughout the pendency of proceedings under subsection (3) of this section.

(5) For the purpose of this section, the violation of this chapter by a person who is not licensed under this chapter or by any person who aids and abets the unlicensed activity shall be presumed to be irreparable harm to the public health, safety, or welfare.

(6) Any administrative complaint or emergency order under this section may be served in person by a board employee or by certified mail, return receipt requested, to the subject's place of residence or business, or by other means authorized by law.

(7) An aggrieved party shall have the right of appeal from the assessment and levy of a monetary penalty as provided in this section under the same conditions as a right of appeal is provided elsewhere for appeals from an adverse ruling, order or decision of the board.

Miss. Code § 73-11-57.2

Added by Laws, 2023, ch. 450, SB 2090,§ 4, eff. 7/1/2023.