SECTIONS 7686-7711 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7686-7711

7686. The bureau may suspend or revoke licenses, after proper
notice and hearing to the licensee, if the licensee has been found
guilty by the bureau of any of the acts or omissions constituting
grounds for disciplinary action. The proceedings under this article
shall be conducted in accordance with Chapter 5 of Part 1 of Division
3 of Title 2 of the Government Code, and the bureau shall have all
the powers granted therein.

7686.5. All accusations against licensees shall be filed with the
bureau within two years after the performance of the act or omission
alleged as the ground for disciplinary action; provided, however,
that the foregoing provision shall not constitute a defense to an
accusation alleging fraud or misrepresentation as a ground for
disciplinary action. The cause for disciplinary action in such case
shall not be deemed to have accrued until discovery, by the bureau,
of the facts constituting the fraud or misrepresentation, and, in
such case, the accusation shall be filed within three years after
such discovery.

7687. Upon receipt of a complaint, the bureau may make or cause to
be made such investigation as it deems necessary.

7690. The bureau may discipline every accused licensee whose
default has been entered or who has been tried and found guilty,
after formal hearing, of any act or omission constituting a ground
for disciplinary action.
Any of the following penalties may be imposed by the bureau:
(a) Suspension of the disciplinary order.
(b) Reproval, public or private.
(c) Probation.
(d) Suspension of the right to practice.
(e) Revocation of the right to practice.
(f) Such other penalties as the bureau deems fit.

7691. Conviction of a crime substantially related to the
qualifications, functions and duties of the license holder in
question constitutes a ground for disciplinary action. The record of
conviction, or a certified copy thereof, shall be conclusive evidence
of such conviction.

7692. Misrepresentation or fraud in the conduct of the business or
the profession of a funeral director or embalmer constitutes a ground
for disciplinary action.

7692.5. Any false or misleading statement regarding any law or
regulation pertaining to the preparation for burial, transportation
for burial, or burial of the dead, made wilfully by a licensee to
obtain business as a funeral director or embalmer, constitutes a
ground for disciplinary action.

7693. False or misleading advertising as a funeral establishment,
funeral director, or embalmer constitutes a ground for disciplinary
action.

7694. Solicitation, after a death or while a death is impending, of
funeral directing or embalming business by the licensee, or by the
agents, assistants or employees of the licensee, when such
solicitation is authorized or ratified by the licensee, constitutes a
ground for disciplinary action. This section does not prohibit
general advertising.

7695. Employment by the licensee of persons known as "cappers" or
"steerers" or "solicitors," or other such persons to solicit, after a
death or while a death is impending, funeral directing or embalming
business constitutes a ground for disciplinary action.

7696. Employment, directly or indirectly, of any apprentice, agent,
assistant, embalmer, employee or other person, on part or full time,
or on commission, for the purpose of calling upon individuals or
institutions by whose influence human remains may be turned over to a
particular funeral director or embalmer constitutes a ground for
disciplinary action.

7697. The buying, after a death or while a death is impending, of
funeral directing and embalming business by the licensee, the
licensee's agents, assistants or employees, or the direct or indirect
payment, or offer of payment, of a commission by the licensee, the
licensee's agents, assistants or employees for the purpose of such
buying of business, constitutes a ground for disciplinary action.

7699. Aiding or abetting an unlicensed person to practice funeral
directing or embalming constitutes a ground for disciplinary action.

7700. Using profane, indecent, or obscene language in the course of
the preparation for burial, removal, or other disposition of, or
during the funeral service for, human remains, or within the
immediate hearing of the family or relatives of a deceased, whose
remains have not yet been interred or otherwise disposed of
constitutes a ground for disciplinary action.

7701. Solicitation or acceptance by a licensee of any commission or
bonus or rebate in consideration of recommending or causing human
remains to be disposed of in any crematory, mausoleum or cemetery
constitutes a ground for disciplinary action.

7701.5. Solicitation or acceptance by a licensee of any commission
or bonus or rebate in consideration of recommending or causing the
purchase of flowers from any particular florist or dealer in flowers,
for use in connection with a funeral service, constitutes a ground
for disciplinary action.

7702. Using any casket or part of a casket which has previously
been used as a receptacle for, or in connection with the burial or
other disposition of, human remains constitutes a ground for
disciplinary action; provided, however, this section shall not apply
to exterior casket hardware which is not sold to the purchaser, or
where same is reserved by contract.

7703. Violation of any of the provisions of this chapter or of the
rules and regulations adopted pursuant to this chapter constitutes a
ground for disciplinary action.

7704. Violation of any state law or municipal or county ordinance
or regulation affecting the handling, custody, care or transportation
of human remains constitutes a ground for disciplinary action.

7705. Fraud or misrepresentation in obtaining a license constitutes
a ground for disciplinary action.

7706. Refusing to surrender promptly the custody of human remains,
the personal effects, and any certificate or permit required under
Division 102 (commencing with Section 102100) of the Health and
Safety Code that is in the possession or control of the licensee upon
the express order of the person lawfully entitled to custody of the
human remains constitutes a ground for disciplinary action.

7707. Gross negligence, gross incompetence or unprofessional
conduct in the practice of funeral directing or embalming constitutes
a ground for disciplinary action.

7708. The bureau, after a hearing, may deny the application of a
funeral establishment, funeral director, embalmer, or apprentice
embalmer on proof that the applicant has committed acts or crimes
constituting grounds for denial of licensure under Section 480. The
record of conviction, or a certified copy thereof, shall be
conclusive evidence of the conviction.

7709. A plea or verdict of guilty or a conviction following a plea
of nolo contendere is deemed to be a conviction within the meaning of
this article. The bureau may order the license suspended or revoked,
or may decline to issue a license, when the time for appeal has
elapsed, or the judgment of conviction has been affirmed on appeal or
when an order granting probation is made suspending the imposition
of sentence, irrespective of a subsequent order under the provisions
of Section 1203.4 of the Penal Code allowing such person to withdraw
his plea of guilty and to enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information or indictment.

7711. When a funeral establishment, funeral director or embalmer
has had his, or her, or its license suspended, canceled, or revoked
by the bureau, the bureau, upon written application by the licensee
affected, upon not less than 10 days' notice to all parties of record
in the particular case, and after hearing all evidence offered in
support of and in opposition to that application, may, in its
discretion, and upon those terms as it may deem just, reinstate the
applicant.