When the department has reason to believe that an applicant or licensee has been guilty of any of the following acts or omissions, it may conduct an investigation, and the department may, after proper hearing and notice in accordance with AS 44.62 (Administrative Procedure Act), refuse to issue, refuse to renew, or may suspend or revoke, a license upon a finding by the department of any of the following acts or omissions:
(1) fraud or misrepresentation in obtaining a license;
(2) misrepresentation or fraud in the practice of mortuary science;
(3) false or misleading advertising;
(4) aiding or abetting an unlicensed person to practice mortuary science;
(5) using a casket or part of a casket which has previously been used as a receptacle for the burial or other final disposition of another dead human body;
(6) refusing to promptly surrender the custody of a dead human body upon the order of the person lawfully entitled to custody;
(7) solicitation of a dead human body by the licensee, the licensee's agents, servants or employees, if solicitation occurs after death, or while death is impending but this does not prohibit advertising or sales made on a pre-need basis;
(8) employment by the licensee of any person for the purpose of calling upon individuals or institutions to influence them to turn over a dead human body to a particular licensee immediately before an impending death or after death;
(9) the direct or indirect payment or offer of payment for the purpose of obtaining a dead body by the licensee, the licensee's agents, servants or employees immediately before an impending death or after death;
(10) immediately before impending death or after death, solicitation or acceptance by a licensee of any payment for recommending or causing a dead human body to be disposed of in a specific crematory, mausoleum or cemetery; however, this section does not prevent the recommendation or solicitation for sales of space and merchandise in a specific crematory, mausoleum or cemetery, if the licensee has an ownership interest in the specific crematory, mausoleum or cemetery and the ownership interest is disclosed at the time of the solicitation, recommendation or sale;
(11) violation of a state law or regulation or municipal ordinance or regulation or federal law or regulation affecting the disposition of a dead human body, or contracts relating to the disposition of a dead human body;
(12) violation of any of the provisions of this chapter;
(13) conviction of a felony involving moral turpitude.
Section: Previous 08.42.020 08.42.030 08.42.040 08.42.050 08.42.060 08.42.070 08.42.080 08.42.085 08.42.090 08.42.100 08.42.110 08.42.120 08.42.130 08.42.200 NextLast modified: November 15, 2016