- (a) Complaints concerning violations of statutes or State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services rules may be made by the board itself, through its staff, or by a member of the public.
- (b) All complaints shall be submitted to the board’s office.
- (c) A copy of any complaint filed will be sent to the licensee or party against whom the complaint has been lodged.
(d)
- (1) The licensee or other party is to be given fifteen (15) business days to respond, in writing, to the allegations of the complainant.
- (2) The failure to respond to the complaint and the failure to timely respond to the complaint are violations of this section.
(e)
- (1) All complaints and responses shall be typed or written legibly.
- (2) All complaints and responses shall also be signed and notarized.
(f)
- (1) Upon receipt of the response or responses, the complaint will be investigated if so warranted.
- (2) When appropriate, the board’s inspector may inspect the establishment against whom the complaint has been filed.
- (g) After any investigation is complete, the board’s counsel will review the complaint file.
(h) Board staff will then recommend that the board either:
- (1) Close the complaint because there is no evidence of violations;
- (2) Set the matter for a hearing; or
- (3) Resolve by another means.
- (i) If the board determines that the matter should be set for a hearing, then an order and notice of hearing will be sent to the licensee or licensees or other party or parties by certified mail.
(j)
- (1) The licensee or other party and the complainant shall be given twenty (20) days written notice of the time and place of the hearing.
- (2) Failure to appear at the hearing is a violation of this section.