1. (a)

   1. (1) Certificates of death filed after one (1) year but within four (4) years from the date of death shall be registered on the standard certificate of death form in the manner prescribed in Acts 1995, No. 1254, § 25.
   2. (2) This certificate shall be marked “delayed”.
2. (b) When the physician, coroner, medical examiner, or funeral director is not available, subsection (f) of this section shall be applicable.
3. (c) Delayed certificate of death form. All certificates registered four (4) years or more after the date of death are to be registered on a delayed certificate of death form prescribed by the State Registrar of Vital Records.

4. (d) Who may request a delayed certificate. Only the funeral director or the family of a person who died in the State of Arkansas, whose death is not recorded, may file a delayed certificate of death, subject to the:

   1. (1) Procedures and requirements established by this part; and
   2. (2) Instructions issued by the state registrar.

5. (e) When the attending physician, coroner or medical examiner, and the attending funeral director are available.

   1. (1) In cases where the attending physician, coroner or medical examiner, and the attending funeral director or the funeral director who has the deceased's records are available to complete and sign the certificate, a certificate may be completed without additional evidence and mailed directly to the Division of Vital Records.
   2. (2) The state registrar may request an affidavit to substantiate the death certificate.

6. (f) When the attending physician, coroner or medical examiner, and/or the attending funeral director are not available.

   1. (1) In cases where the attending physician, coroner or medical examiner, and/or the attending funeral director are not available to complete and sign the certificate, the person applying to file a certificate shall submit at least two (2) documents, subject to the discretion of the state registrar, to establish that:

      1. (A) The person at one time did exist; and
      2. (B) The death did occur at the time and place so stated.
   2. (2) The certificate filed shall contain only such information as can be proved by documentary evidence.

7. (g) Abstract on delayed death certificates. If an application is acceptable for filing, the state registrar shall abstract on the delayed death certificate form a description of each document submitted in support of the death registration, including the:

   1. (1) Title or description of the document;
   2. (2) Name of the affiant if the document is an affidavit of personal knowledge, or the name of the issuing organization if the document is an original or certified copy of a record or a signed statement taken from a document; and
   3. (3) Date.

8. (h) Date of filing and departmental certification. The state registrar then shall enter the date of filing and by his or her signature thereto shall certify that:

   1. (1) No prior death certificate is on file for the person whose death is to be recorded;
   2. (2) He or she has reviewed the evidence submitted to establish the facts of death; and
   3. (3) The summary or abstract of the evidence appearing on the delayed death certificate accurately reflects the nature and character of the document.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Reference: Section 26 of Act 1254 of 1995)"