a) "Dishonorable, unethical or unprofessional conduct", as used in Section 25-10(a)(9) of the Act, is defined as follows:

1. 1) In determining what constitutes dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public, the Division shall consider whether the questioned activities:

   1. A) Violate ethical standards of the profession, including the standards set by Section 10-23 of the Act and Section 1249.330;

2. B) Caused actual harm to any consumer or member of the public; or

   1. C) Are reasonably likely to cause harm to any consumer or member of the public in the future.

3. 2) Dishonorable, unethical or unprofessional conduct includes, but is not limited to:

   1. A) Disclosing financial or other confidential information regarding the deceased or the person providing for the burial;
   2. B) Discrimination based on race, color, sex, sexual orientation, age, religion, national origin or other characteristics protected by applicable laws. A religious cemetery may restrict its services to those of the same religious faith;
   3. C) Intentionally or recklessly not providing adequate protection in upholding the sanctity of handling and disposition of human remains;
   4. D) Intentionally or recklessly misrepresenting any laws concerning burial or funeral regulations; and
   5. E) Defrauding or deceiving the consumer by misrepresenting goods or services sold.

b) "Professional incompetence", as used in Section 25-10(a)(5) of the Act, is defined as follows:

1. 1) In determining what constitutes professional incompetence, the Division shall consider whether the questioned activities:

   1. A) Violate standards of the profession or rules, regulations or laws governing the cemetery or profession;

2. B) Caused actual harm to any consumer or member of the public; or

   1. C) Are reasonably likely to cause harm to any consumer or member of the public in the future.

2) Professional incompetence includes, but is not limited to:

1. A) Negligent failure to keep accurate and complete records, including failure to include all prices of goods/services in the contract or failure to give a receipt for full or partial payment;
2. B) Negligently misrepresenting rules, regulations or laws governing the cemetery or profession; or
3. C) Negligently misrepresenting goods or services sold.