- (a) The Board shall act promptly on a claim made under this subtitle.
(b) On receipt of a claim, the Board shall:
(1) Forward a copy of the claim:
- (i) To each licensee alleged to be responsible for the act or omission giving rise to the claim;
- (ii) To each unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and
- (iii) To each funeral establishment that employs a licensee or unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and
- (2) Request from each of the persons listed in item (1) of this subsection a written response within 10 days to the allegations set forth in the claim.
(c)
(1) The Board:
- (i) Shall review the claim and any response to the claim; and
- (ii) May conduct an investigation of the claim.
(2) On the basis of its review and any investigation that the Board conducts, the Board shall:
- (i) Set the matter for a hearing; or
- (ii) If the claim is frivolous, made in bad faith, or legally insufficient, dismiss the claim.
- (d) At any claim hearing, the burden of proof shall be on the claimant to establish the validity of the claim.
Added by Acts 2008, c. 532, § 1, eff. Jan. 1, 2009.