(1) A person shall not advertise, represent, or hold themself out as or use the title of a mortuary science practitioner unless the person holds a mortuary science practitioner license issued in accordance with section 12-135-501.
(2) A person shall not advertise, represent, or hold themself out as or use the title of a funeral director unless the person holds a funeral director license issued in accordance with section 12-135-501.
(3) A person shall not advertise, represent, or hold themself out as or use the title of an embalmer unless the person holds an embalmer license issued in accordance with section 12-135-501.
(4) A person shall not advertise, represent, or hold themself out as or use the title of a cremationist unless the person holds a cremationist license issued in accordance with section 12-135-501.
(5) A person shall not advertise, represent, or hold themself out as or use the title of a natural reductionist unless the person holds a natural reductionist license issued in accordance with section 12-135-501.
Source: L. 2024: Entire part added with relocations, (SB 24-173), ch. 240, p. 1576, � 2, effective May 24.
Editor's note: (1) Subsection (1) is similar to former � 12-135-111 (1); subsection (2) is similar to former � 12-135-111 (2); subsection (3) is similar to former � 12-135-111 (3); and subsection (4) is similar to former � 12-135-304, as they existed prior to 2024.
(2) Amendments to � 12-135-111, as it existed prior to its repeal in 2024, by HB 24-1335 were harmonized and relocated to this section in 2024 as it was added by SB 24-173.
12-135-507. Disciplinary proceedings - investigations - hearings - judicial review - fines. (1) (a) The director may investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director pursuant to section 12-20-403, this article 135, and article 4 of title 24.
(b) On completion of an investigation, the director shall find one of the following:
(I) The complaint is without merit and no further action is needed;
(II) Reasonable cause to warrant further action does not exist;
(III) The licensee engaged in conduct that does not warrant formal action but that should not be dismissed as being without merit; or
(IV) The complaint or investigation discloses misconduct by the licensee that warrants formal action.
(c) If the director makes a finding described in subsection (1)(b)(IV) of this section, the director may initiate disciplinary proceedings pursuant to subsection (3) of this section.
(2) An employer of a mortuary science professional shall report to the director a termination, disciplinary action, or resignation in lieu of termination or disciplinary action if the action was taken for conduct that violates this article 135 or a rule promulgated under this article 135.
(3) (a) The director may commence a disciplinary proceeding when the director has reasonable grounds to conclude that a licensee has committed an act or omission described in section 12-135-508 or an act that violates this article 135 or a rule promulgated under this article 135.
(b) The director shall conduct disciplinary proceedings in accordance with section 12-20-403 and article 4 of title 24.
(c) If the director finds, in accordance with article 4 of title 24, the charges proven and orders that discipline be imposed, the director shall determine the extent of the discipline.
(d) If the director finds the charges against the licensee proven and orders that discipline be imposed, the director may require, as a condition to reinstate a suspended, revoked, or denied license, that the licensee take courses of training or further education as may be needed to correct a deficiency.
(4) (a) Section 12-20-408 governs judicial review of a final action of the director.
(b) The director may bring an action for the enforcement of an order of the director in accordance with section 12-20-406.
(5) If a person commits an act that violates this article 135 or a rule promulgated under this article 135, the director may impose a fine not to exceed five thousand dollars per violation. Each day of a continuing violation constitutes a separate violation.
Source: L. 2024: Entire part added with relocations, (SB 24-173), ch. 240, p. 1577, � 2, effective May 24.