New Hampshire Administrative Code

Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a petition which contains: (a) A statement of the petitioner's interest in the subject matter of the proposed rule; (b) The text of the proposed rule or …

(a) The board shall, by order, grant or deny a petition for rulemaking. Before issuing such an order, however, the board may require additional data or argument from the petitioner or other interested persons. (b) The board shall grant the petition for rulemaking unless the adopt…

The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11. Notes N.H. Admin. Code § Frl 213.01 #6928, eff 1-1-99, EXPIRED: 1-1-07 New. #9784, INTERIM, eff 9-20-10, EXPIRED: 3-21-11 New. #9949-A, eff 6-24-11…

(a) Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Frl 213:03. (b) People who wish to testify shall be asked to write on the speaker's list: (1) Their full names and addresses; and (2) The…

The board's chair or other person designated by the board to preside over a hearing shall: (a) Refuse to recognize for speaking or revoke the recognition of any person who: (1) Speaks or acts in an abusive or disruptive manner; (2) Fails to keep comments relevant to the proposed …

Public comment hearings shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow a hearing to go forward: (a) Limitation of the placement of cameras to specific locations within the hearing room; or (b) Prohibi…

(a) Public comment hearings shall be presided over by the board chair or a board member knowledgeable in the subject area of the proposed rules who has been designated by the board to preside over the hearing. (b) The chair or other person presiding over a hearing shall:(1) Call …

(a) Any interested person may request the board to waive any rule not covered by Frl 202.04 by filing an original and 2 copies of a petition pursuant to Frl 206.01(b) which clearly identifies the rule in question and sets forth specific facts and arguments which support the reque…

(a) Any individual or entity may request a declaratory ruling by the board if that individual or entity is directly affected by the applicable statute or by any administrative rule. (b) A request for a declaratory ruling shall be in writing containing: (1) The name and address of…

(a) A request for declaratory ruling shall be accompanied by: (1) A statement citing the statutory law, regulatory law or orders believed to support the ruling being requested; (2) A statement of the facts believed to support the ruling being requested; and (3) Supplementary mate…

(a) Within 30 days of receiving a request for a declaratory ruling the board shall advise the individual or entity requesting it if the ruling will be delayed by the need for additional information or the complexity of the issues presented. (b) If additional information should be…

(a) When facts sufficient to support a declaratory ruling have been established, the board shall issue a written declaratory ruling which applies all relevant law to the established facts. (b) When the established facts show that the board lacks subject matter or personal jurisdi…

A declaratory ruling shall apply only to the board and to the individual or entity requesting it and shall be confined to the facts presented pursuant to Frl 215.02(a)(2) through (a) (3) and in response to a request of the board made pursuant to Frl 215.03(b). Notes N.H. Admin. C…

(a) Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-A:11,VII by submitting a request to the board. (b) The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after considera…

(a) Each applicant for a license to practice as an embalmer's apprentice in the state of New Hampshire shall supply the board with the following on the "Application for Embalmer's Apprentice License" form, revised 7/2021: (1) Full name, alias, any previously used names, or maiden…

Each applicant for apprentice embalmer shall possess a high school diploma or equivalent. Notes N.H. Admin. Code § Frl 301.02 #1689, eff 12-22-80; ss by #2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94 New. #8257, eff 1-15-05, EXPIRED: 1-15…

Each applicant for apprentice embalmer shall meet the following conditions and requirements to fulfill an apprenticeship: (a) Each apprentice embalmer applicant and their sponsor shall meet with the board or a board member to review the apprenticeship requirements; (b) Each appre…

(a) Each apprentice embalmer shall assist in embalming 25 bodies according to (e) below. Assisted embalmings shall be completed prior to unassisted embalmings. (b) Each apprentice embalmer shall embalm 25 bodies unassisted according to (e) below. (c) Each apprentice embalmer shal…

(a) Licenses shall expire 2 years from the date of issuance. (b) Apprenticeships shall become effective on the date the completed application is approved by the licensing bureau. Notes N.H. Admin. Code § Frl 301.05 #1689, eff 12-22-80; ss by #2344, eff 4-15-83; ss by #2986, eff 3…

(a) Extensions shall be granted in one year intervals and shall not exceed 4 consecutive extensions. Extension requests shall be made in writing 30 days prior to the expiration date and shall be signed by the requesting apprentice embalmer. (b) Apprenticeships shall be completed …

(a) If there is a change in the employment status of any apprentice embalmer, the entity, or sponsor which employed the apprentice embalmer shall submit to the licensing bureau a written affidavit indicating the length of time that the apprentice embalmer was employed. The new en…

(a) The board shall conduct unannounced visits to each apprentice embalmer at his or her place of employment to verify employment status and review documents relative to the apprenticeship. Notes N.H. Admin. Code § Frl 301.08 #1689, eff 12-22-80; ss by #2344, eff 4-15-83; ss by #…

No prior examination shall be required to become an apprentice embalmer. Notes N.H. Admin. Code § Frl 301.09 #1689, eff 12-22-80; ss by #2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94 New. #8257, eff 1-15-05, EXPIRED: 1-15-13 Amended by by…

(a) Each applicant for a license to practice as an embalmer in the state of New Hampshire shall supply the board with the following or with "Application for Embalmer License" form, revised 7/2021:(1) Full name, alias, any previously used names or maiden names, physical address, m…

Each applicant shall meet the qualifications as set forth in RSA 325:13. Notes N.H. Admin. Code § Frl 302.02 #1689, eff 12-22-80; ss by #2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94 New. #8257, eff 1-15-05, EXPIRED: 1-15-13 Amended by by…

Each applicant shall pass a practical and oral examination. Notes N.H. Admin. Code § Frl 302.03 #1689, eff 12-22-80; ss by #2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94 New. #8257, eff 1-15-05, EXPIRED: 1-15-13 Amended by byVolume XXXIV …

(a) Each applicant shall have served a one year apprenticeship to be eligible for practical and oral examination. (b) Each applicant shall receive a letter of eligibility for the practical and oral examination from the board. This letter shall be presented to the board member adm…

An application for funeral director's license shall consist of a written request for the board to administer the written examination. Notes N.H. Admin. Code § Frl 303.01 #1689, eff 12-22-80; ss by #2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-…

Each applicant shall meet the qualifications as set forth in RSA 325:14. Notes N.H. Admin. Code § Frl 303.02 #1689, eff 12-22-80; ss by #2344, eff 4-15-83; ss by #2986, eff 3-18-85; ss by #4357, eff 1-20-88, EXPIRED: 1-20-94 New. #8257, eff 1-15-05, EXPIRED: 1-15-13 Amended by by…

(a) The written examination shall consist of questions derived from RSA 5-C, RSA 289, RSA 290, RSA 325, RSA 325-A, RSA 611-B, and administrative rules Frl 100-700; (b) Each applicant shall submit the written examination fee pursuant to Plc 1002.17 for each examination, at or befo…

(a) Upon employment of an unlicensed individual the funeral home owner/manager shall register the employee with the board, in writing, within 30 days. (b) Registration shall include: (1) The individual's name; (2) Address; (3) Date of employment and (4) Employment status, either …

(a) Unlicensed personnel shall not be employed to perform activities that are solely the functions of a licensed funeral director, licensed embalmer or licensed apprentice, including:(1) Making funeral arrangements; (2) Embalming a body or being present in an embalming room durin…

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions for violations of this part only: (1) After prior notice and an opportunity to be heard; or (2) Pursuant to a mutually agreed upon settlement or consent decr…

The following fees shall apply as cited in Tables 307-1, and 307-2 below: Table 307-1 Apprentice, Embalmer, and Funeral Director Fees Apprentice Embalmer Funeral Director Initial License Fee $55 $110 $300 Practical Examination $150 Written Examination $150 Annual License Renewal …

In accordance with RSA 325:31-a, an individual desiring to perform eye procurement shall successfully complete a course of training acceptable to a procurement organization as defined in RSA 291-A:2, XX. Notes N.H. Admin. Code § Frl 308.01 #2344, eff 4-15-83; ss by #2986, eff 3-1…

The purpose of Frl 403 is to require all licensed embalmers and funeral directors to obtain continuing education as a condition for renewal of their licenses in order to maintain the high standards of the profession and business of funeral directing and embalming, and to establis…

(a) "Biennial licensing period" means the license period occurring every two years and ending June 30 every odd numbered year. (b) "Board approved programs or courses" means continuing education which has been reviewed and recommended by the continuing education review committee …

(a) The board shall not issue license renewals until proof has been submitted, indicating the completion of continuing education programs or courses, approved by the board, during the 2-years immediately preceding the application for renewal as required by Frl 403.03(f). (b) The …

(a) Continuing education credit shall be granted for the completion of home study or online internet programs or courses, provided that such programs or courses require the completion of a written exam by the funeral director or embalmer to be scored by the provider. (b) Satellit…

A funeral director or embalmer who matriculates in a postgraduate funeral science curriculum or program shall be awarded continuing education credits for satisfactory completion of each course within said curriculum or program. Notes N.H. Admin. Code § Frl 403.05 #6516, eff 5-24-…

(a) Any licensee with a serious illness, disability, hardship, or extenuating circumstances shall notify the Board, in writing, and request a waiver of Frl 403 not less than 30 days prior to June 30th of a biennial licensing period. The letter of request shall include documentati…

Any individual desiring reinstatement of his or her license shall show evidence of completion of at least the following minimum continuing education credits: (a) Individuals who have not held an active license for 3 months or less shall complete 14 hours of continuing education c…

Any funeral director or embalmer who alters, forges, or falsifies, or causes to be altered, forged, or falsified any documents, or records required to be kept or submitted by this rule shall be subject to disciplinary action under RSA 325:32, II and Frl 207. Notes N.H. Admin. Cod…

(a) In order to obtain continuing education credit the provider, funeral director or embalmer shall submit a written request for approval of programs or courses. (b) The written request shall at a minimum contain the following: (1) The name of the provider; (2) The title of the p…

(a) A continuing education program or course shall be recognized and approved by the board upon submission of a completed application for approval of said program or course, provided that said sponsor meets all the following requirements: (1) The sponsor establishes and maintains…

No funeral director shall permit or request a person, who is not licensed as a funeral director or apprentice embalmer to arrange, prearrange, conduct, direct, or supervise a funeral. Notes N.H. Admin. Code § Frl 404.01 #1689, eff 12-22-80; ss by#2344, eff 4-15-83; ss by #2986, e…

(a) Every funeral establishment in this state or the funeral service licensee thereof shall give or cause to be given to the person or persons making funeral arrangements or arranging for the disposition of a dead human body a written statement of funeral goods and services selec…