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003.22.1-11. License Renewals and Reinstatements

AR ADC 003.22.1-11Arkansas Administrative CodeEffective: December 12, 2021

West's Arkansas Administrative Code
Title 003. Department of Commerce
Division 22. Insurance Department
Rule 1. State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services--Rule Pertaining to Embalmers, Funeral Directors, Funeral Establishments, Crematories, Crematory Retort Operators, and Transport Services
Effective: December 12, 2021
Ark. Admin. Code 003.22.1-11
Formerly cited as AR ADC 043.00.1-IX
003.22.1-11. License Renewals and Reinstatements
Currentness
A. License renewals and reinstatements shall be made on forms provided by the Board.
B. All embalmer, funeral director, and crematory retort licenses issued by this Board shall expire on December 31st of each year, and they must be renewed on or before December 31st. Failure to renew timely will require the licensee to pay delinquency fees as provided in this Rule.
C. All establishment licenses expire on December 31st of each year, and they must be renewed on or before December 31st. Failure to renew timely will require the licensee to pay delinquency fees as provided in this Rule.
D. Renewal fees, must accompany each application for renewal.
E. Every licensed embalmer and/or funeral director who is actively engaged in the practice of embalming and/or funeral directing in Arkansas shall report at least 6 hours of approved continuing education on the renewal form.
F. Failure to receive the renewal notice shall not relieve any licensee of the duty to timely renew the license or to pay the renewal fee or any delinquent fees as prescribed.
G. Renewals and Delinquent Fees
1. All embalmer, funeral director, and crematory retort operator license renewals received after December 31st of each year are considered delinquent, and licensees are not allowed to practice the science of embalming, or to engage in the business of funeral directing, or the operating of a crematory retort, until a renewal card has been issued for the current year. A delinquent fee as prescribed by the Board for each three (3) months, or fraction thereof, with a maximum of twelve (12) months, must be remitted with a reinstatement fee equal to one (1) year of delinquent fees.
2. Any person whose license has been delinquent for at least thirteen (13) months may apply for reinstatement upon submission of the appropriate forms and fees.
3. Any person who held a license which has lapsed three (3) or more years past, must appear before the Board at a regular meeting to seek reinstatement.
4. All Establishment license renewals received after December 31st of each year are considered delinquent, and establishments shall cease operating until the license is renewed. A per month delinquent fee will be due and owing for each month the license is delinquent.
5. Reinstatement. Any individual who seeks to reinstate a license issued by this Board shall submit an application to reinstate, along with the reinstatement fee, and shall meet the following requirements:
b. [FN1] Was previously licensed by the Board;
c. Held his or her license or registration in good standing at the time of licensing or registration;
d. Did not have his or her license or registration revoked for an act of bad faith or a violation of a law or rule;
e. Is not currently holding a suspended or probationary license, registration, permit, or certification in any other state;
f. Is sufficiently competent. Competency may be shown by proficiency testing, letters of recommendation, or both;
g. Is able to successfully complete a criminal background check; and
h. Has successfully completed at least six (6) hours of continuing education.
6. Reinstatement Fee. In order to reinstate an embalmer, funeral director, or crematory retort operator license which has been expired for thirteen (13) months or longer, the licensee shall pay a reinstatement fee of $100.00 per license, in addition to the renewal fee for each license being reinstated.
H. Inactive Status. Funeral directors and embalmers who wish to renew as inactive must notify the Board before December 31st of the year before the year they wish to convert to inactive status, on a form provided by the Board, and accompanied by the required fee. The licensee shall be required to remain inactive for a period of one year. Nonetheless, if the licensee wishes to become active during the one-year period, then he or she must notify the Board as such and submit the required forms, including proof of six (6) hours of continuing education.

Credits

Amended March 17, 2012; Dec. 12, 2021.
[FN1]
Paragraph designation so in original.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 003.22.1-11, AR ADC 003.22.1-11
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