Ohio § 4717.03

§ 4717.03.

(A) Members of the board of embalmers and funeral directors shall annually in July, or

within thirty days after the senate's confirmation of the new members appointed in

that year, meet and organize by selecting from among its members a president, vice-president,

and secretary-treasurer.  The board may hold other meetings as it determines necessary.  A quorum of the board consists of four members, of whom at least three shall be

members who are funeral directors.  The concurrence of at least four members is necessary for the board to take any

action.  The president and secretary-treasurer shall sign all licenses issued under this

chapter and affix the board's seal to each license. (B) The board may appoint an individual who is not a member of the board to serve as

executive director of the board.  The executive director serves at the pleasure of the board and shall do all of the

following: (1) Serve as the board's chief administrative officer; (2) Act as custodian of the board's records; (3) Execute all of the board's orders; (4) Employ staff who are not members of the board and who serve at the pleasure of the

executive director to provide any assistance that the board considers necessary. (C) In executing the board's orders as required by division (B)(3) of this section, the

executive director may enter the premises, establishment, office, or place of business

of any embalmer, funeral director, or crematory operator in this state.  The executive director may serve and execute any process issued by any court under

this chapter. (D) The executive director may employ necessary inspectors, who shall be licensed embalmers

and funeral directors.  An inspector employed by the executive director may enter the premises, establishment,

office, or place of business of any embalmer, funeral director, or crematory operator,

embalming facility, funeral home, or crematory facility in this state, for the purposes

of inspecting the facility and premises;  the license, permit, and certification of

embalmers, funeral directors, and crematory operators operating in the facility;  and

the license of the funeral home, embalming facility, or crematory facility and perform

any other duties delegated to the inspector by the board or assigned to the inspector

by the executive director.  The executive director may enter the facility or premises of a funeral home, embalming

facility, or crematory for the purpose of an inspection if accompanied by an inspector

or, if an inspector is not available, when a situation presents a danger of immediate

and serious harm to the public. (E) The president of the board shall designate three of the board's members to serve

on the crematory review board, which is hereby created, for such time as the president

finds appropriate to carry out the provisions of this chapter.  Those members of the crematory review board designated by the president to serve

and three members designated by the cemetery dispute resolution commission shall designate,

by a majority vote, one person who holds a crematory operator permit, who is experienced

in the operation of a crematory facility, and who is not affiliated with a cemetery

or a funeral home to serve on the crematory review board for such time as the crematory

review board finds appropriate.  Members serving on the crematory review board shall not receive any additional compensation

for serving on the board, but may be reimbursed for their actual and necessary expenses

incurred in the performance of official duties as members of the board.  Members of the crematory review board shall designate one from among its members

to serve as a chairperson for such time as the board finds appropriate.  Costs associated with conducting an adjudicatory hearing in accordance with division

(F) of this section shall be paid from funds available to the board of embalmers and

funeral directors. (F) Upon receiving written notice from the board of embalmers and funeral directors of

any of the following, the crematory review board shall conduct an adjudicatory hearing

on the matter in accordance with Chapter 119. of the Revised Code, except as otherwise

provided in this section or division (C) of section 4717.14 of the Revised Code : (1) Notice provided under division (I) of this section of an alleged violation of any

provision of this chapter or any rules adopted under this chapter governing or in

connection with crematory operators, crematory facilities, or cremation; (2) Notice provided under division (B) of section 4717.14 of the Revised Code that the board of embalmers and funeral directors proposes to refuse to grant or

renew, or to suspend or revoke, a license to operate a crematory facility; (3) Notice provided under division (C) of section 4717.14 of the Revised Code that the board of embalmers and funeral directors has issued an order summarily suspending

a crematory operator permit or a license to operate a crematory facility; (4) Notice provided under division (B) of section 4717.15 of the Revised Code that the board of embalmers and funeral directors proposes to issue a notice of violation

and order requiring payment of a forfeiture for any violation described in divisions

(A)(9)(a) to (g) of section 4717.04 of the Revised Code alleged in connection with

a crematory operator, crematory facility, or cremation. Nothing in division (F) of this section precludes the crematory review board from

appointing an independent examiner in accordance with section 119.09 of the Revised Code to conduct any adjudication hearing required under division (F) of this section. The crematory review board shall submit a written report of findings and advisory

recommendations, and a written transcript of its proceedings, to the board of embalmers

and funeral directors.  The board of embalmers and funeral directors shall serve a copy of the written report

of the crematory review board's findings and advisory recommendations on the party

to the adjudication or the party's attorney, by certified mail, within five days after

receiving the report and advisory recommendations.  A party may file objections to the written report with the board of embalmers and

funeral directors within ten days after receiving the report.  No written report is final or appealable until it is issued as a final order by

the board of embalmers and funeral directors and entered on the record of the proceedings.  The board of embalmers and funeral directors shall consider objections filed by

the party prior to issuing a final order.  After reviewing the findings and advisory recommendations of the crematory review

board, the written transcript of the crematory review board's proceedings, and any

objections filed by a party, the board of embalmers and funeral directors shall issue

a final order in the matter.  Any party may appeal the final order issued by the board of embalmers and funeral

directors in a matter described in divisions (F)(1) to (4) of this section in accordance

with section 119.12 of the Revised Code , except that the appeal may be made to the court of common pleas in the county in

which is located the crematory facility to which the final order pertains, or in the

county in which the party resides. (G) On its own initiative or on receiving a written complaint from any person whose identity

is made known to the board of embalmers and funeral directors, the board shall investigate

the acts or practices of any person holding or claiming to hold a license, permit,

or certification under this chapter that, if proven to have occurred, would violate

this chapter or any rules adopted under it.  The board may compel witnesses by subpoena to appear and testify in relation to

investigations conducted under this chapter and may require by subpoena duces tecum

the production of any book, paper, or document pertaining to an investigation.  If a person does not comply with a subpoena or subpoena duces tecum, the board may

apply to the court of common pleas of any county in this state for an order compelling

the person to comply with the subpoena or subpoena duces tecum, or for failure to

do so, to be held in contempt of court. (H) If, as a result of its investigation conducted under division (G) of this section,

the board of embalmers and funeral directors has reasonable cause to believe that

the person investigated is violating any provision of this chapter or any rules adopted

under this chapter governing or in connection with embalming, funeral directing, cremation,

funeral homes, embalming facilities, or cremation facilities, or the operation of

funeral homes, embalming facilities, or crematory facilities, it may, after providing

the opportunity for an adjudicatory hearing, issue an order directing the person to

cease the acts or practices that constitute the violation.  The board shall conduct the adjudicatory hearing in accordance with Chapter 119.

of the Revised Code except that, notwithstanding the provisions of that chapter, the

following shall apply: (1) The board shall send the notice informing the person of the person's right to a hearing

by certified mail. (2) The person is entitled to a hearing only if the person requests a hearing and if

the board receives the request within thirty days after the mailing of the notice

described in division (H)(1) of this section. (3) A stenographic record shall be taken, in the manner prescribed in section 119.09 of the Revised Code , at every adjudicatory hearing held under this section, regardless of whether the

record may be the basis of an appeal to a court. (I) If, as a result of its investigation conducted under division (G) of this section,

the board of embalmers and funeral directors has reasonable cause to believe that

the person investigated is violating any provision of this chapter or any rules adopted

under this chapter governing or in connection with crematory operators, crematory

facilities, or cremation, the board shall send written notice of the alleged violation

to the crematory review board.  If, after the conclusion of the adjudicatory hearing in the matter conducted under

division (F) of this section, the board of embalmers and funeral directors finds that

a person is in violation of any provision of this chapter or any rules adopted under

this chapter governing or in connection with crematory operators, crematory facilities,

or cremation, the board may issue a final order under that division directing the

person to cease the acts or practices that constitute the violation. (J) The board of embalmers and funeral directors may bring a civil action to enjoin any

violation or threatened violation of sections 4717.01 to 4717.15 of the Revised Code or a rule adopted under any of those sections;  division (A) or (B) of section 4717.23;

 division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H)

to (K) of section 4717.26;  division (D)(1) of section 4717.27;  divisions (A) to (C) of section 4717.28, or division (D) or (E) of section 4717.31 of the Revised Code .  The action shall be brought in the county where the violation occurred or the threatened

violation is expected to occur.  At the request of the board, the attorney general shall represent the board in any

matter arising under this chapter. (K) The board of embalmers and funeral directors and the crematory review board may issue

subpoenas for any person holding a license or permit under this chapter or persons

holding themselves out as such, or for any other person whose testimony, in the opinion

of either board, is necessary.  The subpoena shall require the person to appear before the appropriate board or

any designated member of either board, upon any hearing conducted under this chapter.  The penalty for disobedience to the command of such a subpoena is the same as for

refusal to answer such a process issued under authority of the court of common pleas. (L) Except as provided in section 4717.41 of the Revised Code , all moneys received by the board of embalmers and funeral directors from any source

shall be deposited in the state treasury to the credit of the occupational licensing

and regulatory fund created in section 4743.05 of the Revised Code . (M) The board of embalmers and funeral directors shall submit a written report to the

governor on or before the first Monday of July of each year.  This report shall contain a detailed statement of the nature and amount of the board's

receipts and the amount and manner of its expenditures.