AI-assisted research summary: The department must investigate qualifying complaints and may investigate information on its own. After an investigation, it may issue discipline, including censure, probation, civil penalties, or suspension/revocation.
32-1367 - Investigations; disciplinary proceedings; civil penalty; probationary terms 32-1367. Investigations; disciplinary proceedings; civil penalty; probationary terms A. The department shall conduct an investigation when the department receives a complaint that appears to show the existence of any grounds for disciplinary action under this chapter or rules adopted pursuant to this chapter. B. The department on its own initiative may investigate any information that appears to show the existence of any grounds for disciplinary action under this chapter or rules adopted pursuant to this chapter. C. After completing an investigation, the department may take any or all of the following disciplinary actions: 1. Issue a letter of censure or reprimand. 2. Impose probationary terms as the department deems necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee. Probationary terms imposed pursuant to this paragraph may include temporary suspension of a license or endorsement, restriction of the licensee's right to practice pursuant to this chapter and a requirement that restitution be made to any funeral service consumer or other person who was injured by a violation of this chapter or rules adopted pursuant to this chapter. 3. Assess a civil penalty against a person who violates this chapter or a rule adopted pursuant to this chapter in an amount of not more than $1,000 for each violation. Each day that a violation occurs constitutes a separate violation. 4. Suspend or revoke a license or endorsement pursuant to chapter 41, chapter 6, article 10. D. In determining the amount of a civil penalty pursuant to subsection C of this section, the department shall consider the following: 1. Repeated violations of statutes or rules by the person. 2. Patterns of noncompliance by the person. 3. The types of violations. 4. The severity of violations. 5. The potential for and occurrences of actual harm. 6. Threats to health and safety. 7. The number of persons affected by the violations. 8. The number of violations. 9. The size of the facility. 10. The length of time that the violations have been occurring. E. Actions to enforce the collection of civil penalties assessed pursuant to subsection C of this section shall be brought by the attorney general or the county attorney in the name of the state in the justice court or the superior court in the county in which the violation occurred. F. If a licensee refuses to participate in an investigation, the department may take any or all of the disciplinary actions listed in subsection C of this section. G. In addition to the authority given to the department in this section, the department may impose probationary terms as described in subsection C, paragraph 2 of this section after the department inspects a funeral establishment, crematory or alkaline hydrolysis facility if the department deems the probationary terms necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee.