Arizona Laws 32-1307. Powers and duties of department
A. The department shall:
Terms Used In Arizona Laws 32-1307
- Alkaline hydrolysis: means a form of final disposition that includes all of the following:
(a) Reducing a dead human body to essential elements through a water-based dissolution process using alkaline chemicals, heat, agitation and pressure to accelerate natural decomposition. See Arizona Laws 32-1301
- Contract: A legal written agreement that becomes binding when signed.
- Cremation: means the heating process that reduces human remains to bone fragments by combustion and evaporation. See Arizona Laws 32-1301
- Crematory: means a building or portion of a building that is licensed pursuant to article 6 of this chapter and that houses a retort in which only human remains are cremated. See Arizona Laws 32-1301
- Department: means the department of health services. See Arizona Laws 32-1301
- Embalming: means the implementation of reconstructive procedures and the process of disinfecting and preserving a dead human body to retard organic decomposition by treating the body to reduce the presence and growth of organisms. See Arizona Laws 32-1301
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Funeral directing: means arranging, directing or providing a service in the disposition of dead human bodies for compensation. See Arizona Laws 32-1301
- Funeral establishment: means a business at a specific location that is licensed pursuant to this chapter and that is devoted to the care, storage or preparation for final disposition or transportation of dead human bodies. See Arizona Laws 32-1301
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensee: means a person to whom the department has issued a license under this chapter. See Arizona Laws 32-1301
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
1. Administer and enforce this chapter and the rules adopted pursuant to this chapter.
2. Maintain a record of the name and the mailing or employer’s business address of each licensee.
3. Investigate alleged violations of this chapter and the rules adopted pursuant to this chapter.
4. In accordance with Title 41, Chapter 6, adopt rules that include provisions relating to the following:
(a) The keeping and disposition of records by licensees.
(b) Standards of practice, professional conduct, competence and consumer disclosure relating to owning or operating a funeral establishment or crematory, funeral directing, embalming and cremation.
(c) The prohibition of deceptive, misleading or professionally negligent practices in advertising, offering or selling funeral goods and services by funeral establishments, crematories and licensees and agents of funeral establishments, crematories and licensees. The rules shall specifically prohibit misrepresentation of the legal requirements concerning preparing and interring dead human bodies.
(d) Standard price disclosure formats and price list requirements and definitions to facilitate price comparisons by members of the public.
(e) Guidelines to enable members of the public to determine the substantial equivalency of funeral goods available for sale to the public.
(f) Administrative and investigative procedures.
(g) The efficient administration of the department’s affairs and the enforcement of this chapter.
(h) The inspection of all funeral establishments, crematories and alkaline hydrolysis facilities at least once every five years.
(i) Any other matters the department deems necessary to carry out this chapter.
B. The department may:
1. Subject to Title 41, Chapter 4, Article 4, employ investigative, professional and clerical employees as it deems necessary to carry out this chapter. Compensation of these employees shall be determined pursuant to section 38-611.
2. In connection with investigations or administrative hearings, issue subpoenas to compel the attendance of witnesses and the production of books, papers, contracts, agreements and other documents or records in any form, administer oaths and take testimony and evidence concerning all matters within its jurisdiction. The department may pay the fees and expenses of witnesses who appear in any proceeding before the department. If a person refuses to obey a subpoena issued by the department, the department may invoke the aid of any court in this state to require the attendance and testimony of witnesses and the production of documentary evidence.
3. Contract with other state and federal agencies as it deems necessary to carry out this chapter.
4. Charge reasonable fees to distribute materials that the department prints or has printed at its expense and for the costs of mailing these materials.
5. Charge the reasonable costs of a fingerprint background check to an applicant for licensure.