West Virginia Code 30-6-28 – Injunctions
When, as a result of an investigation under this article or otherwise, the board or any other interested person believes that any person: (1) Has engaged, is engaging or is about to engage in the practice of embalming, funeral directing or cremating without a license or certificate; (2) has operated, is operating or is about to operate a funeral establishment or crematory; or (3) is in violation of any of the provisions of this article, the board or any other interested person may make application to any court of competent jurisdiction for an order enjoining the acts or practices and upon a showing that the person has engaged or is about to engage in any act or practice, an injunction, restraining order or another appropriate order may be granted by the court without bond.
Terms Used In West Virginia Code 30-6-28
- Board: means the West Virginia Board of Funeral Service Examiners. See West Virginia Code 30-6-3
- Certificate: means a certification by the board to be a crematory operator. See West Virginia Code 30-6-3
- Crematory: means a licensed place of business where a deceased human body is reduced to ashes and bone fragments. See West Virginia Code 30-6-3
- Embalming: means the practice of introducing chemical substances, fluids, or gases used for the purpose of preservation or disinfection into the vascular system or hollow organs of a dead human body by arterial or hypodermic injection for the restoration of the physical appearance of a deceased. See West Virginia Code 30-6-3
- Funeral: means a service, ceremony, or rites performed for the deceased with a body present. See West Virginia Code 30-6-3
- Funeral establishment: means a licensed place of business devoted to the care, preparation, and arrangements for the transporting, embalming, funeral, burial, or other disposition of a deceased. See West Virginia Code 30-6-3
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- License: means a license, which is not transferable or assignable, to:
(a) Practice embalming and funeral directing. See West Virginia Code 30-6-3
- Person: means an individual, partnership, association, corporation, not-for-profit organization, or any other organization. See West Virginia Code 30-6-3