Terms Used In West Virginia Code > Chapter 30 > Article 6 - Board of Funeral Service Examiners

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alkaline hydrolysis: means the reduction of 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 West Virginia Code 30-6-3
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Apprentice: means a person who is preparing to become a licensed funeral director or a funeral service licensee and is learning the practice of embalming, funeral directing, or cremation under the direct supervision and personal instruction of a duly licensed funeral service licensee. See West Virginia Code 30-6-3
• Authorized representative: means a person legally authorized or entitled to order the cremation or burial of the deceased, as established by rule. See West Virginia Code 30-6-3
• 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• cremains: means all human remains, including foreign matter cremated with the human, recovered after the completion of cremation. See West Virginia Code 30-6-3
• Cremation: means the mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments and then further reduced by additional pulverization, burning, or re-cremating when necessary. 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
• Crematory operator: means a person certified by the board to operate a crematory. See West Virginia Code 30-6-3
• Crematory operator in charge: means a certified crematory operator who accepts responsibility for the operation of a crematory. See West Virginia Code 30-6-3
• Deceased: means a dead human being for which a death certificate is required. See West Virginia Code 30-6-3
• Decedent: A deceased person.
• Dependent: A person dependent for support upon another.
• Embalmer: means a person licensed to practice embalming. 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
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Funeral: means a service, ceremony, or rites performed for the deceased with a body present. See West Virginia Code 30-6-3
• Funeral directing: means the business of engaging in the following:

  (a) The shelter, custody, or care of a deceased. See West Virginia Code 30-6-3

• Funeral director: means a person licensed to practice funeral directing. 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
• Funeral service licensee: means a person licensed after July 1, 2003, to practice embalming and funeral directing. See West Virginia Code 30-6-3
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• 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

• Licensee: means a person holding a license issued under the provisions of this article. See West Virginia Code 30-6-3
• Licensee in charge: means a licensed embalmer and funeral director who accepts responsibility for the operation of a funeral establishment. See West Virginia Code 30-6-3
• Memorial service: means a service, ceremony, or rites performed for the deceased without a body present. See West Virginia Code 30-6-3
• Mortuary: means a licensed place of business devoted solely to the shelter, care, and embalming of the deceased. See West Virginia Code 30-6-3
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, partnership, association, corporation, not-for-profit organization, or any other organization. See West Virginia Code 30-6-3
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Registration: means a registration issued by the board to be an apprentice to learn the practice of embalming, funeral directing, or cremation. See West Virginia Code 30-6-3
• State: means the State of West Virginia. See West Virginia Code 30-6-3
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.