CHAPTER 270

RELATING TO UNDERTAKERS

AN ACT TO AMEND CHAPTER 31, TITLE 24, DELAWARE CODE, BY PROVIDING FOR THE REFUSAL TO GRANT OR RENEW AND THE SUSPENSION OR REVOCATION OF CERTIFICATES TO ENGAGE IN THE UNDERTAKING BUSINESS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 31, Title 24, of the Delaware Code, is amended by repealing all of section 3110 and substituting in lieu thereof, the following new section :

§ 3110. Refusal to grant or renew certificate; suspension or revocation of certificate; causes; hearing

(a) The Board may refuse to grant or renew, or may suspend or revoke, a certificate for the causes stated below.

(1) Material misrepresentation of fact in obtaining certificate.

(2) Aiding and abetting the wrongful issuance of a certificate.

(3) Non-payment to the Board of the fees required by this chapter.

(4) Use of another person's certificate, except as provided in this chapter.

(0) ' Intentional violation or non-compliance with duly promulgated rules, regulations or orders of the Board.

(1) Violation of any of the provisions of this chapter or of any law of this State relating to embalming, burial or disposal of dead human bodies.

(7) Conviction of a felony.

(8) Solicitation of patronage other than by proper advertising.

(9) Payment of a commission for solicitation of business.

(0) Gross incompetency, negligence, or misconduct in the practice of the undertaking business.

(1) Use, participation, sale, promotion, servicing or operating, directly or indirectly, of any burial association, burial certificate or burial insurance certificate system.

(2) Failure to pay annual License fee for a period of Five (5) years, excluding periods when the holder is in active military service.

(b) Prior to the refusal to grant or renew a certificate, or the suspension or revocation of a certificate, for the said causes, the Board shall deliver or have delivered to, or send by registered mail to the last known address of the accused person, a statement in writing of the material facts. The accused person shall be given a hearing before the Board in person or by an attorney.

Section 2. Chapter 31, Title 24, Delaware Code, is amended by adding thereto a new section as follows :

§ 3118. Appeals

Any person aggrieved by any action of the Board denying, suspending or revoking his certificate may appeal to the Superior Court of the county in which such person resides, and after full hearing such Court shall make such decree sustaining or reversing the action of the Board as to it seems just and proper.

Approved June 13, 1955.