§ 3401. Funeral directing; powers and duties of commissioner. 1. The
commissioner may, from time to time, make and adopt such rules and
regulations not inconsistent with law as may be necessary (a) in the
performance of his duties and in the administration of the provisions of
this article; and (b) to govern and regulate the conduct and transaction
of the business and practice of funeral directing, undertaking and
embalming.

2. The commissioner shall:

(a) ascertain what constitutes the best tests for determining whether
life is extinct, and shall prescribe the application of such tests, as
he may deem necessary;

(b) investigate all alleged violations of law and of all rules and
regulations relating to funeral directing, undertaking, and embalming;

(c) appoint such personnel as he may deem necessary, who, subject to
the supervision, direction, and control of the commissioner, shall
exercise the powers and perform the duties of the department and advise
the commissioner under this article.