§ 3402. Funeral directing advisory board. 1. There shall be in the
department a funeral directing advisory board consisting of ten members
who shall be appointed by the commissioner of health of whom three shall
be representatives of consumer interests, having no pecuniary interest,
affiliation or other association, direct or indirect, other than as
consumers, with any business affecting the disposal or burial of
deceased human beings, as the commissioner shall determine, six shall be
licensed funeral directors, undertakers or embalmers in this state,
having been actually engaged in the practice of funeral directing,
undertaking or embalming, as the case may be, for at least five years
prior to appointment and one member shall be an officer, director or
employee of a cemetery corporation. The term of each member of such
advisory board shall be three years, or until a successor is appointed,
and vacancies shall be filled for the unexpired term only. The
commissioner of health may remove any member of the board for
misconduct, incompetence or neglect of duty after such member shall have
been given a written statement of the charges and an opportunity to be
heard thereon.

2. The board shall elect annually from its members a chairman and
vice-chairman and for the purpose of transacting its business shall meet
at least once every three months. Special meetings also may be held as
frequently as its business may require at the call of the chairman upon
the request of a majority of the members of the board or as requested by
the commissioner of health. Written notice of the time, place and
purpose of meetings shall be mailed by the secretary to all members at
least ten days before the date of the meeting. A quorum of the board
shall consist of not less than six members.

3. Members of the advisory board shall receive no compensation, but
each shall be entitled to receive his reasonable expenses actually and
necessarily incurred in the performance of his duties.

4. The commissioner shall designate an officer or employee of the
department to act as secretary of the board, who shall not be a member
of the board and who shall not receive any additional compensation
therefor.

5. The commissioner shall request the advisory board to, and upon such
request the advisory board shall, or upon its initiative the advisory
board may

(a) consider any matters relating to the practice of funeral
directing, undertaking or embalming, including any matter pertaining to
the administration and enforcement of this article and advise the
commissioner thereon;

(b) recommend to the commissioner the establishment of such laws as
may be deemed necessary in respect to the practice of funeral directing;

(c) recommend to the commissioner the promulgation of rules and
regulations not inconsistent with law, as may be deemed necessary, and
the amendment or repeal thereof;

(d) recommend to the commissioner the commencement of any
investigation into improper practices of licensees;

(e) report, within forty-five days after receipt, on any proposed
regulations, amendments thereto, or repeal thereof, prior to action
thereon by the commissioner;

(f) review the applications for registration of candidates for either
practical or academic training and make recommendations to the
commissioner for the acceptance or rejection thereof.

(g) delegate one member of the board to attend any formal disciplinary
hearing and subsequent proceedings involving an alleged violation of
this article. The board shall not delegate a member who practices
funeral directing, embalming or undertaking in the same judicial
district as an accused licensee.

6. The advisory board shall have no executive, administrative or
appointive powers or duties.