State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-210_23

§ 90‑210.23.  Powers andduties of the Board.

(a)        The Board isauthorized to adopt and promulgate such rules and regulations for transactionof its business and for the carrying out and enforcement of the provisions ofthis Article as may be necessary and as are consistent with the laws of thisState and of the United States.

(b)        The Board shallelect from its members a president, a vice‑president and a secretary, notwo offices to be held by the same person. The president and vice‑presidentand secretary shall serve for one year and until their successors shall beelected and qualified. The Board shall have authority to engage adequate staffas deemed necessary to perform its duties.

(c)        The members of theBoard shall serve without compensation provided that such members shall bereimbursed for their necessary traveling expenses and the necessary expensesincident to their attendance upon the business of the Board, and in additionthereto they shall receive per diem and expense reimbursement as provided in G.S.93B‑5 for every day actually spent by such member upon the business ofthe Board. All expenses, salaries and per diem provided for in this Articleshall be paid from funds received under the provisions of this Article andshall in no manner be an expense to the State.

(d)        Every personlicensed by the Board and every resident trainee shall furnish all informationrequired by the Board reasonably relevant to the practice of the profession orbusiness for which the person is a licensee or resident trainee. Every funeralservice establishment and its records and every place of business where thepractice of funeral service or embalming is carried on and its records shall besubject to inspection by the Board during normal hours of operation and periodsshortly before or after normal hours of operation and shall furnish allinformation required by the Board reasonably relevant to the business thereinconducted. Every licensee, resident trainee, embalming facility, and funeralservice establishment shall provide the Board with a current post‑officeaddress which shall be placed on the appropriate register and all noticesrequired by law or by any rule or regulation of the Board to be mailed to anylicensee, resident trainee, embalming facility, or funeral serviceestablishment shall be validly given when mailed to the address so provided.

(d1)      The Board isempowered to hold hearings in accordance with the provisions of this Articleand of Chapter 150B to subpoena witnesses and to administer oaths to or receivethe affirmation of witnesses before the Board.

In any show cause hearingbefore the Board held under the authority of Chapter 150B of the GeneralStatutes where the Board imposes discipline against a licensee, the Board mayrecover the costs, other than attorneys' fees, of holding the hearing againstall respondents jointly, not to exceed two thousand five hundred dollars($2,500).

(e)        The Board isempowered to regulate and inspect, according to law, funeral serviceestablishments and embalming facilities, their operation, and the licensesunder which they are operated, and to enforce as provided by law the rules,regulations, and requirements of the Division of Health Services and of thecity, town, or county in which the funeral service establishment or embalmingfacility is maintained and operated. Any funeral establishment or embalmingfacility that, upon inspection, is found not to meet all of the requirements ofthis Article shall pay a reinspection fee to the Board for each additionalinspection that is made to ascertain that the deficiency or other violation hasbeen corrected. The Board is also empowered to enforce compliance with thestandards set forth in Funeral Industry Practices, 16 C.F.R. 453 (1984), asamended from time to time.

(f)         The Board mayestablish, supervise, regulate and control programs for the resident trainee.It may approve schools of mortuary science or funeral service, graduation fromwhich is required by this Article as a qualification for the granting of anylicense, and may establish essential requirements and standards for suchapproval of mortuary science or funeral service schools.

(g)        Schools forteaching mortuary science which are approved by the Board shall have extendedto them the same privileges as to the use of bodies for dissecting whileteaching as those granted in this State to medical colleges, but such bodiesshall be obtained through the same agencies which provide bodies for medicalcolleges.

(h)        The Board shalladopt a common seal.

(h1)      The Board shall havethe power to acquire, hold, rent, encumber, alienate, and otherwise deal withreal property in the same manner as a private person or corporation, subjectonly to approval of the Governor and the Council of State. Collateral pledgedby the Board for an encumbrance is limited to the assets, income, and revenuesof the Board.

(h2)      The Board may employlegal counsel and clerical and technical assistance, and fix the compensationtherefor, and incur such other expenses as may be deemed necessary in theperformance of its duties and the enforcement of the provisions of this Articleor as otherwise required by law and as may be necessary to carry out the powersherein conferred.

(i)         The Board mayperform such other acts and exercise such other powers and duties as may beprovided elsewhere in this Article or otherwise by law and as may be necessaryto carry out the powers herein conferred. (1901, c. 338, ss. 5, 6, 7, 8, 11; Rev., ss. 4386,4387, 4389; C.S., ss. 6779, 6780, 6783; 1949, c. 951, s. 3; 1957, c. 1240, s.2; 1969, c. 584, s. 2; 1973, c. 476, s. 128; 1975, c. 571; 1979, c. 461, ss. 8,9; 1987, c. 827, s. 1; 1991, c. 528, s. 3; 1993, c. 164, s. 1; 1997‑399,ss. 2, 3; 2003‑420, s. 5(a), (b); 2007‑531, s. 3.)