49 Pa. Code § 43b.6. Schedule of civil penalties—funeral directors and funeral establishments.

§ 43b.6. Schedule of civil penalties—funeral directors and funeral establishments.

STATE BOARD OF FUNERAL DIRECTORS

Violation under 35 P. S. Title/Description Civil Penalty

Section 637.6(a)(1) Failure of funeral establish- ment to post a sign as required under section 4 of the Clean Indoor Air Act (35 P. S. §  637.4) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000

Section 637.6(a)(2) Funeral establishment permitting smoking in the funeral establishment in violation of the Clean Indoor Air Act (35 P. S. § §  637.1—637.11) 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000

Section 637.6(a)(3) Licensee of the Board smoking in a funeral establishment in violation of the Clean Indoor Air Act 1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000

Violation under 63 P. S. Title/Description Civil Penalty

Section 479.6 Failure to display licenses conspicuously 1st offense—$50 2nd offense—$250

Section 479.13 Practice without license Any offense—$1,000

Violation under 49 Pa. Code Chapter 13 Title/Description Civil Penalty

Section 13.83 Section 13.84 Section 13.194 Requirements for advertising of name of licensee 1st offense—$100 2nd offense—$250

Section 13.91 Operating funeral establish- ment without Board approval Any offense—$1,000

Section 13.171 Use of preparation room for purposes other than embalm- ing or caring for remains 1st offense—$100 2nd offense—Formal action

Section 13.174 Preparation room facility and equipment requirements 1st offense—$100 per violation 2nd offense—$250 per violation

Section 13.182 Improper disposal of waste products including biohazardous waste 1st offense—$100 2nd offense—$500

Section 13.193 Advertising name of perm- anent supervisor 1st offense—$100 2nd offense—$250

Section 13.224 Failure to comply with reporting requirements for prepaid burial contracts 1st offense—$100 2nd offense—Formal action

Section 13.225 Failure to file affidavit for prepaid burial account 1st offense—$100 2nd offense—Formal action

Section 13.231 Practicing on a lapsed license Up to 60 days—1st offense—Warning 60 days or more—$500 2nd offense—Formal action

Authority

   The provisions of this §  43b.6 amended under the act of July 2, 1993 (P.L. 345, No. 48).

Source

   The provisions of this §  43b.6 amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7673. Immediately preceding text appears at serial page (325188).

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

Violation under 35 P. S.	Title/Description	Civil Penalty
Section 637.6(a)(1)	Failure of funeral establish- ment to post a sign as required under section 4 of the Clean Indoor Air Act (35 P. S. § 637.4)	1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000
Section 637.6(a)(2)	Funeral establishment permitting smoking in the funeral establishment in violation of the Clean Indoor Air Act (35 P. S. § § 637.1—637.11)	1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000
Section 637.6(a)(3)	Licensee of the Board smoking in a funeral establishment in violation of the Clean Indoor Air Act	1st offense—$250 2nd offense (within 1 year of 1st offense)—$500 3rd offense (within 1 year of 2nd offense)—$1,000 Subsequent offenses (within 1 year of previous offense)—$1,000

Violation under 63 P. S.	Title/Description	Civil Penalty
Section 479.6	Failure to display licenses conspicuously	1st offense—$50 2nd offense—$250
Section 479.13	Practice without license	Any offense—$1,000

Violation under 49 Pa. Code Chapter 13	Title/Description	Civil Penalty
Section 13.83 Section 13.84 Section 13.194	Requirements for advertising of name of licensee	1st offense—$100 2nd offense—$250
Section 13.91	Operating funeral establish- ment without Board approval	Any offense—$1,000
Section 13.171	Use of preparation room for purposes other than embalm- ing or caring for remains	1st offense—$100 2nd offense—Formal action
Section 13.174	Preparation room facility and equipment requirements	1st offense—$100 per violation 2nd offense—$250 per violation
Section 13.182	Improper disposal of waste products including biohazardous waste	1st offense—$100 2nd offense—$500
Section 13.193	Advertising name of perm- anent supervisor	1st offense—$100 2nd offense—$250
Section 13.224	Failure to comply with reporting requirements for prepaid burial contracts	1st offense—$100 2nd offense—Formal action
Section 13.225	Failure to file affidavit for prepaid burial account	1st offense—$100 2nd offense—Formal action
Section 13.231	Practicing on a lapsed license	Up to 60 days—1st offense—Warning 60 days or more—$500 2nd offense—Formal action