HOUSE BILL No. 1318
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-15-8-19.
Synopsis: Funeral and cemetery cease and desist orders. Establishes
procedures to allow the state board of funeral and cemetery service to
issue a cease and desist order to: (1) an unlicensed or unregistered
person that engages in an activity that requires a license or registration;
or (2) a person that commits certain violations.
Effective: July 1, 2010.
Messmer, Koch, Blanton
January 13, 2010, read first time and referred to Committee on Rules and Legislative
Second Regular Session 116th General Assembly (2010)
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HOUSE BILL No. 1318
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 25-15-8-19; (10)IN1318.1.1. -->
SECTION 1. IC 25-15-8-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 19. (a)
If the board
believes that a person:
(1) that is not licensed or registered under this article is
engaged in or is believed to be engaged in activities for which
a license or registration is required under this article; or
(2) has committed
a violation of any of sections 21 through 26 of
is being committed:
in its own name;
(2) the board in the name of the state;
(3) the attorney general in the name of the state, at the request of
the board; or
(4) the prosecuting attorney of the county in which the violation
occurs, at the request of the board, and in the name of the state;
may apply for an order enjoining the violation from the circuit court of
the county in which the violation occurs. may send notice of a hearing
requiring the person to show cause why the person should not be
ordered to cease and desist from such activities.
(b) The notice of hearing must be in writing and include the
(1) The date, time, and place of the hearing.
(2) The alleged violation.
(3) That the affected person or the person's representative
may present evidence concerning the alleged violation.
(c) If the board, after a hearing, determines that the activities in
which the person is engaged:
(1) are subject to licensing or registration under this article;
(2) violate of any of sections 21 through 26 of this chapter;
the board may issue a cease and desist order that describes the
individual and activities that are the subjects of the order.
(d) A hearing conducted under this section must comply with
(e) A cease and desist order issued under this section is
enforceable in the circuit or superior courts. A person that is
enjoined under a cease and desist order and that violates the order
shall be punished for contempt of court.
(f) A cease and desist order issued under this section does not
relieve any person from criminal prosecution.