DAR File No. 29391

Commerce, Occupational and Professional Licensing

R156-9-302a

Qualifications for Licensure - Examination Requirements

NOTICE OF PROPOSED RULE

DAR File No.: 29391
Filed: 01/04/2007, 09:45
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division has been evaluating the need for each profession's law/rule examination and has determined that the law/rule examinations for applicants for licensure as either a funeral service director, funeral service apprentice, or preneed funeral arrangement sales agent can be deleted with no negative impact on the profession.

Summary of the rule or change:

In Section R156-9-302a, this amendment deletes the reference to the Utah law and rules and ethics examination for funeral service.

State statutory or constitutional authorization for this rule:

Section 58-9-504 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

Proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. Proposed amendments only apply to applicants for licensure as either a funeral service director, funeral service apprentice, or preneed funeral arrangement sales agent.

other persons:

The proposed amendments only apply to applicants for licensure as either a funeral service director, funeral service apprentice, or preneed funeral arrangement sales agent. Those applicants for licensure will see a savings of $65 (funeral service director/funeral apprentice) or $60 (preneed funeral arrangement sales agent) in that they will no longer be required to take the Utah law and rules and ethics examination. The Division estimates approximately 24 new funeral service directors/funeral apprentices are licensed on a yearly basis, thus resulting in an aggregate savings of $1,560. The Division estimates approximately 27 new preneed funeral arrangement sales agents are licensed on a yearly basis, thus resulting in an aggregate savings of $1,620. It should be noted however that any testing agency which the Division has contracted with to give the law/rule examination will see a decrease in the examination fees noted above.

Compliance costs for affected persons:

The proposed amendments only apply to applicants for licensure as either a funeral service director, funeral apprentice, or preneed funeral arrangement sales agent. Those applicants for licensure will see a savings of $65 (funeral service director/funeral apprentice) or $60 (preneed funeral arrangement sales agent) in that they will no longer be required to take the Utah law and rules and ethics examination. It should be noted however that any testing agency which the Division has contracted with to give the law/rule examination will see a decrease in the examination fees noted above.

Comments by the department head on the fiscal impact the rule may have on businesses:

The regulated industry will experience a cost-savings as a result of the elimination of the Utah Law and Rule examination. No further fiscal impact to businesses is anticipated. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at ntaxin@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/05/2007

Interested persons may attend a public hearing regarding this rule:

2/15/2007 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT

This rule may become effective on:

03/13/2007

Authorized by:

F. David Stanley, Director

R156. Commerce, Occupational and Professional Licensing.

R156-9. Funeral Service Licensing Act Rules.

R156-9-302a. Qualifications for Licensure - Examination Requirements.

In accordance with Subsections 58-1-203(7) and 58-1-301(3), the qualifications for licensure in Subsections 58-9-302(1)(g), 58-9-302(2)(e), 58-9-302(5)(e) and 58-9-306(2)(d) and (e) are defined, clarified, or established as follows:

(1) An applicant for licensure as a funeral service director shall be required to pass the funeral service examination of the Conference of Funeral Service Examining Board. The examination may be taken while the individual is enrolled in an approved funeral service school.[

(2) All applicants for licensure as a funeral service director, funeral service apprentice and preneed funeral arrangement sales agent shall be required to pass the Utah law and rules and ethics examination.]

 

KEY: funeral industries, licensing, funeral services, preneed

Date of Enactment or Last Substantive Amendment: [September 4, 2003]2007

Notice of Continuation: October 31, 2006

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-9-504