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1996 SESSION
963035100Be it enacted by the General Assembly of Virginia:
1. That § 54.1-2810 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-2810. Licensure of funeral establishments.
No person shall conduct, maintain, manage or operate a funeral establishment unless a license for each such establishment has been issued by the Board. No license to operate a funeral establishment shall be issued by the Board unless each such funeral establishment has in charge, full time, a person licensed for the practice of funeral service or a licensed funeral director. Applications for funeral establishment licenses shall be made on forms furnished by the Board and filed by the owner or the registered agent of the corporation with the Board.
Each funeral establishment license shall expire annually at a time prescribed by Board regulation. A license may be renewed within thirty days of its expiration. Upon expiration of the license, the Board shall notify each licensee of the provisions of this section. Renewal of a license after the expiration of the thirty-day period shall be in the discretion of the Board.
Violations of any provisions of this chapter or any Board regulations by any person, or an officer, agent or employee with the knowledge or consent of any person operating a funeral establishment shall be considered sufficient cause for suspension or revocation of the funeral establishment license.
An operator of a funeral establishment shall not allow any person licensed for the practice of funeral service to operate out of his funeral establishment unless the licensee is the operator or an employee of the operator of a licensed funeral establishment.
When licensing funeral establishments, the Board may grant a hardship waiver
from the requirement for a full-time manager licensed for the practice of
funeral service or licensed as a funeral director, allowing the operation of
two funeral establishments having in charge one full-time person licensed for
the practice of funeral service or one licensed funeral director who divides
his time between the two funeral establishments. [ A hardship
waiver shall only be granted to two funeral homes conducting a low number of
funerals per year as established by the Board. In granting a
hardship waiver, the Board shall find (i) the establishments have been in
operation for at least three years, (ii) the combined number of funeral
services performed at the two establishments during the previous three years is
no more than 85, and (iii) the distance between the two establishments is no
more than fifty miles. ]