Bill Text: IN HB1318 | 2010 | Regular Session | Introduced

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Bill Title: Funeral and cemetery cease and desist orders.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Rules and Legislative Procedures [HB1318 Detail]

Download: Indiana-2010-HB1318-Introduced.html

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Introduced Version

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HOUSE BILL No. 1318

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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.

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Messmer, Koch, Blanton

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    January 13, 2010, read first time and referred to Committee on Rules and Legislative Procedures.

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Introduced

Second Regular Session 116th General Assembly (2010)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1318

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    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 this chapter; is being committed:
(1) the board 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 following information:
        (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; or
        (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 IC 4-21.5.
    (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.