N.Y. Comp. Codes R. & Regs. Tit. 10 § 77.2 - Examinations
(a) A candidate for
examination shall submit evidence satisfactory to the department that such
applicant:
(1) has met the academic
requirements for funeral director examination contained in section
77.1
of this Part; and
(2) is a citizen
of the United States at the time of filing such application, or an alien
lawfully admitted for permanent residence.
(b) An applicant for examination, who has
been convicted of a felony (by any court in this State or by any court of the
United States or by any court of any other state of the United States, or of
any crime of which such applicant shall have been convicted, by any court of
the United States or of any other state, which is not a felony in the
jurisdiction in which the conviction is had, but is a felony in the State of
New York) or a misdemeanor, shall submit such documentation as the department
may require to make a determination as to whether there is satisfactory
evidence of the applicant's good moral character as required by section 3421 (1) of the Public
Health Law.
(c) Where applicable,
an applicant for examination shall submit supporting documentation of a change
in name, such as a photocopy of a judicial order from a court of legal
jurisdiction or a marriage certificate.
(d) An applicant for examination who is a
veteran of the Armed Forces of the United States shall submit a photocopy of an
official United States Armed Forces Certificate of Discharge and/or an official
Report of Transfer or Discharge.
(e) Examinations for funeral director license
may include the following subjects:
(1) the
law;
(2) the State Sanitary Code
(Chapter I of this Title);
(3)
rules and regulations of the commissioner;
(4) tests for death;
(5) hygiene and sanitary science;
(6) disinfection;
(7) mortuary law;
(8) pathology;
(9) bacteriology;
(10) anatomy;
(11) applied chemistry;
(12) practical embalming;
(13) restorative art;
(14) funeral management;
(15) care and preparation of the human dead
for final disposition;
(16)
ethics;
(17) accounting;
(18) psychology;
(19) business English; and
(20) speech.
(f) Every candidate for a funeral director
license shall pass such an examination with a grade of not less than
75.
(g) Gradings need not represent
arithmetic percentages, but may, in the department's discretion, be higher than
percentage ratings and be computed on the basis of either an arithmetic
addition of a certain number of points to the percentage rating of each
candidate, or an arithmetic adjustment of deductions for errors or of credits
for correct answers obtained by each candidate.
(h) The department shall determine the method
of grading each examination separately, and shall apply the method uniformly to
all candidates taking that examination. The department shall not disclose the
percentage ratings of candidates by individual identity to any of its officers
or employees responsible for determining the final grading of an examination
until such determination has been made.
(i) In determining the method to be used in
grading an examination, the department shall take into consideration:
(1) the advice and judgment of department
officers, employees and consultants regarding the difficulty of the examination
in relation to the minimum requirements for satisfactory performance as a
funeral director; and
(2) the
results of any studies conducted regarding the difficulty of the
examination.
(j) The
department may conditionally admit to examination for licensure an applicant
who, on the date of a scheduled examination for licensure, has not fully
established his qualifications, if, in the judgment of the department, it
appears that such qualifications will be fully completed within 45 days after
the date of such examination. Unless such applicant submits satisfactory
evidence of such completion of qualifications within 45 days following the date
of the examination, the department shall notify the applicant that he is not
qualified for licensure.
(k) The
department shall accept, in lieu of an applicant's passing with acceptable
scores its own examination, certification from The Conference of Funeral
Service Examining Boards of the United States, granted on the basis of an
applicant's passing with acceptable scores an approved National Board
Examination taken after August 31, 1973. For acceptance of such certification,
an applicant must meet all the requirements for admission to the New York State
funeral director licensing examination. However, such certification shall not
be applicable to the department examination required by section 3421 (4)(d) of the Public
Health Law.
Notes
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