49 Pa. Code § 13.251 - Funeral supervisors and funeral directors on active duty-statement of policy
(a)
Background.
(1) Under
§§
13.1,
13.113,
13.122,
13.144 and
13.155, the professional activities of
a funeral establishment operating under an estate or widow license, a pre-1935
business corporation license, a restricted business corporation license and a branch
license, shall be conducted under the supervision of a licensed funeral director, in
good standing with the Board, who is assigned and registered with the Board as the
permanent funeral supervisor of the establishment. The only business structure which
does not require the services of a funeral supervisor is a sole
proprietorship.
(2) This policy
statement announces the procedures which are to be followed by funeral
establishments in this Commonwealth in the event of a national emergency which
requires rapid mobilization in the armed services on the part of funeral supervisors
or funeral directors of sole proprietorships in this
Commonwealth.
(b)
Procedure. The following procedures are to be followed when a
supervising funeral director or a funeral director of a sole proprietorship is
called to active duty:
(1) Affected funeral
establishments should notify the Board in writing within 10 days of receipt of
military orders by its acting funeral supervisor, accompanied by a copy of the
military orders.
(2) The funeral
establishment will have 30 days from the date of receipt of military orders by its
acting funeral supervisor to name a "temporary supervisor" who may serve in that
capacity until the permanent supervisor/funeral director returns to civilian status.
The Board shall be notified in writing when the temporary supervisor appointment is
made.
(3) Supervising funeral directors
or funeral directors of sole proprietorships affected by the events in the Persian
Gulf prior to February 2, 1991 shall be afforded the same protections as outlined in
paragraphs (4)-(6). Funeral directors already acting as "temporary supervisors" of
these establishments shall be responsible for notifying the Board in writing by
March 4, 1991 of the names of funeral supervisors or funeral directors already
serving in the armed services, together with a statement of his willingness to
continue acting in the capacity of temporary supervisor in accordance with this
section.
(4) Except as provided in
paragraph (5), the permanent supervisor/funeral director called to active duty
should be reinstated in the former position within 60 days of military release. The
Board shall be informed in writing of the reinstatement.
(5) If the permanent supervisor/funeral director
elects not to be reinstated as a funeral supervisor, the affected funeral
establishment shall notify the Board of this fact in writing and apply for a "change
in supervisor" within the framework of the law and this chapter.
(6) If a biennial renewal of license occurs during
a licensee's term of military service, the affected funeral director's license may
be renewed upon his return to civilian status if written request is made to the
Board. Renewal will be without penalty.
Notes
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