Rule 250-6-.08 - Determination of Funeral Director in Full and Continuous Charge(1) The Board shall have the authority to evaluate each application for a funeral establishment or crematory license to determine whether the funeral director has the ability to be accessible and available to the community if the funeral director does not spend a minimum of forty (40) hours per week in the employ and operation of the establishment. The Board may then approve an application where the funeral director does not satisfy the specific requirement to spend a minimum of forty (40) hours per week in the employ and operation of the establishment or crematory if the Board is satisfied that the funeral director will be accessible and available to the community.(2) The individual approved by the Board to serve as the Funeral Director in Full and Continuous Charge may only serve in this capacity at one (1) funeral establishment, but may also serve as the Funeral Director in Full and Continuous Charge at a crematory if the crematory is located at the same physical address as the approved funeral establishment, provided that the funeral establishment and crematory are licensed under the same ownership. If the crematory offers their services directly to the public, a different Funeral Director in Full and Continuous Charge would be required. In determining whether the funeral director possesses the ability to be accessible and available to the community, the Board will consider;(a) the proximity of the funeral director's other employment and/or residence to the funeral establishment;(b) the funeral director's ability to obtain leave from his/her other job in order to attend to the affairs of the funeral establishment; and(c) any other information which relates to the ability of the funeral director to adequately supervise the operation of the funeral establishment.(3) A funeral director may not serve as Funeral Director in Full and Continuous Charge if they are currently serving criminal probation for any felony or crime of moral turpitude, unless the funeral director is the owner of the establishment where they serve or plan to serve as Funeral Director in Full and Continuous Charge. Additionally, a funeral director may not serve as Funeral Director in Full and Continuous Charge if they have been disciplined or sanctioned by any licensing authority in any state, including Georgia, without first appearing before the Board, and such discipline or sanction may be a basis for denial of the application to serve as Funeral Director in Full and Continuous Charge.Ga. Comp. R. & Regs. R. 250-6-.08
O.C.G.A. § 43-18-23.
Original Rule entitled "Determination of Funeral Director in Full and Continuous Charge" was renumbered from 250-6-.06 to 250-6-.08. F. Jan. 30, 1996; eff. Feb. 19, 1996.Amended: F. July 19, 2017; eff. August 8, 2017.Amended: F. Oct. 16, 2018; eff. Nov. 5, 2018.Amended: F. Dec. 9, 2022; eff. Dec. 29, 2022.Amended: F. July 20, 2023; eff. Aug. 9, 2023.