Section 3401. Funeral directing; powers and duties of commissioner

1. The
  commissioner may, from time to time,  make  and  adopt  such  rules  and
  regulations  not  inconsistent  with  law as may be necessary (a) in the
  performance of his duties and in the administration of the provisions of
  this article; and (b) to govern and regulate the conduct and transaction
  of the business and  practice  of  funeral  directing,  undertaking  and
  embalming.
    2. The commissioner shall:
    (a)  ascertain what constitutes the best tests for determining whether
  life is extinct, and shall prescribe the application of such  tests,  as
  he may deem necessary;
    (b)  investigate  all  alleged  violations of law and of all rules and
  regulations relating to funeral directing, undertaking, and embalming;
    (c) appoint such personnel as he may deem necessary, who,  subject  to
  the  supervision,  direction,  and  control  of  the commissioner, shall
  exercise the powers and perform the duties of the department and  advise
  the commissioner under this article.