Section 3450. Suspension and revocation of licenses

1. The commissioner may
  revoke  or  suspend  any  license  of  a funeral director, undertaker or
  embalmer and, if such licensee shall be the owner of, or a member  of  a
  partnership  owning,  a  funeral  firm  or  the  licensed and registered
  manager of a funeral firm owned by a  corporation,  any  certificate  of
  registration of such firm, or may reprimand or otherwise discipline such
  licensee  or  funeral  firm  in  accordance  with the provisions of this
  article  upon  proof  that  such  licensee  or,  in  the  case  of  such
  corporation,  that  the  corporation  or  one or more of its officers or
  directors or one or more of its stockholders or other persons, firms  or
  corporations having a ten per centum or greater proprietary, beneficial,
  equitable or credit interest therein:
    (a)  has  violated any of the provisions of this article, the sanitary
  code, the rules and regulations of the commissioner or of  any  statute,
  code,  rule or regulation relating to the practice of funeral directing,
  embalming, or vital statistics;
    (b) has been convicted of a crime;
    (c) has practiced fraud, deceit or misrepresentation  in  securing  or
  procuring   a  license  or  admission  to  practice  funeral  directing,
  undertaking, or embalming;
    (d) is incompetent to engage in the business or  practice  of  funeral
  directing,  undertaking,  or  embalming except that this provision shall
  not apply to an officer, director or stockholder  of,  or  other  person
  interested  in,  a  corporation owning a funeral firm unless he shall be
  the licensed and registered manager thereof;
    (e) has practiced fraud, deceit, or misrepresentation in his  business
  or practice or in the business of such funeral firm;
    (f) has committed acts of misconduct in the conduct of the business or
  practice  of  funeral  directing,  undertaking,  or  embalming or in the
  business of such funeral firm;
    (g) is an habitual drunkard;
    (h) is addicted to the use of morphine, opium, cocaine or other  drugs
  having a similar effect;
    (i)  has  practiced  or  conducted  the  business of such funeral firm
  without biennial registration of his license or of such firm;
    (j) has employed, hired, procured or induced  or  otherwise  aided  or
  abetted  any  person  not  licensed  or  registered  to practice or hold
  himself out as licensed, practicing,  or  entitled  to  practice  as  an
  undertaker, or embalmer, or funeral director;
    (k)  has  wrongfully  transferred  or  surrendered  possession, either
  temporarily  or  permanently,  of  his   license   or   certificate   of
  registration  thereof  or  of  the  certificate  of registration of such
  funeral firm to any other person, partnership or corporation;
    * (l) has paid, given, has caused to be paid or given  or  offered  to
  pay   or   to  give  to  any  person  a  commission  or  other  valuable
  consideration for the solicitation or procurement,  either  directly  or
  indirectly,  of  funeral  patronage,  or  has accepted any consideration
  (including without limitation  a  commission,  rebate,  or  discount  or
  direct or indirect price reduction on merchandise from the current value
  thereof)  from  any  financial  institution  or  trust company, or agent
  thereof, with whom the funeral director deposits funds paid for  funeral
  services  in advance of need pursuant to subdivision one of section four
  hundred fifty-three of the general business law,  or  has  accepted  any
  consideration  (including  without limitation a commission or gift) from
  any insurer or agent thereof, to sell, offer or promote the sale of  any
  policy  of  insurance payable, expressly or as marketed, at the death of
  the insured for funeral or burial expenses;
    * NB Effective until June 1, 2012

    * (l) has paid, given, has caused to be paid or given  or  offered  to
  pay   or   to  give  to  any  person  a  commission  or  other  valuable
  consideration for the solicitation or procurement,  either  directly  or
  indirectly,  of  funeral  patronage,  or  has accepted any consideration
  (including  without  limitation  a  commission,  rebate,  or discount or
  direct or indirect price reduction on merchandise from the current value
  thereof) from any financial  institution  or  trust  company,  or  agent
  thereof,  with whom the funeral director deposits funds paid for funeral
  services in advance of need pursuant to subdivision one of section  four
  hundred fifty-three of the general business law;
    * NB Effective June 1, 2012
    (m)   has   been   guilty   of  fraudulent,  misleading  or  deceptive
  advertising;
    (n) has practiced funeral directing, undertaking or embalming, or  has
  conducted business as a funeral firm, under a false name;
    (o)  has  impersonated  another  licensee or another funeral firm of a
  like or different name; or
    (p) has failed to comply with requirements set forth in  section  four
  hundred fifty-three of the general business law, relating to moneys paid
  in connection with agreements for funeral merchandise in advance of need
  to  be  kept on deposit pending use or repayment except, that revocation
  and suspension shall apply only in the case where a funeral director  or
  funeral  firm  has  committed repeated violations of these provisions or
  has committed a violation of the  provisions  of  section  four  hundred
  fifty-three  of  the general business law relating to failure to deposit
  or hold moneys on deposit; failure to return such  moneys  and  interest
  thereon  upon  demand or upon the termination, cessation of operation or
  discontinuance of any funeral firm,  or  a  successor  in  interest;  or
  failure  to comply with the requirements of paragraph (b) of subdivision
  five of section four hundred fifty-three of  the  general  business  law
  regarding compliance by transferors who receive such moneys.
    2. The commissioner shall also have power, and after due notice and an
  opportunity  to  be  heard,  to  revoke  or suspend the endorsement of a
  funeral director, undertaker or embalmer license issued  to  any  person
  pursuant  to  the  provisions  of  this article or any previous law upon
  evidence that the duly constituted authorities of any state or political
  subdivision of the United States have lawfully revoked or suspended  the
  funeral  director,  undertaker or embalmer license issued to such person
  by such state or political subdivision.
    3. The action of the  commissioner  in  revoking  or  suspending  such
  license  or  certificate  of  registration of such funeral firm shall be
  reviewable by the supreme court of the state of New York pursuant to the
  provisions of article seventy-eight of the civil practice law and rules.
    4. (a) A person convicted of a felony shall  forfeit  his  license  to
  practice  as  a  funeral  director,  undertaker,  or  embalmer, and upon
  presentation to the department of a certified copy  of  a  court  record
  showing that he has been convicted of a felony, that fact shall be noted
  on  the  record  of  license,  and the license shall be revoked, and the
  registration shall be cancelled.
    (b) If such conviction be subsequently  reversed  on  appeal  and  the
  accused   acquitted  or  discharged,  his  license  shall  become  again
  operative from the date of such acquittal or discharge.
    (c) The conviction  of  a  felony  aforementioned  shall  include  the
  conviction 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;
  provided, however, that if a crime of which the licensee is convicted by
  any court of the United States or by any court of any other state  is  a
  felony  in  the jurisdiction in which the conviction is had but is not a

  felony in the state of New York, then the conviction shall not be deemed
  a conviction of a felony for the purposes of this article. In the  event
  that  a  crime  of  which  the licensee is convicted by any court of the
  United  States or by any court of any other state is not a felony in the
  jurisdiction in which the conviction is had but is a felony in the state
  of New York, then the conviction shall  be  deemed  a  conviction  of  a
  felony for the purposes of this article.