Section 3455. Violations; prosecutions

1. Any person who shall:
    (a)  obtain  or  attempt  to obtain or aid in obtaining any license or
  certificate under this article by any false or fraudulent  statement  or
  representation; or,
    (b)  practice  as  a  funeral director, undertaker or embalmer without
  having been issued a license or without having registered as required by
  this article; or,
    (c) being a funeral director, undertaker, or embalmer, aid and abet an
  unlicensed  person  to  practice  funeral  directing,  undertaking,  and
  embalming; or,
    (d)  hold himself out as licensed or able to practice or as practicing
  or entitled to practice without conformity to the requirements  of  this
  article; or,
    (e)  otherwise violate or neglect to comply with any of the provisions
  of this article; or,
    (f) practice as a funeral director, undertaker or embalmer, while  his
  license  is  revoked or suspended, shall be guilty of a misdemeanor, and
  shall, on conviction, for each and every offense be punished by  a  fine
  of not less than one hundred dollars nor more than five hundred dollars,
  or  by imprisonment for a term of not less than thirty days and not more
  than one year, or by both such fine and imprisonment, and for  a  second
  offense shall be punishable by both such fine and imprisonment.
    2.  All courts of special sessions within their respective territorial
  jurisdictions are hereby empowered  to  hear,  try  and  determine  such
  crimes without indictment and to impose in full the punishments of fines
  and imprisonments herein prescribed.
    3. The attorney general of the state shall have the power to prosecute
  in  any  county  of  the  state  any  violation  of  this  article; such
  prosecution may  be  instituted  by  him  in  his  discretion  or  after
  complaint  made to him by any person, provided, however, that nothing in
  this section shall be interpreted to prevent or impede  the  prosecution
  of  such proceedings by the district attorney of any county in which the
  offense is committed when such proceedings have been instituted by him.
    4. (a) In any prosecution or hearing hereunder it shall  be  necessary
  to  prove only a single act prohibited by law or a single holding out or
  attempt, without having to prove a general course of conduct,  in  order
  to constitute a violation.
    (b)  The  display,  publication  or  dissemination by any person of an
  advertisement, card, sign or any other representation  bearing  a  name,
  designation  or  description  as  a  practitioner  of funeral directing,
  undertaking, or embalming, in any manner or  by  implication,  shall  be
  presumptive evidence of a holding out of such practice by such person.
    5.  All violations of this article when reported to the department and
  duly substantiated by affidavits, or other satisfactory evidence,  shall
  be  investigated  and,  if  the report is found to be substantiated, the
  department shall report such violations  to  the  attorney  general  and
  request prompt prosecution.