A. Inspection of establishments and crematories, including all records, financial or otherwise, is authorized during regular business hours. Acceptance of a license shall include permission for the board or its designee to enter the premises without legal process.
B. An establishment or crematory shall maintain business records required by law or rule at the establishment or crematory.
C. The board shall be represented by the attorney general. The board may employ special counsel, upon approval of the attorney general, to review and prosecute cases of consumer complaints against any person, establishment or crematory licensed pursuant to the Funeral Services Act. Payment for the services shall be by the board.
History: 1978 Comp., § 61-32-8, enacted by Laws 1993, ch. 204, § 8; 1999, ch. 284, § 5; 2003, ch. 420, § 2; 2012, ch. 48, § 10.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-32-31 NMSA 1978.
Repeals and reenactments. — Laws 1993, ch. 204, § 32 repealed former 61-32-8 NMSA 1978, as enacted by Laws 1978, ch. 185, § 8, concerning applicability of the Criminal Offender Employment Act, 28-2-1 to 28-2-6 NMSA 1978, and § 8 of the act enacted a new section, effective June 18, 1993.
The 2012 amendment, effective July 1, 2012, changed the name of the act and in Subsection B, deleted “Thanatopractice” and added “Funeral Services”.
The 2003 amendment, effective July 1, 2003, rewrote Subsection B.
The 1999 amendment, effective June 18, 1999, deleted “or through prior arrangement” following “business hours” in Subsection A, added Subsection B, redesignated former Subsection B as Subsection C, and in that subsection, substituted the language beginning “upon approval of the attorney general” for “whose services shall be paid by the board upon the approval of the attorney general”.