North Dakota Administrative Code Title 25 - State Board of Funeral Service
North Dakota Administrative Code (NDAC)
Title 25 — State Board of Funeral Service
🔍 Overview
NDAC Title 25 governs the rules and operations of the North Dakota State Board of Funeral Service, the regulatory body responsible for:
Licensing funeral service professionals and funeral establishments
Regulating funeral practices
Enforcing professional standards and ethical conduct
Protecting public health, safety, and consumer rights
These rules implement authority granted to the Board by the North Dakota Century Code (NDCC), primarily in Chapter 43-10.1, which provides statutory guidance for the funeral service profession.
🏛️ Structure and Authority of the Board
The Board consists of members appointed by the Governor.
It has the power to:
License funeral directors and embalmers
Inspect and license funeral establishments and crematories
Investigate complaints
Conduct disciplinary hearings
Adopt administrative rules (which are codified in Title 25)
📘 Key Areas Covered by NDAC Title 25
1. Licensing of Funeral Professionals
Funeral Directors and Embalmers
To be licensed, applicants must:
Complete an approved funeral service or mortuary science program
Pass the National Board Examination (NBE)
Complete a Board-approved internship or apprenticeship
Pass a state jurisprudence exam covering North Dakota laws and ethics
The rules also cover reciprocity for licensees from other states and renewal requirements, which often include continuing education.
2. Licensing and Regulation of Funeral Establishments
Funeral homes and crematories must be licensed by the Board and are subject to periodic inspections.
Rules govern:
Facility standards (e.g., embalming room requirements)
Sanitation and safety protocols
Recordkeeping and body handling procedures
Advertising and signage requirements
3. Pre-Need Funeral Contracts
Title 25 includes provisions regarding prepaid funeral contracts or pre-need arrangements, where individuals pay in advance for funeral services.
Rules ensure:
Proper handling and trusting of consumer funds
Clear disclosures and contract terms
Protections against fraud or mismanagement
This protects consumers by ensuring their funds are available and used appropriately at the time of death.
4. Professional Conduct and Ethics
The Code establishes a Code of Conduct and ethical standards, such as:
Respectful treatment of deceased individuals and families
Truthful advertising
Confidentiality and dignity
Prohibition on unlicensed practice or misrepresentation
Violations of these rules can lead to disciplinary action, including suspension, fines, or revocation of licenses.
5. Disciplinary Procedures
The Board has investigative powers to address complaints and can initiate administrative hearings.
Allegations may include:
Negligence or incompetence
Fraud in licensure
Violations of trust fund laws
Misuse of human remains
Licensees are entitled to:
Notice of charges
Administrative hearings
Right to appeal
The Board’s actions must comply with due process requirements under state and federal law.
⚖️ Legal Principles and Case Law
While North Dakota-specific published case law involving the Funeral Board is limited, there are general legal principles and comparable case examples that provide guidance:
1. Due Process in License Discipline
Legal Principle: Before a professional license can be suspended or revoked, the individual must be provided:
Notice of the allegations
A meaningful opportunity to be heard
An impartial decision-maker
🔹 Example Application:
If a funeral director’s license is revoked for mismanagement of pre-need funds, and they were not given a proper hearing, a court may reverse the Board’s decision for violating due process.
2. Authority of the Board
Legal Principle: Courts typically defer to the decisions of administrative boards (like the Funeral Board) as long as:
The decision is within the Board’s statutory authority
It is supported by evidence
It is not arbitrary, capricious, or unlawful
🔹 Example:
If the Board denies a license due to a failed background check or ethics violation, the court would uphold the decision unless the applicant shows bias or legal error.
3. Consumer Protection and Pre-Need Trust Funds
Legal Principle: States may impose strict regulation on prepaid funeral contracts to prevent fraud and protect public interest.
🔹 In other states, funeral directors have faced litigation for:
Commingling prepaid funds
Failing to deposit payments in trust accounts
Providing services inconsistent with pre-need agreements
North Dakota's Title 25 addresses these issues proactively to avoid such legal exposure.
4. Unlicensed Practice and Injunctive Relief
The Board has authority to stop individuals or businesses from practicing funeral services without a license.
🔹 Enforcement action may include:
Cease and desist orders
Injunctions through district court
Civil penalties
📑 Summary Table
| Category | Details |
|---|---|
| Regulatory Authority | North Dakota State Board of Funeral Service |
| NDAC Title | Title 25 |
| Core Responsibilities | Licensing, enforcement, oversight of funeral professionals & establishments |
| Licensing Requirements | Education, exam, internship, continuing education |
| Facility Regulation | Facility standards, sanitation, inspections |
| Pre-Need Regulation | Trust fund requirements, consumer disclosures, contract rules |
| Disciplinary Actions | Investigations, hearings, suspensions, revocations |
| Legal Protections | Due process, appeals, administrative review |
✅ Final Notes
NDAC Title 25 helps enforce ethical, professional, and consumer-protective standards in the sensitive and regulated field of funeral service.
It works in tandem with North Dakota Century Code Chapter 43-10.1.
The rules ensure dignity in care for the deceased, consumer financial protection, and professionalism in the funeral industry.
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