the "Affidavit and Complaint" application.
WHEN FILING A
WITH THE KANSAS STATE BOARD OF MORTUARY ARTS
Please submit as much information as possible when submitting the " Affidavit and Complaint " application with the board. If applicable, please include a copy of the death certificate, newspaper obituary (indicating date and name of paper) and any other related information that you were provided by the funeral home (such as a statement, authorization to embalm.......). The more information that you are able to provide will allow us the opportunity to compile a complete "investigative report." If you cannot be reached by telephone during the day, then please give us an evening phone number and a time that is best for us to contact you. It might be necessary to verify information with you during the course of our investigation. NOTE: This is a pdf document. If you do not already have Adobe Acrobat Reader already installed on your computer, please visit their site to download it.
Once we have received your " Affidavit and Complaint " here is what takes place:
1) You are notified that your complaint has been received by our office.
2) Our staff conducts an investigation to compile a report that is presented to the Board's Investigative Committee.
3) The Investigative Committee of the Board reviews the "Investigative Report" to determine if any possible violations of the Kansas Law have occurred, and to make the appropriate recommendations to the Board.
4) The Board determines if a hearing is warranted and notifies the appropriate parties.
If possible violations are indicated, then a hearing with the licensee is scheduled based on the provisions of the Kansas Administrative Procedure Act. The hearing is to give the licensee an opportunity to present their case. There is a possibility that you and the other parties will need to appear at the hearing, but this is not always the case. You will be given ample advance warning should your presence at the hearing be warranted.
The Board consists of five (5) Governor appointed members serving three (3) year terms. Three members must be active licensed embalmers and two are consumers. The Board has the legal authority to revoke, suspend or censor the licenses that they regulate. The Board does not have the authority to regulate how much merchandise and services are charged by funeral homes. We do, however, regulate the manner in which prices are displayed. Complaints dealing strictly with overcharging should be filed with the Consumer Protection Division of the Kansas Attorney General's office (Memorial Hall Building, 120 S.W. 10th Street, 2nd Floor, Topeka, Kansas 66612-1597). The filing of a complaint does not warrant not paying an outstanding bill with a funeral home. Failure to pay money due to a funeral home by a set deadline can result in interest being added to any outstanding balance. The filing of a complaint with our office has no affect in delaying this process.
The Board meets quarterly: January, April, July and October. You will be notified immediately after your complaint has been investigated and reviewed by the Investigative Committee with recommendations made to the Board as a whole. This process can take three months or longer in certain situations. I ask for your patience and assistance that allows our agency to protect the health and welfare of all consumers utilizing the services and merchandise of Kansas funeral homes to the very best of our ability.
In the meantime, if you
should have any
questions or need further assistance, please do not hesitate to contact
Executive Secretary Mack Smith, Office Manager Sherry Fergel
or Inspector Francis Mills at our Topeka office.
Last Updated: Tuesday, November 5, 2013
Kansas State Board of Mortuary Arts - phone:(785)-296-3980 - fax:(785)296-0891