Section 77.8 - Managers

77.8 Managers.

(a) The manager of each funeral firm shall be a funeral director or undertaker duly licensed as such under and pursuant to the laws of the State of New York and shall be duly registered with the department as such manager.

(b) A funeral director or undertaker shall not serve and shall not be registered as a manager of more than one funeral firm.

(c) When a funeral firm owned and operated by a corporation organized under and pursuant to the laws of the State of New York for such purpose, the board of directors of such corporation shall designate an employee as manager. Such employee shall be a duly licensed and registered funeral director or undertaker of the funeral firm and his/her designation as manager shall be filed with the department.

(d) When a funeral firm is owned and operated by the estate of a deceased funeral director or undertaker, the duly appointed representative of the estate shall designate a duly licensed and registered funeral director or undertaker as manager, and his/her designation as manager shall be filed with the department.

(e) The funeral establishment of a funeral firm shall be under the immediate and personal supervision, direction, management and control of the manager, and his/her failure to exercise such supervision, direction, management and control adequately, shall constitute a violation of the rules and regulations of the State Commissioner of Health. Any violation of the provisions of article 34 of the Public Health Law, 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 by the funeral firm or its personnel shall constitute a violation of the rules and regulations of the commissioner by the manager unless he/she exercised adequate supervision, management, direction and control to prevent said violation.

(f) If the manager is unable, for any reason, to exercise adequate supervision, direction, management and control of the funeral establishment, the manager, owner, board of directors or the representative of the estate, as the case may be, shall designate any funeral director or undertaker to serve as temporary manager and notify the department thereof in writing. If such inability of the manager exceeds 90 days or is expected to exceed 90 days, a new manager shall be designated and registered with the department as hereinbefore provided.

(g) The owner and operator or estate representative of a funeral firm shall notify the department in writing within 10 days of any change of manager of any funeral firm and shall file designation of the new manager as herein provided. In the case of a corporation, the designation of a new manager shall, unless otherwise acceptable to the department, be in the form of a resolution of the board of directors appointing such manager and a certified copy of such resolution shall be filed with the department.
 

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