Board Organization, Powers, and Rulemaking
Structure and authority
The Alabama Board of Funeral Service is created by statute and consists of members appointed in the manner and for the terms the statute specifies, representing licensed funeral directors/embalmers and the public. The Board's powers include licensing, rulemaking, investigations, discipline, and adopting rules to implement the funeral service law. Candidates should understand the rulemaking process (notice, public comment, adoption, filing) and the limits on the Board's authority - it may not exceed the statute.
Concepts to master
- Board composition, appointment, terms, and quorum/voting basics.
- Sources of authority: the enabling statute versus Board rules.
- Rulemaking procedure and publication of rules.
- Board powers: examine, license, inspect, investigate, discipline.
- Separation of powers - the Board administers; courts review.
Traps
A common trap is treating Board rules as equal to the statute; rules must be consistent with the statute. Another is assuming the Board can act outside its enabling act (e.g., impose a penalty the statute does not authorize). Questions may also test that a Board member with a conflict must recuse.
Rule of thumb
When a question pits a statute against a rule, the statute controls; a rule that conflicts with the statute is invalid to the extent of the conflict.