§ 7-4A-08. Claim for loss -- Procedure for handling

   (a) Time period. -- The Board shall act promptly on a claim made under this subtitle.

(b) Initial procedure. -- On receipt of a claim, the Board shall:

   (1) Forward a copy of the claim:

      (i) To each licensee alleged to be responsible for the act or omission giving rise to the claim;

      (ii) To each unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and

      (iii) To each funeral establishment that employs a licensee or unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and

   (2) Request from each of the persons listed in item (1) of this subsection a written response within 10 days to the allegations set forth in the claim.

(c) Review and investigation. --

   (1) The Board:

      (i) Shall review the claim and any response to the claim; and

      (ii) May conduct an investigation of the claim.

   (2) On the basis of its review and any investigation that the Board conducts, the Board shall:

      (i) Set the matter for a hearing; or

      (ii) If the claim is frivolous, made in bad faith, or legally insufficient, dismiss the claim.

(d) Burden of proof. -- At any claim hearing, the burden of proof shall be on the claimant to establish the validity of the claim.

HISTORY: 2008, ch. 532, § 1.