(a) There is created a State Board of Funeral Services which shall administer and enforce this chapter. (b) The Board shall consist of 7 members appointed by the Governor who are residents of this State: Four of whom shall be funeral directors licensed under this chapter and 3 public members. The public members shall not be, nor ever have been, funeral directors, nor members of the immediate family of a funeral director, shall not have been employed by a funeral director, shall not have a material interest in the providing of goods and services to funeral directors; nor have been engaged in an activity directly related to funeral services. The public members shall be accessible to inquiries, comments and suggestions from the general public. (c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may succeed oneself for 1 additional term, provided that, where a member was initially appointed to fill a vacancy, such member may succeed oneself for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor. (d) A person who has never served on the Board may be appointed to the Board for 2 consecutive terms; but, no such person shall thereafter be eligible for 2 consecutive appointments. No person, who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim period of at least 1 year has expired since such person last served. (e) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless such an amendment or revision amends this section to permit such an appointment. (f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency, or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court. (g) A member shall be deemed in neglect of duty if the member is absent from 3 consecutive meetings without good cause or if the member attends less than 50% of regular business meetings in a calendar year. (h) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount to be determined by the Division in accordance with Del. Const. art. III, § 9. (i) No member of the Board, while serving on the Board, shall: (1) Hold elective office in any local, state, or national professional funeral services association. (2) Serve as the head of a professional funeral services association's political action committee. (3) Have any financial interest in any funeral services college, school, or cemetery. (j) Chapter 58 of Title 29 shall apply to all members of the Board. (k) A member of the Board may not discriminate against any applicant or person holding or applying for a license to practice funeral services by reason of sex, race, color, age, creed, national origin, housing status, or any other basis protected under Chapter 45 of Title 6. (l) No member of the Board shall participate in any action of the Board involving, directly or indirectly, any person related in any way by blood or marriage to said member. (m) No member of the Board shall be subject to, and all members of the Board shall be immune from, claims, suits, liability, damages, or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken or performed, or recommendation made, so long as such member of the Board acted in good faith and without malice in carrying out the responsibilities, authority, duties, powers, and privileges of the office conferred by law upon the member under this chapter, or any other provisions of Delaware or federal law or rules or regulations, or duly adopted rule or regulation of the Board. Good faith is presumed unless otherwise proven and malice is required to be proven by the complainant.
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