§ 3422. Funeral directing; licensing examinations; content; procedure.\n1. The commissioner shall determine the subjects of examination of\napplicants for license to practice funeral directing, undertaking or\nembalming, and the scope, content and character, of such examinations\nwhich in any examination shall be the same for all candidates.\n 2. Examinations shall be held twice in each year.\n 3. A candidate who fails to attain a passing grade on his or her\nlicensing examination is entitled to a maximum of three re-examinations;\nprovided, however, that if such candidate fails to attain a passing\ngrade within three years after completion of his or her training, he or\nshe must requalify in accordance with the provisions of the public\nhealth law and rules and regulations promulgated thereunder existing and\nin force as of the date of subsequent application for licensing\nexamination, except that a satisfactorily completed required course of\nstudy need not be recompleted. A candidate inducted into the armed\nforces of the United States during or after completion of training may\n(a) after honorable discharge or (b) after a discharge other than bad\nconduct or dishonorable where the candidate (i) has a qualifying\ncondition, as defined in section one of the veterans' services law, or\n(ii) is a discharged LGBT veteran, as defined in section one of the\nveterans' services law, and upon proper application as required by the\ndepartment be eligible for an exemption with respect to time served in\nsuch service.\n 4. Following the close of every written examination prepared and\nadministered by the department the questions submitted and the answers\nmade thereto by the applicant together with a record stating in detail\nthe result of the examination for each candidate shall be kept by the\ndepartment for a period of one year. These may be destroyed at the end\nof such period.\n
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