We request the complaint be in writing. However an exception can be made between the time a death occurs and the disposition of the remains when staff may need to obtain some information immediately, before it becomes unavailable.
Once a written complaint is received it is assigned to a member of the state board for review. The reviewing member consults with board staff to determine if possible violation(s) of the laws and rules governing funeral and cemetery practice has occurred. Additional information may be needed at this point in order to reach this determination, so some further contact with the complainant or other parties may be necessary.
A decision is made by the reviewing member and board staff either to close the complaint for lack of jurisdiction, or that the conduct was proper and there are no apparent violation(s), OR to request an investigation if there are possible violation(s).
The investigation is then assigned to the inspector/investigator who performs the investigation and completes an investigative report. That report is then returned to the reviewing member and board staff for further review. The prosecuting assistant attorney general may be consulted as well.
If it has been determined that there is no basis for disciplinary action at this time, the file is closed. If possible violations have occurred, they are reviewed with the prosecuting assistant attorney general. If agreement on possible violations is not reached, the investigation is closed. If agreement is reached, begin disciplinary procedures to address the issue.
Complaints and investigations become a matter of record with the Department of Licensing. This is important as some types of unprofessional conduct may require a pattern of conduct in order to establish a violation, so previous records can become important in establishing a pattern of conduct.
RCW 68.50.160 states, “A person has the right to control the disposition of his or her own remains without the predeath or postdeath consent of another person. A valid written document expressing the decedent’s wishes regarding the place or method of disposition of his or her remains, signed by the decedent in the presence of a witness, is sufficient legal authorization for the procedures to be accomplished. Prearrangements that are prepaid, or filed with a licensed funeral establishment or cemetery authority…are not subject to cancellation or substantial revision by survivors.”
If the decedent has not made a prearrangement as set forth above, the disposition of his or her remains devolves upon the following in the order named: