§ 3455. Violations; prosecutions. 1. Any person who shall:

(a) obtain or attempt to obtain or aid in obtaining any license or
certificate under this article by any false or fraudulent statement or
representation; or,

(b) practice as a funeral director, undertaker or embalmer without
having been issued a license or without having registered as required by
this article; or,

(c) being a funeral director, undertaker, or embalmer, aid and abet an
unlicensed person to practice funeral directing, undertaking, and
embalming; or,

(d) hold himself out as licensed or able to practice or as practicing
or entitled to practice without conformity to the requirements of this
article; or,

(e) otherwise violate or neglect to comply with any of the provisions
of this article; or,

(f) being a funeral director, undertaker or embalmer, or registered
resident, knowingly give, sell, permit to be sold, offer for sale or
display for sale, other than for purposes within the general scope of
their activities as a licensed funeral director, undertaker or embalmer,
or registered resident, embalming fluid to another person with actual
knowledge that such other person is not a licensed funeral director,
undertaker or embalmer, or registered resident, or entity authorized to
perform embalming activities under section thirty-four hundred twenty of
this article or activities described in article forty-two of this
chapter; or

(g) practice as a funeral director, undertaker or embalmer, while his
license is revoked or suspended, shall be guilty of a misdemeanor, and
shall, on conviction, for each and every offense be punished by a fine
of not less than one hundred dollars nor more than five hundred dollars,
or by imprisonment for a term of not less than thirty days and not more
than one year, or by both such fine and imprisonment, and for a second
offense shall be punishable by both such fine and imprisonment.

2. All courts of special sessions within their respective territorial
jurisdictions are hereby empowered to hear, try and determine such
crimes without indictment and to impose in full the punishments of fines
and imprisonments herein prescribed.

3. The attorney general of the state shall have the power to prosecute
in any county of the state any violation of this article; such
prosecution may be instituted by him in his discretion or after
complaint made to him by any person, provided, however, that nothing in
this section shall be interpreted to prevent or impede the prosecution
of such proceedings by the district attorney of any county in which the
offense is committed when such proceedings have been instituted by him.

4. (a) In any prosecution or hearing hereunder it shall be necessary
to prove only a single act prohibited by law or a single holding out or
attempt, without having to prove a general course of conduct, in order
to constitute a violation.

(b) The display, publication or dissemination by any person of an
advertisement, card, sign or any other representation bearing a name,
designation or description as a practitioner of funeral directing,
undertaking, or embalming, in any manner or by implication, shall be
presumptive evidence of a holding out of such practice by such person.

5. All violations of this article when reported to the department and
duly substantiated by affidavits, or other satisfactory evidence, shall
be investigated and, if the report is found to be substantiated, the
department shall report such violations to the attorney general and
request prompt prosecution.