reglab/housing_qa huggingface dataset:
MD. Business Regulation Code Ann. §  5-202 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 2 - Office of Cemetery Oversight|Section 5-202 - Director of Office of Cemetery Oversight

    (a)    (1)    The Secretary shall appoint a Director of the Office of Cemetery Oversight with the approval of the Governor.        (2)    The Director serves at the pleasure of the Secretary.    (b)    The Director shall devote full time to the duties of the Office.    (c)    The Director is entitled to:        (1)    compensation in accordance with the State budget; and        (2)    reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.    (d)    The Director shall:        (1)    administer and operate the Office; and        (2)    be responsible to the Secretary.    (e)    In addition to any requirements of the State Ethics Law, the Director may not:        (1)    hold any position or engage in another business that interferes or conflicts with the position of the Director;        (2)    be a registered cemeterian or a registered seller;        (3)    engage in any act for which a registration is required under this title; or        (4)    in connection with any registered cemeterian, registered seller, permit holder, funeral director, funeral establishment, or related death care entity, directly or indirectly receive or become entitled to receive any fee, perquisite, or compensation.
MD. Business Regulation Code Ann. §  5-203 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 2 - Office of Cemetery Oversight|Section 5-203 - Director's Staff

    The Director may employ a staff in accordance with the State budget.
MD. Business Regulation Code Ann. §  5-204.1 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 2 - Office of Cemetery Oversight|Section 5-204.1 - Response to Issues and Development of Plan for Ongoing Issues

    The Advisory Council shall respond to issues raised by the Director in the annual report required under § 5–204 of this subtitle and § 5–311 of this title and develop a plan to study ongoing issues during the year following the issuance of the report.
MD. Business Regulation Code Ann. §  5-205 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 2 - Office of Cemetery Oversight|Section 5-205 - Cemetery Oversight Fund

    (a)    There is a Cemetery Oversight Fund.    (b)    (1)    (i)    By regulation, the Director shall establish reasonable fees and a fee schedule for the issuance and renewal of registrations and permits.            (ii)    The Director may not assess a crematory a per–occurrence cremation fee.        (2)    In establishing the fees, the Director shall consider the size of the business, whether the business is for–profit or designated as tax exempt under § 501(c) of the Internal Revenue Code, the volume of business conducted, and the type of services provided, including the percentage of preneed contracts written.    (c)    The fees charged shall be set so as to approximate the direct and indirect cost of maintaining the Office.    (d)    The Director shall pay all funds collected under this title to the Comptroller who shall distribute the fees to the Cemetery Oversight Fund.    (e)    (1)    The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Office.        (2)    The Fund is a continuing nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.        (3)    Any unspent portions of the Fund may not revert or be transferred to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this title.        (4)    No other State money may be used to support the Fund.    (f)    (1)    The Director shall administer the Fund.        (2)    Moneys in the Fund may be expended for any lawful purpose authorized under the provisions of this title.    (g)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
MD. Business Regulation Code Ann. §  5-206 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 2 - Office of Cemetery Oversight|Section 5-206 - Liability

    A person shall have the immunity from liability described under § 5-720 of the Courts and Judicial Proceedings Article for giving information to the Director or otherwise participating in the activities of the Office.
MD. Business Regulation Code Ann. §  5-301 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 3 - Registration|Section 5-301 - Registration

    An individual shall register with the Office before:        (1)    engaging in the operation of a cemetery or crematory in this State; or        (2)    providing burial goods in this State.
MD. Business Regulation Code Ann. §  5-302 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 3 - Registration|Section 5-302 - Registration Requirements

    (a)    In order to register, an applicant shall meet the requirements of this section.    (b)    The applicant must be at least 18 years old.    (c)    The applicant must be of good character and reputation.    (d)    The applicant must be affiliated with a cemetery, crematory, or burial goods business operated by a registrant or permit holder.    (e)    The cemetery, crematory, or burial goods business with which the applicant is affiliated must be financially stable in accordance with § 5–304 of this subtitle.
MD. Business Regulation Code Ann. §  5-303 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 3 - Registration|Section 5-303 - Registration Procedure

    (a)    An applicant shall register by:        (1)    submitting to the Director an application on the form that the Director provides; and        (2)    paying a nonrefundable application fee set by the Director.    (b)    The application shall state:        (1)    the name, date of birth, and residential address of the applicant;        (2)    the name and fixed address of the affiliated cemetery, crematory, or burial goods business;        (3)    whether the cemetery, crematory, or burial goods business with which the applicant is affiliated is owned or controlled by a sole proprietor, partnership, limited liability company, or corporation;        (4)    if the applicant is designated as the responsible party, the name and residential address of each employee who sells burial space, goods, or services to the public for the business while engaging in the operation of a cemetery, crematory, or burial goods business; and        (5)    any other reasonable information that the Director determines is necessary to carry out this title.
MD. Business Regulation Code Ann. §  5-304 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 3 - Registration|Section 5-304 - Financial Stability

    (a)    Each applicant designated as the responsible party shall demonstrate the financial stability of the business with which the applicant is affiliated by providing the Director with a financial statement or other reports required under subsection (e) of this section with the application for registration.    (b)    If the business is a cemetery that sells burial goods and is an existing business, the financial statement shall:        (1)    be on the form that the Director requires;        (2)    contain a statement by a certified public accountant retained by the business, detailing the assets and liabilities of the cemetery for the last fiscal year; and        (3)    contain a review by the certified public accountant as to the financial stability of the cemetery.    (c)    If the business is an existing cemetery that does not sell burial goods or an existing burial goods business not affiliated with a cemetery, the applicant shall:        (1)    complete a form that the Director requires; and        (2)    satisfy criteria that the Director adopts under subsection (e) of this section.    (d)    If the business is a new business, the applicant shall:        (1)    complete a form that the Director requires; and        (2)    satisfy criteria that the Director adopts under subsection (e) of this section.    (e)    (1)    The Director shall make a determination of the financial stability of each applicant based on criteria that the Director adopts for each class of business.        (2)    The Director shall adopt separate criteria to determine the financial stability of applicants that are new businesses or existing businesses.        (3)    The Director shall require that all financial statements of a new cemetery submitted under subsection (d) of this section be prepared by a certified public accountant retained by the business.
MD. Business Regulation Code Ann. §  5-305 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 3 - Registration|Section 5-305 - Issuance of Registration

    (a)    The Director shall issue a registration to an applicant who meets the requirements of this title.    (b)    A registration issued by the Director under this title:        (1)    may not be transferred from one individual to another; but        (2)    may be transferred for the same individual from one cemetery to another.
MD. Business Regulation Code Ann. §  5-306 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 3 - Registration|Section 5-306 - Authority of Registrants

    (a)    While a registration is in effect, it authorizes the registrant to engage in the operation of a cemetery, crematory, or burial goods business.    (b)    This title does not limit the right of a person to practice funeral direction or mortuary science, or operate a crematory, if the person is licensed or otherwise authorized under Title 7 of the Health Occupations Article.
MD. Business Regulation Code Ann. §  5-307 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 3 - Registration|Section 5-307 - Registration or Permit Renewal

    (a)    Unless a registration or permit is renewed as provided in this section, the registration or permit expires on the second anniversary of its effective date.    (b)    (1)    At least 90 days before a registration or permit expires, the Director shall mail or electronically transmit to the registrant or permit holder:            (i)    a renewal application form; and            (ii)    a notice that states:                1.    the date on which the current registration or permit expires; and                2.    the amount of the renewal fee.        (2)    If an electronic transmission under paragraph (1) of this subsection is returned to the Director as undeliverable, the Director shall mail to the registrant or permit holder, at the last known address of the registrant or permit holder, the materials required under paragraph (1) of this subsection within 10 business days of the date the Director received the notice that the electronic transmission was undeliverable.    (c)    Before a registration or permit expires, the registrant or permit holder periodically may renew it for an additional 2-year term, if the registrant or permit holder:        (1)    is otherwise entitled to be registered or to receive a permit;        (2)    meets the qualifications set forth for an original registration or permit;        (3)    pays the renewal fee set by the Director; and        (4)    submits to the Director a renewal application on the form that the Director provides.    (d)    The Director shall renew the registration or permit of each registrant or permit holder who meets the requirements of this section.
MD. Business Regulation Code Ann. §  5-308 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 3 - Registration|Section 5-308 - Changes in Application

    Within 1 week after the effective date of the change, the applicant designated as the responsible party or the registered responsible party shall submit to the Director an application form that shows a change in the:        (1)    cemetery, crematory, or burial goods business with which a registrant is affiliated;        (2)    individual designated as the responsible party;        (3)    employees of the business who engage in the sale of burial space, goods, or services or cremation to the public;        (4)    officers, directors, members, or agents of the permit holder; or        (5)    name or address of the registrant or permit holder.
MD. Business Regulation Code Ann. §  5-309 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 3 - Registration|Section 5-309 - Display of Registration

    Each registrant and permit holder shall display the registration or permit conspicuously at the business address of the registrant or permit holder.
MD. Business Regulation Code Ann. §  5-312 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 3 - Registration|Section 5-312 - Hearing

    (a)    (1)    Except as otherwise provided in § 10-226 of the State Government Article, before the Director takes a final action under this subtitle, the Director shall provide the person against whom the action is contemplated notice of the Director’s proposed action and the opportunity to request a hearing before the Director.        (2)    A person shall file a request for a hearing not later than 30 days after the date the notice provided under paragraph (1) of this subsection is mailed.    (b)    The Director shall provide notice and conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.    (c)    The Director may administer oaths in connection with a proceeding under this section.    (d)    The hearing notice provided to the person under subsection (a)(1) of this section shall be sent by certified mail to the last known address of the person at least 10 days before the hearing.    (e)    If a hearing is not requested within the time period specified under subsection (a)(2) of this section or if the person fails to appear for the hearing after requesting a hearing, the proposed action of the Director shall be affirmed.    (f)    The person may be represented at the hearing by counsel.    (g)    (1)    The Director may issue subpoenas in connection with a proceeding under this section.        (2)    If a person fails to comply with a subpoena issued under this subsection, on petition of the Director, a circuit court may compel compliance with the subpoena.    (h)    If, after a hearing, the proposed action by the Director is upheld, the appellant shall pay the hearing costs, as specified by the Office in its regulations.
MD. Business Regulation Code Ann. §  5-401 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 4 - Permits and Statement Filings|Section 5-401 - Cemetery Operation

    (a)    Subject to the provisions of this section, a registered cemeterian, registered crematory operator, or registered seller may engage in the operation of a cemetery, crematory, or burial goods business as a sole proprietor or through:        (1)    a corporation as an officer, director, employee, or agent of the corporation;        (2)    a limited liability company as a member, employee, or agent of the limited liability company; or        (3)    a partnership as a partner, employee, or agent of the partnership.    (b)    Subject to the provisions of this title, a corporation, limited liability company, or partnership may engage in the operation of a cemetery, crematory, or burial goods business through a registered cemeterian, registered crematory operator, or registered seller.    (c)    (1)    A registered cemeterian who engages in the operation of a cemetery through a corporation, limited liability company, or partnership under this title is subject to all of the provisions of this title that relate to engaging in the operation of a cemetery.        (2)    A registered crematory operator who engages in the operation of a crematory through a corporation, limited liability company, or partnership under this title is subject to all of the provisions of this title that relate to engaging in the operation of a crematory.        (3)    A registered seller who engages in the operation of a burial goods business through a corporation, limited liability company, or partnership under this title is subject to all of the provisions of this title that relate to providing burial goods services.    (d)    (1)    A corporation, limited liability company, or partnership that engages in the operation of a cemetery, crematory, or burial goods business under this title is not, by its compliance with this title, relieved of any responsibility that the corporation, limited liability company, or partnership may have for an act or an omission by its officer, director, member, partner, employee, or agent.        (2)    An individual who engages in the operation of a cemetery, crematory, or burial goods business through a corporation, limited liability company, or partnership is not, by reason of the individual’s employment or other relationship with the corporation, limited liability company, or partnership, relieved of any individual responsibility that the individual may have regarding that practice.
MD. Business Regulation Code Ann. §  5-402 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 4 - Permits and Statement Filings|Section 5-402 - Corporations and Partnerships; Permit

    A corporation, limited liability company, or partnership shall obtain a permit issued by the Director, before the corporation, limited liability company, or partnership may engage in the operation of a cemetery, crematory, or burial goods business in the State.
MD. Business Regulation Code Ann. §  5-403 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 4 - Permits and Statement Filings|Section 5-403 - Permit Qualification

    To qualify for a permit, a corporation, limited liability company, or partnership shall:        (1)    designate a separate registered cemeterian, registered crematory operator, or registered seller as the responsible party for the operations of each affiliated cemetery, crematory, or burial goods business;        (2)    provide the name and business address of each affiliated cemetery, crematory, or burial goods business;        (3)    provide a list of the officers, directors, members, partners, agents, and employees of the entity applying for the permit; and        (4)    comply with §§ 5–303(b)(4) and 5–304 of this title.
MD. Business Regulation Code Ann. §  5-404 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 4 - Permits and Statement Filings|Section 5-404 - Form and Fee

    An applicant for a permit shall submit to the Director:        (1)    an application on the form that the Director provides;        (2)    an application fee as set by the Director; and        (3)    documentation verifying the number of sales contracts subject to the sales contract fee entered into within the business’s last 2 fiscal years.
MD. Business Regulation Code Ann. §  5-405 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 4 - Permits and Statement Filings|Section 5-405 - Statement Required

    Except for a cemetery in which no burials have taken place within the previous 5 years, a cemetery that is exempt under § 5-102 of this title from the registration and permitting requirements of this title shall file with the Office, once every 2 years, a statement that includes:         (1)    the name and address of the cemetery;        (2)    the name and address of the organization that owns and operates the cemetery; and        (3)    the name and address of the individual who is responsible for the oversight of the cemetery.
MD. Business Regulation Code Ann. §  5-501 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 5 - Cemetery Property|Section 5-501 - Limit on Land Held

    (a)    Except as otherwise provided in this section, a person may not buy, hold, or use, for burial:        (1)    more than 100 acres in the State; or        (2)    any land within the limits of a municipal corporation in the State, unless authorized to do so by the municipal corporation.    (b)    (1)    In the Spauldings Election District of Prince George’s County, a person may buy, hold, or use, for burial, up to 125 acres in 1 tract.        (2)    In the Laurel Election District of Prince George’s County, a person that operated a cemetery on or before June 1, 1955, may buy, hold, or use, for burial, up to 200 acres in 1 tract.        (3)    In the Kent Election District of Prince George’s County, a person may buy, hold, or use, for burial, up to 150 acres in 1 tract.    (c)    In Frederick County, a person may buy, hold, or use, for burial, up to 150 acres in 1 tract.    (d)    In Baltimore County, a person may buy, hold, or use, for burial, up to 200 acres in 1 tract.
MD. Business Regulation Code Ann. §  5-502 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 5 - Cemetery Property|Section 5-502 - Public Thoroughfares in Cemeteries

    (a)    An alley, canal, road, or other public thoroughfare may not be opened through property of a cemetery if that property is used or to be used for burial.    (b)    This section does not authorize a registered cemeterian, permit holder, or other person to obstruct:        (1)    a public road in use when the cemetery is formed; or        (2)    the site of a future public road that, when the cemetery is formed, is shown on a plat made by authority of the State, a county, or a municipal corporation.
MD. Business Regulation Code Ann. §  5-503 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 5 - Cemetery Property|Section 5-503 - Burial Lots and Crypts

    (a)    Each burial lot and each crypt sold or conveyed in a cemetery shall be held by the owner only for the purpose of burial.    (b)    The interest of an owner of a burial lot or crypt that is held for the burial of the owner or others and not held as an investment is not:        (1)    considered property;        (2)    subject to attachment or execution for debt;        (3)    subject to the insolvency laws of the State;        (4)    to be inventoried in the estate of the owner; or        (5)    subject to inheritance taxes.    (c)    The interest of an owner of a burial lot or crypt that is held as an investment and not held for the burial of the owner or others is:        (1)    considered personal property;        (2)    subject to attachment or execution for debt;        (3)    subject to the insolvency laws of the State;        (4)    to be inventoried in the estate of the owner; and        (5)    subject to inheritance taxes.    (d)    Subject to the rules of the cemetery owner and to the terms of any contract made with the cemetery owner, the interest of an owner of a burial lot or crypt:        (1)    may be disposed of during the lifetime of the owner of the burial lot or crypt with the consent of the cemetery owner;        (2)    may be disposed of by specific reference in the will of the owner; and        (3)    otherwise passes to the heirs of the owner, as defined in § 1-101 of the Estates and Trusts Article.    (e)    (1)    The owner of a burial lot is responsible for the care of a memorial or monument placed on the burial lot.        (2)    Nothing in this section may be construed to prohibit a party responsible for a cemetery from maintaining or repairing a damaged memorial or monument.
MD. Business Regulation Code Ann. §  5-504 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 5 - Cemetery Property|Section 5-504 - Certificate of Ownership of Lot or Crypt

    A certificate, under seal of a sole proprietor registered cemeterian, permit holder, or other cemetery owner, of ownership of a burial lot or crypt has the same effect as a conveyance of real property that is executed, acknowledged, and recorded as required by law.