reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7711.2.

7711.2. The bureau may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any person engaged in the business or acting in the capacity of a cemetery licensee, and may temporarily suspend or permanently revoke a license at any time where the licensee, within the immediately preceding three years, while a cemetery licensee in performing or attempting to perform any of the acts specified in this act, has been guilty of any of the following:
(a) Making any substantial misrepresentation.
(b) Making any false statement of a character likely to influence or persuade.
(c) A continued and flagrant course of misrepresentation or making of false promises through cemetery agents or salespersons.
(d) Acting for more than one party in a transaction without the knowledge or consent of all parties thereto.
(e) Commingling the money or other property of his or her principal with his or her own.
(f) The practice of claiming or demanding a fee, compensation, or commission under any exclusive agreement authorizing or employing a licensee to sell, buy, or exchange cemetery property for compensation or commission where such agreement does not contain a definite, specified date of final and complete termination.
(g) The claiming or taking by a licensee of any secret or undisclosed amount of compensation, commission, or profit or the failure of a licensee to reveal to the employer of such licensee the full amount of such licensee’s compensation, commission, or profit under any agreement authorizing or employing such licensee to sell, buy, or exchange cemetery property for compensation or commission prior to or coincident with the signing of such agreement evidencing the meeting of the minds of the contracting parties, regardless of the form of such agreement, whether evidenced by documents in an escrow or by any other or different procedure.
(h) The use by a licensee of any provision allowing the licensee an option to purchase in an agreement authorizing or employing such licensee to sell, buy, or exchange cemetery property for compensation or commission, except when such licensee prior to or coincident with election to exercise such option to purchase reveals in writing to the employer the full amount of the licensee’s profit and obtains the written consent of the employer approving the amount of such profit.
(i) Any other conduct, whether of the same or a different character than specified in this section, which constitutes fraud or dishonest dealing.
(j) The misrepresentations and false statements mentioned in this section also include misrepresentation and false statements as to other property than that which the cemetery licensee may be selling or attempting to sell.
(Added by Stats. 2015, Ch. 395, Sec. 24. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7711.3.

7711.3. The bureau may suspend or revoke the license of any cemetery licensee who, within the immediately preceding three years, has done any of the following:
(a) Been convicted of a crime substantially related to the qualifications, functions, and duties of such licensee. The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction.
(b) Knowingly authorized, directed, connived at, or aided in the publication, advertisement, distribution, or circulation of any material false statement or representation concerning his or her business or any cemetery property offered for sale.
(c) Willfully disregarded or violated any of the provisions of this act relating to cemetery brokerage.
(d) Acted or conducted himself or herself in a manner which would have warranted the denial of his or her application for a cemetery license, or for a renewal thereof.
(Added by Stats. 2015, Ch. 395, Sec. 25. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7711.4.

7711.4. When any salesperson is discharged by his or her employer for a violation of any of the provisions of this article prescribing a ground for disciplinary action, a verified written statement of the facts with reference thereto shall be filed forthwith with the bureau by the employer and, if the employer fails to notify the bureau as required by this section, the bureau may temporarily suspend or permanently revoke the cemetery license of the employer in accordance with the provisions of this act.
(Added by Stats. 2015, Ch. 395, Sec. 26. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7711.5.

7711.5. The bureau may deny, suspend, or revoke the cemetery license of a corporation as to any officer or agent acting under its cemetery license, and the cemetery license of a copartnership as to any member acting under its cemetery license, without revoking the cemetery license of the corporation or of the copartnership.
(Added by Stats. 2015, Ch. 395, Sec. 27. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7711.6.

7711.6. The fees for cemetery licenses at all periods of the fiscal year is the same as provided in this article. All cemetery license fees are payable in advance of issuing the licenses and at the time of filing the application. All licenses shall be issued for the fiscal year and shall expire on June 30 of each fiscal year at midnight.
(Added by Stats. 2015, Ch. 395, Sec. 28. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7711.7.

7711.7. (a) If a person fails to apply for a license renewal, no renewal license shall be issued except upon payment of the delinquent renewal fee required under Section 7729.2.
(b) A person who fails to renew his or her license within one year of the expiration date shall not engage in any of the activities authorized by a license unless he or she first files the application required for an original license, pays the original license fee, and otherwise complies with all of the provisions of this act pertaining to the issuance of an original license.
(Added by Stats. 2015, Ch. 395, Sec. 29. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7711.8.

7711.8. The definitions contained in this article are solely for the purposes of this article.
(Added by Stats. 2015, Ch. 395, Sec. 30. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7711.9.

7711.9. An original cemetery broker’s license is a cemetery license issued to a person who did not have a cemetery broker’s license on June 30 of the fiscal year previous to the fiscal year for which the license is issued.
(Added by Stats. 2015, Ch. 395, Sec. 31. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7711.10.

7711.10. A renewal cemetery broker’s license is a cemetery license issued to a person who had a cemetery broker’s license unrevoked and unsuspended on June 30 of the fiscal year previous to the fiscal year for which the renewal cemetery license is issued.
(Added by Stats. 2015, Ch. 395, Sec. 32. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7711.11.

7711.11. An original cemetery salesperson’s license is a cemetery license issued to a person who did not have a cemetery salesperson’s or a broker’s license either individually or as an officer of a corporation, or as a member of a copartnership, on June 30 of the fiscal year previous to the fiscal year for which the salesperson’s license is issued.
(Added by Stats. 2015, Ch. 395, Sec. 33. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7711.12.

7711.12. A renewal cemetery salesperson’s license is a cemetery license issued to a person who had a cemetery salesperson’s or a broker’s license either individually or as an officer of a corporation, or as a member of a copartnership, on June 30 of the fiscal year previous to the fiscal year for which the salesperson’s license is issued.
(Added by Stats. 2015, Ch. 395, Sec. 34. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7712.

7712. A crematory established, operated, or maintained, may be operated by a corporation, partnership, or natural person, provided that a valid crematory license shall have been issued by the bureau.
(Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7712.1.

7712.1. (a) Any change in the ownership of a crematory shall be reported to the bureau.
(b) Any transfer in a single transaction or a related series of transactions of more than 50 percent of the equitable interest in a licensed crematory shall constitute a change of ownership.
(c) When a change of ownership in a crematory occurs, all of the following apply:
(1) The new owner may submit an application to assign the crematory license.
(2) If the new owner submits an application pursuant to paragraph (1), the new owner shall submit the application at least 30 days before the change of ownership occurs.
(3) If the new owner submits an application pursuant to paragraph (1), the new owner shall pay the fee described in subdivision (b) of Section 7712.9.
(4) If the new owner submits an application pursuant to paragraph (1), the bureau shall approve or disapprove the application.
(5) If the new owner submits an application pursuant to paragraph (1), the bureau may approve the application prior to the date of the final sale.
(d) (1) Within 10 days after a sale of a crematory is final, the new owner shall submit to the bureau a copy of the final sales agreement.
(2) Within 60 days after a sale of a crematory is final, the new owner shall submit to the bureau proof that any required permit to operate the crematory issued by a local air pollution control district has been assigned to the new owner.
(3) A failure to comply with paragraph (1) or (2) shall constitute a ground for a disciplinary action.
(e) The bureau shall not require an applicant under this section to obtain any new permit or license from any other governmental agency when the existing permit or license is valid.
(Amended by Stats. 2023, Ch. 206, Sec. 1. (AB 1560) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7712.2.

7712.2. Application for a crematory license shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The application shall be accompanied by the fee provided for in this article and shall show that the applicant owns or is actively operating a crematory in this state or that the applicant is in a position to commence operating such a crematory.
(Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7712.3.

7712.3. The provisions of Article 5 (commencing with Section 8341) of Chapter 2 of Part 3 of Division 8 of the Health and Safety Code shall apply to crematories licensed under this chapter.
(Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7712.4.

7712.4. The bureau may require such proof as it deems advisable concerning the compliance by such applicant with all the laws, rules, regulations, ordinances, and orders applicable to the applicant and shall not issue such crematory license until it has satisfied itself that the public interest will be served by such applicant.
(Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7712.5.

7712.5. (a) The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge and experience and financial responsibility for applicants for a crematory license. In reviewing an application for a crematory license, the bureau may consider acts of the applicant, including acts of incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a crematory license under Division 1.5 (commencing with Section 475).
(b) Upon receipt of an application for a crematory license, the bureau may cause an investigation to be made of the physical status, plans, specifications, and financing of the proposed crematory, the character of the applicant, including, if applicable, its officers, directors, shareholders, or members, and any other qualifications required of the applicant under this article, and for this purpose may subpoena witnesses, administer oaths, and take testimony.
(c)  At the time of the filing of the application required by this article, the applicant shall pay to the Cemetery and Funeral Fund the sum of seven hundred fifty dollars ($750) to defray the expenses of investigation. In the event the sum shall be insufficient to defray all of the expenses, the applicant shall, within five days after request therefor, deposit an additional sum sufficient to defray such expenses, provided that the total sum shall not exceed nine hundred dollars ($900).
(Amended by Stats. 2022, Ch. 625, Sec. 45. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7712.6.

7712.6. A crematory licensee under this article shall not conduct any cremations:
(a) Unless the licensee has a written contract with the person or persons entitled to custody of the remains clearly stating the location, manner, and time of disposition to be made of the remains, agreeing to pay the regular fees of the licensee for cremation, disposition, and other services rendered, and any other contractual provisions as may be required by the bureau.
(b) Of any remains more than 24 hours after delivery of the remains, unless the remains have been preserved in the interim by refrigeration or embalming.
(c) Unless the licensee has a contractual relationship with a licensed cemetery authority for final disposition of cremated human remains by burial, entombment, or inurnment of any and all remains which are not lawfully disposed of or which are not called for or accepted by the person or persons entitled to the custody and control of the disposition thereof within 90 days of the date of death.
(Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7712.7.

7712.7. Every crematory licensee, who prohibits relatives or the responsible party from viewing the cremation process, shall disclose this fact in writing to the person or persons entitled to custody of the remains prior to the signing of any contract.
(Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7712.8.

7712.8. Each crematory licensee shall keep such records as may be required by the bureau to ensure compliance with all laws relating to the disposition of cremated human remains and shall file annually with the bureau, a report in the form prescribed by the bureau, describing the operations of the licensee, including the number of cremations made, the disposition thereof, and any other information as the bureau may, from time to time, require.
(Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7712.9.

7712.9. (a) Every crematory licensee operating a crematory pursuant to a license issued in compliance with this article shall pay an annual regulatory charge for each crematory of seven hundred fifty dollars ($750). In addition to an annual regulatory charge for each crematory, every licensee operating a crematory pursuant to a license issued pursuant to this article shall pay an additional charge of eleven dollars and fifty cents ($11.50) per cremation made during the preceding quarter, which charges shall be deposited in the Cemetery and Funeral Fund.
(b) The fee to assign a crematory license shall be seven hundred fifty dollars ($750), paid by the proposed assignee, and deposited in the Cemetery and Funeral Fund.
(Amended by Stats. 2023, Ch. 206, Sec. 2. (AB 1560) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7712.10.

7712.10. (a) Each crematory for which a crematory license is required shall be operated under the supervision of a manager qualified in accordance with rules adopted by the bureau. Each manager shall be required to successfully pass a written examination evidencing an understanding of the applicable provisions of this code and of the Health and Safety Code.
(b) A person shall not engage in the business of, act in the capacity of, or advertise or assume to act as, a crematory manager without first obtaining a license from the bureau.
(Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7712.11.

7712.11. (a) Each hydrolysis facility for which a hydrolysis facility license is required shall be operated under the supervision of a manager qualified in accordance with rules adopted by the bureau. A licensed crematory manager may be designated as a hydrolysis facility manager with appropriate certification upon demonstrating an understanding of the applicable provisions of this code and of the Health and Safety Code, as determined by the bureau.
(b) A person shall not engage in the business of, act in the capacity of, or advertise or assume to act as, a hydrolysis facility manager without a valid crematory manager license and obtaining a certification from the bureau.
(c) This section shall become operative on July 1, 2020.
(Added by Stats. 2017, Ch. 846, Sec. 25. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7713.

7713. A crematory shall at all times employ a licensed crematory manager to manage, supervise, and direct its operations.
(a) Every crematory shall designate a licensed crematory manager to manage the crematory, and shall report the designation to the bureau within 10 days of the effective date. Any change in the designated manager shall be reported to the bureau within 10 days. Notwithstanding any provision of this chapter to the contrary, licensed crematories within close geographical proximity of each other may request the bureau to allow a licensed crematory manager to manage, supervise, and direct the business or profession of more than one facility.
(b) The designated crematory manager shall be responsible for exercising direct supervision and control over the operations, employees, and agents of the crematory as is necessary to ensure full compliance with the applicable provisions of this code, the Health and Safety Code, and any regulations adopted thereto. Failure of the designated crematory manager or the licensed crematory to exercise that supervision or control shall constitute a ground for disciplinary action.
(c) A crematory may employ, in addition to the designated crematory manager, additional licensed crematory managers. However, only one licensed crematory manager may be appointed as the designated crematory manager of the crematory.
(Amended by Stats. 2017, Ch. 573, Sec. 42. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7713.1.

7713.1. (a) Application for a crematory manager license shall be made in writing on the form provided by the bureau, verified by the applicant and filed at the principal office of the bureau. The application shall be accompanied by the fee fixed by this chapter.
(b) The applicant for a crematory manager license shall be at least 18 years of age, possess a high school diploma or its equivalent, shall not have committed acts or crimes constituting grounds for denial of licensure under Section 480, shall demonstrate compliance with the training and experience requirements established by the bureau, and shall be a resident of this state.
(c) The bureau shall grant a crematory manager license to any applicant who meets the requirements of this chapter and who has successfully passed the crematory manager examination administered by the bureau.
(Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7713.2.

7713.2. (a) A person shall not engage in or conduct, or hold himself or herself out as engaging in or conducting, the activities of a crematory manager without holding a valid, unexpired crematory manager license issued by the bureau.
(b) A licensed crematory manager shall not engage in or conduct, or hold himself or herself out as engaging in or conducting, the activities of a crematory manager without being employed by, or without being a sole proprietor, partner, or corporate officer of, a licensed crematory.
(Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7713.3.

7713.3. It is a misdemeanor for any person, firm, or corporation to cremate human remains or to engage in the disposition thereof without a valid, unexpired crematory license. Each cremation shall be a separate violation.
(Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.5 - Crematories › Section 7713.4.

7713.4. A crematory licensee shall be subject to and shall be disciplined by the bureau in accordance with Article 6 (commencing with Section 7686).
(Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.6 - Reduction Facilities › Section 7714.

7714. A corporation, partnership, or natural person may operate, establish, or maintain a reduction facility with a valid reduction facility license issued by the bureau.
(Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.6 - Reduction Facilities › Section 7714.1.

7714.1. (a) The application for a reduction facility license shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The application shall be accompanied by the fees required pursuant to Article 8 (commencing with Section 7725).
(b) The bureau shall require an applicant for a reduction facility license to prove compliance with all applicable laws, rules, regulations, ordinances, and orders, and shall not issue a reduction facility license until the bureau is satisfied that the public interest, human health, and environmental quality will be served by the applicant.
(c) The applicant for a reduction facility license shall present to the bureau any state or locally required permits for business operations, including, but not limited to, permits required by the local public health department or other state or locally required permits.
(Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.6 - Reduction Facilities › Section 7714.2.

7714.2. A change in the ownership of a reduction facility shall be reported to the bureau. A transfer in a single transaction or related transactions of more than 50 percent of the equitable interest in a reduction facility constitutes a change of ownership. When a change in ownership in a reduction facility occurs, the existing reduction facility license shall lapse and the new owner shall obtain a license from the bureau as required. The bureau shall not require an applicant under this section to obtain a new permit or license from any other governmental agency when the existing permit or license is valid.
(Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.6 - Reduction Facilities › Section 7714.3.

7714.3. (a) The bureau shall adopt, and may amend, rules and regulations prescribing standards for applicants for reduction facility licenses. In reviewing an application for a reduction facility license, the bureau may consider acts of the applicant, including acts of the incorporators, officers, directors, and stockholders of the applicant, that constitute grounds for the denial of a reduction facility license pursuant to Division 1.5 (commencing with Section 475).
(b) (1) The State Department of Public Health shall adopt, and may amend, rules and regulations prescribing the standards for reduction chambers to preserve the public health and safety and to ensure the destruction of pathogenic microorganisms. A reduction chamber manufacturer shall apply to the State Department of Public Health for approval of a reduction chamber for sale and use in the state.
(2) The department, to cover the reasonable regulatory costs of the department, shall charge an application fee for evaluation of a reduction chamber, not to exceed the reasonable regulatory costs of the evaluation, including time that the department spends on processing the application.
(3) A reduction facility and its employees shall not use a reduction chamber unless it has been approved by the State Department of Public Health pursuant to this subdivision.
(c) The bureau shall grant reduction facility licenses only to applicants that will employ a reduction chamber approved by the State Department of Public Health pursuant to subdivision (b).
(d) A reduction facility shall ensure or conduct annual maintenance of all reduction chambers in use by the facility.
(e) The bureau shall not renew a reduction facility license without proof of annual maintenance of all reduction chambers in use by the facility.
(Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.6 - Reduction Facilities › Section 7714.5.

7714.5. It is a misdemeanor for a person, firm, or corporation to reduce human remains, or to dispose of reduced human remains, without a valid, unexpired reduction facility license. Each reduction of human remains carried out in violation of this section is a separate violation.
(Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.6 - Reduction Facilities › Section 7714.6.

7714.6. A reduction facility shall be subject to, and shall be disciplined by, the bureau in accordance with, Article 6 (commencing with Section 7686).
(Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6.6 - Reduction Facilities › Section 7714.7.

7714.7. The licensing requirements of this article shall become operative on January 1, 2027.
(Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 7 - Penal Provisions › Section 7715.

7715. Any person, partnership, association, corporation, or other form of organization, or any agent or representative thereof, who violates any of the provisions of this chapter is guilty of a misdemeanor.
(Amended by Stats. 1998, Ch. 970, Sec. 83. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 7 - Penal Provisions › Section 7716.

7716. Every funeral establishment, funeral director or embalmer, or the agents or representatives thereof, who, after a death or while a death is impending, pays, offers to pay or causes to be paid, directly or indirectly, any sum of money or other valuable consideration for the securing of business is guilty of a misdemeanor.
(Amended by Stats. 1996, Ch. 1151, Sec. 35. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 7 - Penal Provisions › Section 7717.

7717. Every person, who pays or causes to be paid or offers to pay to any funeral establishment, funeral director or embalmer, or to the agent, assistant or employee of either, any commission or bonus or rebate or other thing of value in consideration of the funeral establishment, funeral director or embalmer recommending or causing human remains to be disposed of in any crematory, mausoleum or cemetery, is guilty of a misdemeanor.
(Amended by Stats. 1996, Ch. 1151, Sec. 36. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 7 - Penal Provisions › Section 7717.5.

7717.5. Every person who pays or causes to be paid or offers to pay to any funeral establishment, funeral director or embalmer, or to the agent, assistant or employee of either, any commission or bonus or rebate or other thing of value in consideration of the funeral establishment, funeral director or embalmer recommending or causing the purchase of flowers from any particular florist or dealer in flowers, for use in connection with a funeral service, is guilty of a misdemeanor; provided, that this section shall not apply to a funeral establishment or funeral director who owns or operates a flower shop as a part of his, her or its funeral business, or to his, her or its agents or employees.
(Amended by Stats. 1996, Ch. 1151, Sec. 37. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 7 - Penal Provisions › Section 7718.

7718. Every person who, after a death or while a death is impending, solicits or accepts any sum of money or other valuable consideration, directly or indirectly, from a funeral establishment, funeral director or embalmer, his, her, or its agent or representative, in order that the funeral establishment, funeral director or embalmer might obtain business, is guilty of a misdemeanor.
(Amended by Stats. 1996, Ch. 1151, Sec. 38. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 7 - Penal Provisions › Section 7718.5.

7718.5. Every person as an individual, as a partner in a partnership or as an officer or employee of a corporation, association or other organization, who, without a license, holds himself or herself out as a funeral director, is guilty of a misdemeanor.
(Amended by Stats. 1998, Ch. 970, Sec. 84. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 7 - Penal Provisions › Section 7719.

7719. Every person guilty of a misdemeanor under the provisions of this chapter, shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than six months, or by a fine not exceeding one thousand dollars ($1,000), or by both.
(Amended by Stats. 1983, Ch. 1092, Sec. 29. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7725.

7725. A license issued under this chapter shall expire each year on the last day of the month in which the license was originally issued. To renew an unexpired license, the licenseholder shall on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the bureau, and pay the renewal fee prescribed by this chapter.
The bureau shall mail to each licensed funeral establishment, funeral director, and embalmer, addressed to him or her at his or her address of record, a notice that a renewal fee is due and payable.
(Amended by Stats. 2003, Ch. 874, Sec. 26. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7725.2.

7725.2. Except as otherwise provided in this chapter, a license that has expired may be renewed at any time within five years after its expiration on filing of an application for renewal on a form prescribed by the bureau and payment of all accrued and unpaid renewal fees. If the license is not renewed within 30 days after its expiration the licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 7725 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed.
If a license is not renewed within one year following its expiration, the bureau may require as a condition of renewal that the holder of the license pass an examination on the appropriate subjects provided by this chapter.
(Amended by Stats. 2015, Ch. 395, Sec. 36. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7725.3.

7725.3. A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended.
(Amended by Stats. 1967, Ch. 1338.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7725.4.

7725.4. A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of the license, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated plus the delinquency fee, if any, accrued at the time of its revocation.
(Amended by Stats. 1967, Ch. 1338.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7725.5.

7725.5. A license that is not renewed within five years after its expiration may not be renewed, restored, reissued, or reinstated thereafter. The holder of the expired license may obtain a new license only if the holder pays all of the fees, and meets all of the requirements, other than requirements relating to education, set forth in this chapter for obtaining an original license, except that the bureau may issue a new license to the holder without examination if the holder establishes to the bureau’s satisfaction that, with due regard for the public interest, the holder is qualified to engage in the activity in which the holder again seeks to be licensed. The bureau may, by appropriate regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a license is issued without examination under this section.
The provisions of this section do not apply to certificates of apprenticeship.
(Amended by Stats. 2009, Ch. 307, Sec. 93. (SB 821) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7727.

7727. (a) On or before the 10th day of each month, the department shall pay into the State Treasury and report to the State Controller all the fees received for the bureau. The fees shall be received by the State Treasurer and placed in the Cemetery and Funeral Fund, which fund is available for expenditures necessary for the proper administration of this chapter.
(b) This section shall become operative on July 1, 2016.
(Repealed (in Sec. 37) and added by Stats. 2015, Ch. 395, Sec. 38. (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7729.

7729. The amount of the fees prescribed by this chapter shall be fixed according to the following schedule:
(a) The application fee for a funeral director’s license shall be three hundred eighty dollars ($380).
(b) The application fee for change of location of a funeral establishment’s license shall be four hundred seventy dollars ($470).
(c) The application fee for permission to assign a funeral establishment’s license shall be five hundred sixty dollars ($560).
(d) The license renewal fee payable by a licensed funeral director shall be three hundred eighty dollars ($380). The fee for a delinquent renewal of a funeral director’s license shall be 150 percent of the timely renewal fee.
(e) The application fee for an embalmer’s license and the examination on the state’s laws required under paragraph (2) of subdivision (a) of Section 7646 for the license shall be two hundred eighty dollars ($280).
(f) The renewal fee payable by a licensed embalmer shall be one hundred ninety dollars ($190). The fee for a delinquent renewal of an embalmer’s license shall be 150 percent of the timely renewal fee.
(g) The application fee for a certificate of registration as an apprentice embalmer shall be one hundred twenty dollars ($120).
(h) The fee for an application by a funeral establishment for approval to train apprentice embalmers and for renewal of that approval shall be one hundred ninety dollars ($190).
(i) The application fee for a funeral director’s examination shall be one hundred ninety dollars ($190).
(j) The fee for a timely filing of an individual report or a combined report on preneed trust funds shall be five hundred dollars ($500). The fee for a late filing of any report on preneed trust funds shall be 150 percent of the applicable timely fee.
(k) The application fee for permission to change the name appearing on a funeral establishment’s license shall be three hundred dollars ($300), and for permission to change the name on any other license or certificate, shall be twenty-five dollars ($25).
(l) The application fee for a duplicate funeral director’s license, a duplicate funeral establishment’s license, a duplicate embalmer’s license, or a duplicate certificate of registration as an apprentice embalmer, shall be fifty dollars ($50).
(m) The fee for filing a report of a change of corporate officers, managers, or preneed trust fund trustees shall be fifty dollars ($50).
(n) The application fee for a funeral establishment license shall be seven hundred fifty dollars ($750).
(o) The license renewal fee for a licensed funeral establishment shall be seven hundred fifty dollars ($750). The fee for a delinquent renewal of a funeral establishment license shall be 150 percent of the timely renewal fee.
(Amended by Stats. 2022, Ch. 625, Sec. 47. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7729.1.

7729.1. The amount of fees prescribed for a license or certificate of authority under this act is that fixed by the following provisions of this article. Any license or certificate of authority provided under this act that has expired may be renewed within five years of its expiration upon payment of all accrued and unpaid renewal and regulatory fees.
(Added by Stats. 2015, Ch. 395, Sec. 39. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7729.2.

7729.2. The delinquent renewal fee for a license, registration, or certificate of authority under this chapter shall be 150 percent of the timely fee, but not less than the renewal fee plus twenty-five dollars ($25).
(Added by Stats. 2015, Ch. 395, Sec. 40. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7729.3.

7729.3. The original cemetery broker’s license fee shall be seven hundred fifty dollars ($750).
(Amended by Stats. 2022, Ch. 625, Sec. 48. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7729.4.

7729.4. (a) The original cemetery broker’s license fee is payable at the time of the filing of an application for an original cemetery broker’s license.
(b) If the applicant fails the required written examination, they may be permitted to take another examination upon the filing of an application for reexamination and the payment of a reexamination fee. This reexamination fee shall be one hundred ninety dollars ($190).
(c) No part of any original cemetery broker’s license fee or reexamination fee is refundable. It is deemed earned upon receipt by the bureau, whether the accompanying application for a license is complete or incomplete.
(Amended by Stats. 2022, Ch. 625, Sec. 49. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7729.5.

7729.5. The annual renewal fee for a cemetery broker’s license shall five hundred sixty dollars ($560).
(Amended by Stats. 2022, Ch. 625, Sec. 50. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7729.6.

7729.6. If the licensee is a cemetery brokerage corporation, the license issued to it entitles one officer only, on behalf of the corporation, to engage in the business of a cemetery broker without the payment of a further fee, that officer to be designated in the application of the corporation for a license. For each other officer of a licensed cemetery brokerage corporation, through whom it engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the corporation, shall be one hundred ninety dollars ($190).
(Amended by Stats. 2022, Ch. 625, Sec. 51. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7729.7.

7729.7. If the licensee is a cemetery brokerage copartnership, the license issued to it entitles one member only of the copartnership to engage on behalf of the copartnership in the business of a cemetery broker, which member shall be designated in the application of the copartnership for a license. For each other member of the copartnership who on behalf of the copartnership engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the copartnership, shall be one hundred ninety dollars ($190).
(Amended by Stats. 2022, Ch. 625, Sec. 52. (SB 1443) Effective January 1, 2023.)