reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 5.5 - Citations, Fines and Orders of Abatement › Section 1245 - Informal Office Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Without waiving his, her or its right to contest the citation pursuant to
				subdivision (b)(4) of Business and Professions Code Section
				125.9,
				and Section
				1244 of this code, the cited
				person or entity may, within ten (10) days after service of the citation,
				notify the bureau chief in writing of his, her or its request for an informal
				office conference regarding the violations charged in the citation.
(b) An informal office conference shall be
				held with the cited person or entity or his, her or its legal counsel or
				authorized representative, within thirty (30) days of receipt of the request.
				After conclusion of the informal office conference, the citation may be
				affirmed, modified or dismissed. The cited person or entity shall be notified
				of the actions taken, in writing, within fifteen (15) days of the conclusion of
				the conference, stating the reasons for the actions, the findings, and the
				decision. This written notification shall be served in accordance with the
				provisions of Section
				11505(c)
				of the Government Code. This decision shall be deemed to be a final order with
				regard to the citation issued, including the fine levied and the order of
				abatement.
(c) The person or entity
				cited does not waive his, her or its right to contest the citation pursuant to
				subdivision (b)(4) of Business and Professions Code Section
				125.9,
				and Section
				1245 of this code, by requesting
				an informal office conference after which the citation is affirmed. However, if
				the citation is dismissed after an informal office conference, any request for
				a hearing on the matter shall be deemed to be withdrawn. If the citation,
				including any fine levied or any order of abatement issued, is modified, the
				citation originally issued shall be considered withdrawn and a new citation
				issued. If a hearing is requested for a subsequent citation, it shall be
				requested in accordance with subdivision (b)(4) of Business and Professions
				Code Section
				125.9
				and Section
				1245 of this code.
1. New section
				  filed 11-13-92; operative 12-14-92 (Register 92, No. 46). For prior history,
				  see Register 86, No. 27.
2. Change without regulatory effect
				  amending subsections (a) and (b) and NOTE filed 9-22-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
Note: Authority cited: Sections
					 125.9,
					 125.95,
					 7602,
					 7606
					 and
					 7740,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 125.95,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 5.5 - Citations, Fines and Orders of Abatement › Section 1246 - Citations; Unlicensed Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The bureau is authorized to issue citations containing orders
				  of abatement and assessing administrative fines against unlicensed persons,
				  partnerships, corporations, associations or other organizations who engage in
				  any activity including advertising for which licensure by the bureau is
				  required. The citation may include a fine for such unlicensed activity which
				  may range from one thousand one dollars ($1,001.00) to five thousand dollars
				  ($5,000.00). The provisions of Sections
				  125.9
				  of the Business and Professions Code shall apply to the issuance of citations
				  for unlicensed activity under this section. The sanctions authorized under this
				  section shall be separate from and in addition to any other civil or criminal
				  remedies.
1. New section
				  filed 11-13-92; operative 12-14-92 (Register 92, No. 46).
2. Change
				  without regulatory effect amending section filed 4-15-97 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 97, No. 16).
3. Change without regulatory
				  effect amending section filed 9-22-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
4. Amendment of section and
				  NOTE filed 6-11-2014; operative 10-1-2014 (Register 2014, No.
				  24).
Note: Authority cited: Sections
					 125.9
					 and
					 7606,
					 Business and Professions Code. Reference: Section
					 125.9,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 6 - Procedure Before the Bureau › Section 1248 - Calendar of Cases. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Originally
				  published 12-5-46 (Title 16).
2. Amendment filed 11-4-47 as an
				  emergency (Register 10, No. 2).
3. Repealer filed 7-3-86; effective
				  thirtieth day thereafter (Register 86, No. 27).
4. Change without
				  regulatory effect amending article heading filed 9-22-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 6 - Procedure Before the Bureau › Section 1249 - Hearings to be Public. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 11-14-57; effective thirtieth day thereafter (Register 57, No.
				  20).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 6 - Procedure Before the Bureau › Section 1250 - Reinstatement of Licenses. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Originally
				  published 12-5-46 (Title 16).
2. Amendment filed 11-4-47 (Register
				  10, No. 2).
3. Repealer filed 7-3-86; effective thirtieth day
				  thereafter (Register 86, No. 27).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 6 - Procedure Before the Bureau › Section 1251 - Proof of Law Violation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 7-3-86; effective thirtieth day thereafter (Register 86, No.
				  27).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 6 - Procedure Before the Bureau › Section 1252 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section applies to all licenses, as
				defined in Section
				23.7
				of the Business and Professions Code, that are covered by this division,
				including, but not limited to, licenses for funeral-related or
				embalming-related businesses or professions.
(b) For the purposes of denial, suspension,
				or revocation of a license pursuant to Section
				141,
				7691, or Division 1.5 (commencing
				with Section
				475) of the Business and
				Professions Code, or pursuant to any section of the Cemetery and Funeral Act
				(Chapter 12 (commencing with Section
				7600) of Division 3 of the
				Business and Professions Code) that cites Division 1.5 of the Business and
				Professions Code as providing grounds for denial, suspension, or revocation of
				a license, a crime, professional misconduct, or act shall be considered to be
				substantially related to the qualifications, functions, or duties of the
				practice or profession in which the applicant seeks licensure or in which the
				licensee is licensed if to a substantial degree it evidences present or
				potential unfitness of the applicant or licensee to perform the functions
				authorized by the license in a manner consistent with the public health,
				safety, or welfare.
(c) In making
				the substantial relationship determination required under subdivision (b) for a
				crime, the bureau shall consider the following criteria:
(1) The nature and gravity of the
				offense;
(2) The number of years
				elapsed since the date of the offense; and
(3) The nature and duties of the practice or
				profession in which the applicant seeks licensure or in which the licensee is
				licensed.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 6 - Procedure Before the Bureau › Section 1252.1 - Criteria to Aid in Determining if Felony Financial Crimes Are Directly and Adversely Related to Fiduciary Qualifications, Functions, or Duties of a Funeral Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				For the purposes of Section
				480(a)(1)(B)(v)
				of the Business and Professions Code, a financial crime that is classified as a
				felony, including felony conspiracy or felony attempt to commit that crime,
				shall be considered to be directly and adversely related to the fiduciary
				qualifications, functions, or duties of a funeral director if it involves an
				act of dishonesty, misrepresentation, deceit, fraud, or theft that causes, is
				intended or expected to cause, or could reasonably be expected to cause, a
				direct financial benefit to oneself or another or financial harm to
				another.
(b) For purposes of
				subdivision (a), financial crimes that are directly and adversely related to
				the fiduciary qualifications, functions, or duties of a funeral director shall
				include, but are not limited to, the following:
(1) Crimes under Chapter 4, 6, or 7 of Title
				7 of Part 1 of the Penal Code relating to forging, stealing, mutilating, or
				falsifying judicial or public records or documents; falsifying evidence;
				bribing, influencing, intimidating, or threatening witnesses; or other offenses
				against public justice, if intended or expected to cause, or if the crimes
				could reasonably be expected to cause, a direct financial benefit to oneself or
				another or financial harm to another.
(2) Crimes under Chapters 9 through 10.5,
				inclusive, of Title 7 of Part 1 of the Penal Code relating to criminal
				profiteering, money laundering, fraud, or embezzlement.
(3) Crimes under Chapter 4 of Title 8 of Part
				1 of the Penal Code relating to robbery.
(4) Crimes under Chapters 2 through 10,
				inclusive, of Title 13 of Part 1 of the Penal Code relating to burglary,
				burglarious or larcenous instruments or deadly weapons, forgery or
				counterfeiting, larceny, embezzlement, extortion, false personation or cheats,
				or crimes against insured property or insurers.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 6 - Procedure Before the Bureau › Section 1253 - Rehabilitation Criteria for Denial of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section applies to all licenses, as
				defined in Section
				23.7
				of the Business and Professions Code, that are covered by this division,
				including, but not limited to, licenses for funeral-related or
				embalming-related businesses or professions.
(b) When considering the denial of an
				application for a license under Section
				480,
				7617.1,
				7619,
				7631,
				7643(b),
				7662(b),
				or
				7708
				of the Business and Professions Code on the ground that the applicant has been
				convicted of a crime, the bureau shall consider whether the applicant made a
				showing of rehabilitation, if the applicant completed the criminal sentence at
				issue without a violation of parole or probation. In making this determination,
				the bureau shall consider the following criteria:
(1) The nature and gravity of the crime(s) or
				act(s).
(2) The length(s) of the
				applicable parole or probation period(s).
(3) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified.
(4) The terms or
				conditions of parole or probation and the extent to which they bear on the
				applicant's rehabilitation.
(5) The
				extent to which the terms or conditions of parole or probation were modified,
				and the reason(s) for modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 6 - Procedure Before the Bureau › Section 1253.5 - Rehabilitation Criteria for Suspension, Revocation, or Reinstatement of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Application of section.
This section applies to all licenses, as defined in Section
				  23.7
				  of the Business and Professions Code, that are covered by this division,
				  including, but not limited to, licenses for funeral-related or
				  embalming-related businesses or professions.
(b) Suspension or revocation of a license.
(1) When considering the suspension or
				revocation of a license on the ground that a licensee has been convicted of a
				crime, the bureau shall consider whether the licensee made a showing of
				rehabilitation, if the licensee completed the criminal sentence at issue
				without a violation of parole or probation. In making this determination, the
				bureau shall consider the following criteria:
(A) The nature and gravity of the crime(s) or
				act(s).
(B) The length(s) of the
				applicable parole or probation period(s).
(C) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified.
(D) The terms or
				conditions of parole or probation and the extent to which they bear on the
				licensee's rehabilitation.
(E) The
				extent to which the terms or conditions of parole or probation were modified,
				and the reason(s) for modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 6 - Procedure Before the Bureau › Section 1253.6 - Disciplinary Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on a disciplinary action under the
				  Administrative Procedure Act (Government Code Section
				  11400 et.
				  seq.), the bureau shall consider the disciplinary guidelines entitled "A Manual
				  of Disciplinary Guidelines for Funeral Establishments, Funeral Directors,
				  Embalmers, and Apprentice Embalmers (September 1997)" which are hereby
				  incorporated by reference. Deviation from these guidelines and orders,
				  including the standard terms of probation, is appropriate where the bureau in
				  its sole discretion determines that the facts of the particular case warrant
				  such a deviation--for example, the presence of mitigating factors; the age of
				  the case; evidentiary problems.
1. New section
				  filed 7-20-98; operative 8-19-98 (Register 98, No. 30).
2. Change
				  without regulatory effect amending section filed 9-22-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code; and Section
					 11400.20,
					 Government Code. Reference: Sections
					 11400.20
					 and
					 11425.50(e),
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 7 - Miscellaneous › Section 1254 - Abandonment of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an applicant for licensure as an embalmer or funeral
				  director fails to take a required examination within one (1) year after being
				  notified of eligibility, the application for licensure and/or examination shall
				  be considered to have been abandoned. An application subsequent to the
				  abandonment of a previous application shall be considered a new application and
				  must be accompanied by the required fee.
If an applicant for licensure as an embalmer or funeral
				  director who has taken and passed an examination after January 1, 1997, fails
				  to apply for licensure within twelve (12) months of passing the examination,
				  the application and examination results shall be considered to have been
				  abandoned. An application subsequent to the abandonment of a previous
				  application and/or examination shall be considered a new application and must
				  be accompanied by the required fees. Apprentice Embalmers are exempt from this
				  provision pursuant to Section
				  7664
				  of the Business and Professions Code.
1. Repealer of
				  former Section
				  1254, and renumbering and
				  amendment of former Section
				  1245 to Section
				  1254 filed 7-3-86; effective
				  thirtieth day thereafter (Register 86, No. 27). For prior history, see Register
				  65, No. 24. and 7740, Business and Professions Code.
2. New second
				  paragraph filed 10-31-97; operative 11-30-97 (Register 97, No.
				  44).
3. Change without regulatory effect amending section filed
				  9-22-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 7620,
					 7622,
					 7642
					 and
					 7646,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 7 - Miscellaneous › Section 1255 - Posting Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A placard upon which section
				  1221 of these rules shall be
				  printed must be fastened to the outside of all doors leading directly into the
				  preparation, embalming, storage rooms, and refrigeration facilities in every
				  funeral establishment.
1. Amendment
				  of section and new NOTE filed 10-31-97; operative 11-30-97 (Register 97, No.
				  44).
2. Amendment filed 11-25-2015; operative 1-1-2016 (Register
				  2015, No. 48).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 7606,
					 7615,
					 7616,
					 7640,
					 7641,
					 7704
					 and
					 7707,
					 Business and Professions Code; and Section
					 7100,
					 Health and Safety Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 7 - Miscellaneous › Section 1256 - Failure to Comply with Section 1255

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any licensed funeral establishment or licensed funeral
				  director failing to comply with the provisions of Section
				  1255 shall be subject to
				  disciplinary action by the bureau.
1. Amendment
				  of section and new NOTE filed 10-31-97; operative 11-30-97 (Register 97, No.
				  44).
2. Change without regulatory effect amending section filed
				  9-22-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 7704
					 and
					 7707,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 7 - Miscellaneous › Section 1257 - Schedule of Fees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-2-75; effective thirtieth day thereafter (Register 75, No. 49). For
				  former history, see Register 69, No. 6.
2. Repealer and new section
				  filed 12-19-91; operative 12-19-91 (Register 92, No. 11).
3.
				  Amendment filed 12-30-96 as an emergency; operative 1-1-97 (Register 97, No.
				  1). A Certificate of Compliance must be transmitted to OAL by 5-1-97 or
				  emergency language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 12-30-96 order, including
				  additional amendment of subsections (l) and (o), transmitted to OAL 4-25-97 and
				  filed 6-5-97 (Register 97, No. 23).
5. Change without regulatory
				  effect repealing section filed 2-2-2023 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2023, No. 5).
Note: Authority cited: Sections
					 7606
					 and
					 7729,
					 Business and Professions Code. Reference: Sections
					 7618,
					 7622.5,
					 7628,
					 7630,
					 7642,
					 7661,
					 7670,
					 7725,
					 7725.2,
					 7725.5,
					 7729
					 and
					 7740.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 7 - Miscellaneous › Section 1258 - Notice Regarding Casket Disclaimer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following statement shall be placed
				in uppercase 8-point boldface type or larger, at the beginning of the written
				statement or list which identifies a particular casket or caskets by price
				required by Business and Professions Code section
				7685:
"THERE IS NO EVIDENCE THAT ANY CASKET REPRESENTED AS HAVING
				  PROTECTIVE FEATURES, WHICH MAY INCLUDE A GASKET, WILL PRESERVE HUMAN
				  REMAINS."
(b) The written
				statement or list must identify all caskets having or represented as having a
				gasket of any kind.
1. New section
				  filed 2-15-80; effective thirtieth day thereafter (Register 80, No.
				  7).
2. Designation and amendment of subsection (a) and new
				  subsections (b)-(c) filed 7-10-95; operative 8-9-95 (Register 95, No.
				  28).
3. Amendment of subsection (a) filed 10-31-97; operative
				  11-30-97 (Register 97, No. 44).
4. Amendment of section heading and
				  section filed 11-25-2015; operative 1-1-2016 (Register 2015, No.
				  48).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Section
					 7606,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 7 - Miscellaneous › Section 1258.1 - Casket Price Lists, Price Tags, Price Ranges and Display

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of Business and
				Professions Code section
				7685
				and this section, the term "provide" shall mean to give for retention to
				persons who inquire in person about funeral arrangements or the prices of
				funeral goods or services.
(b) For
				the purposes of Business and Professions Code sections
				7685
				and
				7685.1(a),
				casket descriptions shall be sufficiently descriptive so as to provide a
				reasonably accurate impression of the casket including its color. The color may
				be expressed in either the manufacturer's color or generic color.
(c) The statement regarding the price range
				for all caskets offered for sale, required pursuant to Business and Professions
				Code section
				7685,
				shall:
(1) Differentiate between the price
				range for all caskets regularly offered for sale, and the price range for all
				alternative containers regularly offered for sale.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 7 - Miscellaneous › Section 1258.2 - Rental Caskets

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				a funeral establishment offers a specially designed device used to conceal an
				insert containing human remains, for purposes of viewing and/or funeral or
				other ceremony, which gives the outward appearance of being a casket, it shall
				be referred to as a "rental" casket. No part of a rental casket, including its
				lining, shall come into contact with any human remains placed therein or placed
				within a rental casket insert placed therein, unless that part or lining is
				disposed of with the insert and human remains.
(b) A rental casket insert is an enclosure
				without ornamentation which has an interior lining and which is designed for
				the encasement of human remains for burial, cremation, or transit.
(c) A new rental casket insert shall be used
				for each human remains displayed in a rental casket.
(d) No rental casket shall be used or reused
				after it has been soiled, stained or otherwise contaminated by or from any
				human remains placed therein or placed within a rental casket insert placed
				therein.
(e) The provisions of
				Business and Professions Code section
				7702
				shall not be applicable to rental caskets, as described and defined in
				subsection (a) of this section.
(f)
				All rental caskets shall be included on the casket price list required by
				Business and Professions Code section
				7685
				and shall be displayed in the funeral establishment casket selection room or
				displayed photographically. When a rental casket is used, it shall appear on
				the contract for funeral goods or services.
1. New section
				  filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
2. Amendment
				  filed 11-25-2015; operative 1-1-2016 (Register 2015, No.
				  48).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 7606
					 and
					 7702,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 7 - Miscellaneous › Section 1258.3 - Cemetery and Funeral Bureau Notification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
2. Amendment
				  of first paragraph and repealer of second paragraph filed 10-31-97; operative
				  11-30-97 (Register 97, No. 44).
3. Change without regulatory effect
				  amending section heading filed 9-22-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
4. Repealer filed 11-25-2015;
				  operative 1-1-2016 (Register 2015, No. 48).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Section
					 7606,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 7 - Miscellaneous › Section 1258.4 - Statement of Disclosure of Preneed Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The statement on the general price list required by Business
				  and Professions Code section
				  7685(a)(2)
				  shall be made on the first page of the list, and shall be separate and apart
				  from any other information on the list, and shall state:
"Prior to drafting any contract for goods or services, the
				  responsible party or the decedent's survivor who is handling the funeral
				  arrangements is entitled to receive a copy of any preneed agreement in the
				  possession of the funeral establishment that has been signed and paid for, in
				  full or in part, by or on behalf of the decedent."
1. New section
				  filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
2.
				  Amendment of first paragraph filed 11-25-2015; operative 1-1-2016 (Register
				  2015, No. 48).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 7606,
					 7685
					 and
					 7745,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 7 - Miscellaneous › Section 1259 - License Expiration and Renewal Dates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On and after January 1, 1992, all
				renewable licenses issued under Chapter 12 of Division 3 of the Business and
				Professions Code, shall expire annually on the last day of the month in which
				the license was originally issued, if not renewed.
(b) Any licensee who has renewed a license
				for the 1991 license year shall be required to renew that license for not less
				than seven (7) months nor more than eighteen (18) months based on its next
				expiration date under subsection (a). For the purpose of license renewal under
				this subsection, the applicable renewal fee shall be prorated on a monthly
				basis and one twelfth of the applicable fee shall be payable for each month or
				any portion of a month.
1. New section
				  filed 9-66-66; effective thirthieth day thereafter (Register 66, No.
				  31).
2. Repealer filed 2-5-69; effective thirthieth day thereafter
				  (Register 69, No. 6).
3. New section filed 12-19-91; operative
				  12-19-91 pursuant to Government Code section
				  11346.2(d)
				  (Register 92, No. 11).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 152.6,
					 7606,
					 7725,
					 7725.2,
					 7725.3,
					 7725.4,
					 7725.5
					 and
					 7729,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 8 - Preneed Funds and Disclosure of Preneed Agreements › Section 1261 - Exempt Preneed Arrangements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A pre-need arrangement, contract or plan subject to the
				  provisions of Business and Professions Code Division 3, Chapter 12, Article 9
				  (the Short Act) does not include an arrangement wherein:
(a) The funeral establishment's client
				directly deposits his or her own money in a bank or savings institution trust
				account in the name of the client as trustee for the funeral establishment,
				provided that, until death, the client retains the exclusive power to hold,
				manage, pledge, and invest the funds in the account and may revoke the
				tentative trust and withdraw the funds, in whole or in part, at any time;
				and
(b) There is no delivery
				whatsoever to the funeral establishment of money to pay for the services or
				merchandise, until such services or merchandise have been provided.
Delivery of money to a funeral establishment within the
				  meaning of this rule and Business and Professions Code Section
				  7735
				  includes direct or indirect delivery to the funeral establishment, or to any of
				  the funeral establishment's agents or employees.
1. New NOTE
				  filed 6-17-77; effective thirtieth day thereafter (Register 77, No. 25). For
				  prior history, see Register 77, No. 9.
2. Amendment filed 7-3-86;
				  effective thirtieth day thereafter (Register 86, No. 27).
3. Change
				  without regulatory effect amending article heading, section heading and section
				  filed 4-15-97 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 97, No. 16).
4. Amendment of article heading
				  filed 5-13-2004; operative 6-12-2004 (Register 2004, No.
				  20).
Note: Authority cited: Sections
					 7606
					 and
					 7740,
					 Business and Professions Code. Reference: Sections
					 7735
					 and
					 7740,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 8 - Preneed Funds and Disclosure of Preneed Agreements › Section 1262 - Delivery of Merchandise

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Delivery of merchandise within the meaning of Business and Professions Code
				Section
				7741
				shall mean actual personal delivery to a purchaser, trustor or beneficiary of
				funeral merchandise that is used or is intended to be used in connection with a
				preneed arrangement or any agreement collateral thereto. Any payment or
				payments received for funeral merchandise, where actual personal delivery of
				that merchandise will be delayed, shall be held in a trust as provided in
				Business and Professions Code, Division 3, Chapter 12, Article 9, until that
				merchandise is actually and personally delivered to, and is in the immediate
				possession of, the purchaser.
(b)
				Neither the delivery of a warehouse receipt, nor any other form of constructive
				delivery shall constitute delivery of funeral merchandise within the meaning of
				Section 7741.
(c) Funeral merchandise includes, but is not
				limited to, caskets, alternative containers, clothing, printed materials and
				any other merchandise usually sold by a funeral establishment for use in
				connection with the funeral or preparation for disposition of human
				remains.
1. Amendment
				  and renumbering as Section
				  1270 and new section filed
				  2-25-72; effective thirtieth day thereafter (Register 72, No. 9).
2.
				  Repealer filed 7-3-86; effective thirtieth day thereafter (Register 86, No.
				  27).
3. New section filed 7-10-95; operative 8-9-95 (Register 95,
				  No. 28).
4. Change without regulatory effect amending subsection (c)
				  filed 4-15-97 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 97, No. 16).
Note: Authority cited: Sections
					 7606
					 and
					 7740,
					 Business and Professions Code. Reference: Sections
					 7606,
					 7735,
					 7740
					 and
					 7741,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 8 - Preneed Funds and Disclosure of Preneed Agreements › Section 1263 - Investment of Funds Allowable

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The trust funds shall be invested and
				reinvested, and kept invested in:
(1) Bonds
				of or securities guaranteed by the United States or an Agency thereof or this
				State, or of any County, City, or City and County in this State.
(2) Bonds which are legal investments for
				commercial banks in this State.
(3)
				Certificates of deposit or other interest-bearing accounts in any bank in this
				State insured by the Federal Deposit Insurance Corporation.
(4) Investment certificates or shares in any
				state or federally chartered savings institution insured by the Federal Savings
				and Loan Insurance Corporation.
(5)
				Investments of the type and in the manner as provided in Section
				15001 et. seq. of the Probate
				Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 8 - Preneed Funds and Disclosure of Preneed Agreements › Section 1264 - Termination of the Trust

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All written requests for revocation, by the trustor, of a
				  trust shall be honored within fifteen (15) days of receipt
				  thereof.
1. Amendment
				  and renumbering as Section
				  1272 and new section filed
				  2-25-72; effective thirtieth day thereafter (Register 72, No. 9).
2.
				  Amendment filed 6-17-77; effective thirtieth day thereafter (Register 77, No.
				  25).
3. Amendment filed 4-3-86; effective thirtieth day thereafter
				  (Register 86, No. 27).
Note: Authority cited: Sections
					 7606
					 and
					 7740,
					 Business and Professions Code. Reference: Sections
					 7735
					 and
					 7737,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 8 - Preneed Funds and Disclosure of Preneed Agreements › Section 1265 - Use of Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The annual fee for administering a trust, as provided in
				  Business and Professions Code, Division 3, Chapter 12, Article 9, Section
				  7735, may be recovered by
				  withdrawals from current trust income, but total withdrawals in any year shall
				  not exceed four percent (4%) of the trust balance on December 31 of that year,
				  or on the cancellation or maturity date during that year, of all payments
				  deposited into trust, plus all prior years accumulated income. Any remaining
				  current income shall be accumulated in trust.
1. Amendment
				  and renumbering as Section
				  1267 and new section filed
				  2-25-72; effective thirtieth day thereafter (Register 72, No. 9).
2.
				  Amendment filed 6-17-77; effective thirtieth day thereafter (Register 77, No.
				  25).
3. Amendment filed 10-5-81; effective thirtieth day thereafter
				  (Register 81, No. 41).
4. Amendment filed 1-12-90; operative 2-11-90
				  (Register 90, No. 3).
Note: Authority cited: Sections
					 7606
					 and
					 7740,
					 Business and Professions Code. Reference: Sections
					 7735
					 and
					 7740,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 8 - Preneed Funds and Disclosure of Preneed Agreements › Section 1266 - Use of Income upon Revocation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-25-72; effective thirtieth day thereafter (Register 72, No.
				  9).
2. Repealer filed 7-3-86; effective thirtieth day thereafter
				  (Register 86, No. 27).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 8 - Preneed Funds and Disclosure of Preneed Agreements › Section 1267.1 - Funeral Establishments Intending to Cease Business Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A funeral
				establishment intending to cease engaging in business operations and transfer
				its preneed funeral agreements to a licensed successor funeral establishment
				under Sections
				7737 and
				7737.1 of the Code shall do all of
				the following:
(1) At least 60 days prior to
				the cessation of operations, provide each beneficiary, trustor, or legal
				representative of the beneficiaries or trustors of each of the establishment's
				preneed agreements, and each trustee holding the preneed funeral trusts
				associated with each preneed funeral agreement ("consumers") a written notice
				that their preneed funeral agreements will be transferred to the licensed
				successor funeral establishment using the form 12-PASFD (New 1/23) required by
				subdivision (c) of Section
				1274,
(2) Prior to the cessation of business
				operations, provide the bureau with a copy of the notice provided to consumers
				specified in subsection (a)(1) and a list of all preneed funeral agreements
				transferred to the licensed successor funeral establishment; and,
(3) Prior to the cessation of business
				operations, provide the licensed successor funeral establishment with a copy of
				the notice to consumers specified in subsection (a)(1) and proof that the
				notice was provided to the consumers as specified in this
				section.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 8 - Preneed Funds and Disclosure of Preneed Agreements › Section 1268 - Commingling of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No pre-need trust funds shall be mingled or commingled with
				  the funds of any other person, firm, or corporation; except that, for the
				  purpose of investment pursuant to Division 3, Chapter 12, Article 9 of the
				  Business and Professions Code and the provisions of this Article, all preneed
				  funeral trust funds received and held by a single trustee or a single set of
				  trustees, may be commingled for investment purposes.
If the bureau finds that such funds have been invested in
				  violation of this Article, it shall, by written order mailed to the person or
				  persons in charge of such funds, require the reinvestment of such funds in
				  conformity to this Article within ninety (90) days from the date of such order;
				  provided, however, that such period may be extended by the bureau at its
				  discretion.
In the enforcement of its order, the bureau is authorized to
				  bring such action as may be necessary to enforce the provisions of law subject
				  to its jurisdiction.
1. Amendment
				  and renumbering of former Section
				  1265 filed 2-25-72; effective
				  thirtieth day thereafter (Register 72, No. 9).
2. Amendment filed
				  7-3-86; effective thirtieth day thereafter (Register 86, No. 27).
3.
				  Change without regulatory effect amending section filed 9-22-2011 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
Note: Authority cited: Sections
					 7606
					 and
					 7740,
					 Business and Professions Code. Reference: Sections
					 7735
					 and
					 7740,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 8 - Preneed Funds and Disclosure of Preneed Agreements › Section 1270 - Requirements of Pre-Need Fund Report to Board. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  and renumbering from former Section
				  1262 filed 2-25-72; effective
				  thirtieth day thereafter (Register 72, No. 9).
2. Repealer filed
				  7-3-86; effective thirtieth day thereafter (Register 86, No.
				  27).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 8 - Preneed Funds and Disclosure of Preneed Agreements › Section 1271 - Reporting of Trustees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The reports provided for in Section
				  1269 of this Article shall state
				  the name and address of each of the trustees. Any change of trustees shall be
				  reported to the bureau within thirty (30) days after the effective date thereof
				  and shall be accompanied by the appropriate fee.
NOTE: Specific reference: Sections
				  7736
				  and
				  7740.5,
				  Business and Professions Code.
1. Amendment
				  and renumbering from former Section
				  1263 filed 2-25-72; effective
				  thirtieth day thereafter (Register 72, No. 9).
2. Amendment filed
				  6-17-77; effective thirtieth day thereafter (Register 77, No.
				  25).
3. Change without regulatory effect amending section filed
				  9-22-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 8 - Preneed Funds and Disclosure of Preneed Agreements › Section 1272 - Failure to File Required Pre-Need with Board. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
				  from former Section
				  1264 filed 2-25-72; effective
				  thirtieth day thereafter (Register 72, No. 9).
2. Repealer filed
				  7-3-86; effective thirtieth day thereafter (Register 86, No.
				  27).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 8 - Preneed Funds and Disclosure of Preneed Agreements › Section 1273 - Application to Licensed Funeral Directors Also Licensed as a Cemetery Authority. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-25-72; effective thirtieth day thereafter (Register 72, No.
				  9).
2. Repealer filed 7-3-86; effective thirtieth day thereafter
				  (Register 86, No. 27).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 8 - Preneed Funds and Disclosure of Preneed Agreements › Section 1274 - Inability to Perform

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If,
				for any reason, a licensed funeral establishment or licensed funeral director
				is unable to perform the funeral services prior to or upon the death of the
				beneficiary of a preneed trust agreement, then the trustees shall pay all trust
				corpus and net income to the beneficiary, trustor, or the legal representative
				of either the beneficiary or trustor without the imposition of any revocation
				charge.
(b) If a funeral
				establishment intends to cease engaging in business operations by reason of
				dissolution, closure, sale, or revocation, without a transfer of preneed
				funeral agreements to a licensed successor funeral establishment, it shall
				complete bureau form 12-PACE (New 1/23), Notice of Cancellation of Preneed
				Funeral Contract or Agreement, which is hereby incorporated by reference and
				provide the completed form to each consumer as set forth in Section
				1267.1(b) by
				regular mail to the last known address provided by the consumer to the funeral
				establishment.
(c) If a funeral
				establishment intends to cease engaging in business operations by reason of
				dissolution, closure, sale, or revocation, and the preneed agreements are being
				transferred to a licensed successor funeral establishment, it shall complete
				bureau form 12-PASFD (New 1/23), Notice of Transfer of Preneed Contract or
				Agreement to Successor Funeral Establishment, which is hereby incorporated by
				reference, and provide the completed form to each consumer set forth in Section
				1267.1(a)(1) by
				regular mail to the last known address provided by the consumer to the funeral
				establishment.
1. Renumbering
				  from Section
				  1267 filed 2-25-72; effective
				  thirtieth day thereafter (Register 72, No. 9).
2. Repealer and new
				  section filed 6-17-77; effective thirtieth day thereafter (Register 77, No.
				  25).
3. Amendment filed 7-3-86; effective thirtieth day thereafter
				  (Register 86, No. 27).
4. Amendment filed 10-31-97; operative
				  11-30-97 (Register 97, No. 44).
5. Amendment of section and NOTE
				  filed 2-9-2023; operative 2-9-2023 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2023, No. 6).
Note: Authority cited: Sections
					 7606
					 and
					 7740,
					 Business and Professions Code. Reference: Sections
					 7737,
					 7737.1,
					 7737.2
					 and
					 7740,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 8 - Preneed Funds and Disclosure of Preneed Agreements › Section 1275 - Requirements of Preneed Trust Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A preneed trust contract within the meaning of Article 9,
				  Chapter 12, Division 3, of the Business and Professions Code shall include but
				  not be limited to the following information:
(a) The name and address of the
				trustor.
(b) The name and address
				of the beneficiary.
(c) The names
				and addresses of the trustees.
(d)
				The name, address, and phone number of the funeral establishment.
(e) A sequential number which shall be
				continuous and in order of issue.
(f) A copy of the completed funeral
				arrangements forms including, but not limited to, the following:
(1) A description of the merchandise and
				services selected which is sufficiently detailed to identify them;
				and
(2) Any disclosure of prices or
				itemization of services or merchandise, which is required to be provided
				pursuant to State or Federal law, rule, or regulation then in
				effect.