reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 1 - General Provisions › Section 1201 - Tenses, Gender, and Number. [Repealed]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 1 - General Provisions › Section 1202 - Delegation of Certain Functions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The power and discretion conferred by law upon the bureau to
				  receive and file accusations; issue notices of hearing, statements to
				  respondent and statements of issues; receive and file notices of defense;
				  determine the time and place of hearings under Section
				  11508 of
				  the Government Code; issue subpoenas and subpoenas duces tecum; set and
				  calendar cases for hearing and perform other functions necessary to the
				  business-like dispatch of the business of the bureau in connection with
				  proceedings under the provisions of Sections
				  11500
				  through
				  11528 of
				  the Government Code, prior to the hearing of such proceedings; and the
				  certification and delivery or mailing of copies of decisions under Section
				  11518 of said code are hereby
				  delegated to and conferred upon the bureau chief.
1. Amendment
				  filed 7-3-86; effective thirtieth day thereafter (Register 86, No.
				  27).
2. Change without regulatory effect amending section and NOTE
				  filed 9-22-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
Note: Authority cited: Sections
					 7602
					 and
					 7606,
					 Business and Professions Code. Reference: Sections
					 7602
					 and
					 7606,
					 Business and Professions Code; and Section
					 11500 et seq., Government
					 Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 1 - General Provisions › Section 1203 - Filing of Addresses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each person holding a certificate of registration, license,
				  permit or any other authority to practice or engage in any activity in the
				  State of California under any and all laws administered by the bureau shall
				  file his or her proper and current mailing address with the bureau at its
				  office in Sacramento and shall immediately notify the bureau at its said office
				  of any and all changes of mailing address, giving both his or her old and his
				  or her new address.
1. Change
				  without regulatory effect amending section and adding NOTE 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: Section
					 7606,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 1.5 - Funeral Director › Section 1204 - Management of Funeral Establishment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person, association, partnership,
				corporation or other organization licensed and conducting business as a funeral
				establishment shall designate a licensed funeral director to manage the
				establishment, and shall report the designation to the bureau within ten (10)
				days of the effective date of the designation.
(b) The designated managing licensed funeral
				director of a licensed funeral establishment shall be responsible for
				exercising such direct supervision and control over the conduct of said funeral
				establishment as is necessary to ensure full compliance with the Funeral
				Directors and Embalmers Law, the provisions of this chapter and the applicable
				provisions of the Health and Safety Code. Failure of the designated managing
				licensed funeral director and/or the licensed funeral establishment to exercise
				such supervision or control, or failure of the holder of the funeral
				establishment license to make such designation shall constitute a ground for
				disciplinary action.
(c) A licensed
				funeral establishment may, upon approval by the bureau, designate a licensed
				funeral director to manage more than one (1) facility under the following
				conditions:
(1) the licensed funeral
				establishments are under common ownership, and;
(2) the common owners have designated one (1)
				funeral establishment as the main office. The main office is defined as a
				designated location registered with the bureau where the principals of the
				funeral establishment can be contacted, and;
(3) the remaining establishment must be
				within a sixty (60) mile radius of the main office, and;
(4) the licensed funeral establishments
				requesting permission from the bureau to use one (1) designated managing
				licensed funeral director, must make a written request, on a form 21F-12 (4/93)
				provided by the bureau. An inspection shall be scheduled and completed to
				ensure that the conditions set forth in this section have been
				satisfied.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 1.5 - Funeral Director › Section 1205 - Review of Funeral Director License Applications; Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The bureau
				shall inform an applicant for a funeral director license, in writing, within
				seven (7) days of receipt whether the application is complete and acceptable
				for filing or is deficient and what specific information is required to
				complete the application.
(b) The
				bureau shall make a decision within sixty (60) days after the date the
				application is deemed to be completed whether the applicant meets the
				requirements for licensure. "Completion of an application" means that a
				completed application form together with all required information,
				documentation and fees has been filed by the applicant.
(c) The minimum, median and maximum
				processing times for an application for a funeral director license from the
				date of acceptance and filing of the initial application until the bureau makes
				a final decision on the application are:
(1)
				Minimum--one (1) day.
(2)
				Median--ten (10) days.
(3)
				Maximum--sixty (60) days.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 2 - Funeral Establishments › Section 1208 - Application for Funeral Establishment License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within ten (10) days after the receipt of an application for
				  a funeral establishment license, notice of such filing shall be sent to such
				  persons and organizations as the bureau chief may deem expedient, located at or
				  near the place where such applicant proposes to engage in business as a funeral
				  establishment, and to such other persons or organizations that may request such
				  information.
1. Originally
				  published 12-5-46 (Title 16).
2. Amendment filed 11-4-47 as an
				  emergency (Register 10, No. 2).
3. Amendment filed 7-3-86; effective
				  thirtieth day thereafter (Register 86, No. 27).
4. Change without
				  regulatory effect amending article heading filed 4-15-97 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 97, No. 16).
5. Amendment of section heading,
				  section and NOTE filed 10-31-97; operative 11-30-97 (Register 97, No.
				  44).
6. Change without regulatory effect amending section and NOTE
				  filed 9-22-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
Note: Authority cited: Sections
					 7602
					 and
					 7606,
					 Business and Professions Code. Reference: Sections
					 7602,
					 7617,
					 7617.1,
					 7619.3
					 and
					 7621,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 2 - Funeral Establishments › Section 1208.1 - Review of Funeral Establishment License Applications; Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The bureau
				shall inform an applicant for licensure as a funeral establishment, in writing,
				within ten (10) days whether the application is complete and accepted for
				filing or is deficient and what specific information is required to complete
				the application.
(b) The bureau
				shall make a decision within ninety (90) days after the date the application is
				deemed to be completed whether the applicant meets the requirements for
				licensure. "Completion of an application" means that a completed application
				form, together with all required information, documentation and fees, has been
				filed by the applicant. This period may be extended if the applicants' proposed
				facility is not ready for or fails to pass any required inspection.
(c) The minimum, median and maximum
				processing times for an application for licensure as a funeral establishment
				from the date of acceptance and filing of the initial application until the
				bureau makes a final decision on the application are:
(1) minimum--forty (40) days.
(2) median--seventy (70) days.
(3) maximum--ninety (90)
				days.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 2 - Funeral Establishments › Section 1209 - Hearses and First-Call or Pickup Cars

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All hearses and first-call or pickup cars under the control
				  and operation of the funeral establishment and the equipment therein shall be
				  kept clean and sanitary and free from noxious or deleterious odors at all
				  times. Such vehicles shall be cleansed with a suitable and effective
				  disinfectant, immediately after being used to transport human remains dead of
				  any contagious disease, or as soon thereafter as practical, so as not to
				  endanger the public health or safety.
1. Amendment
				  filed 7-3-86; effective thirtieth day thereafter (Register 86, No.
				  27).
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. 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: Sections
					 7606
					 and
					 7707,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 2 - Funeral Establishments › Section 1210 - Funeral Establishment License, Possession of

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The certificate of licensure shall remain the property of the
				  State of California, in possession of the licensee only so long as he/she or it
				  exercises the license at the location specified in the license, and said
				  certificate shall be surrendered to the bureau upon change of address, change
				  of name, assignment or upon discontinuance of business at the specified
				  address. This rule shall not prevent a licensed funeral director from
				  conducting a funeral in another licensed establishment, nor shall it prevent a
				  licensed funeral director from conducting a funeral at a church, cemetery,
				  home, public hall, lodge room, or other suitable place.
1. Amendment
				  filed 7-3-86; effective thirtieth day thereafter (Register 86, No.
				  27).
2. Change without regulatory effect amending section heading
				  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).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 7617,
					 7620,
					 7624,
					 7625
					 and
					 7628,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 2 - Funeral Establishments › Section 1211 - Name of Funeral Establishment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A funeral establishment shall include its
				name and license number, exactly as shown by the bureau's records, and city or
				community where located in all television and print advertisements, including
				but not limited to telephone and other directory listings, television,
				newspaper and magazine advertisements.
(b) Each applicant for a funeral
				establishment license shall select one (1) specific trade name under which the
				license is to be issued and held. Such trade name may not include "also known
				as" ("aka") designations, but must be a word or group of words combined to form
				one specific trade name.
(c) A
				funeral establishment shall not operate under a name utilizing an "also known
				as" ("aka") designation, or which bears two (2) or more separate and distinct
				name styles.
1. Amendment
				  filed 11-14-57; effective thirtieth day thereafter (Register 57, No.
				  20).
2. Amendment filed 12-2-75; effective thirtieth day thereafter
				  (Register 75, No. 49).
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. Change
				  without regulatory effect amending subsections (a)-(b) 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: Section
					 7629,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 2 - Funeral Establishments › Section 1212 - Manager of Funeral Establishment. [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).
2. Amendment filed 7-3-86; effective thirtieth day thereafter
				  (Register 86, No. 27).
3. Repealer filed 10-31-97; operative
				  11-30-97 (Register 97, No. 44).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 7606,
					 7618,
					 7619,
					 7620,
					 7621,
					 and
					 7622,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 2 - Funeral Establishments › Section 1213 - Change in Corporate Officers, Designated Managing Funeral Director, or Ownership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Where there is a change in the corporate officers or the designated managing
				licensed funeral director of a funeral establishment, such change, including
				the names and titles of the new corporate officers or the name of the new
				designated managing licensed funeral director, shall be reported to the bureau,
				in writing, within ten (10) days of such change on the form NC1 (12/93)
				prescribed by the bureau accompanied by the fee fixed by this
				division.
(b) Any transfer, in a
				single transaction or in a related series of transactions, of more than fifty
				percent (50%) of the equitable interest in the ownership of a licensed funeral
				establishment shall constitute a change of ownership and shall require
				assignment of the funeral establishment license, subject to the provisions of
				Section 7630, Division 3, Chapter 12,
				Article 2 of the Business and Professions Code. Such proposed change shall be
				reported to the bureau no later than thirty (30) days prior to the effective
				date thereof, however, no public notice shall be given by the bureau until
				after the effective date of the transaction.
1. New section
				  filed 12-2-75; effective thirtieth day thereafter (Register 75, No.
				  49).
2. Amendment filed 7-3-86; effective thirtieth day thereafter
				  (Register 86, No. 27).
3. Amendment of section heading and section
				  filed 10-31-97; operative 11-30-97 (Register 97, No. 44).
4. 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
					 7606,
					 7618,
					 7619,
					 7622
					 and
					 7630,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 3 - Embalming › Section 1215 - Attire While Embalming

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every person, while engaged in actually embalming human
				  remains, shall be attired in a clean and sanitary smock or gown covering the
				  person from neck to below the knees, and shall, while so engaged, wear
				  impervious gloves; and the body being embalmed shall at all times be so covered
				  as to insure the privacy of said body.
1. Change
				  without regulatory effect amending section filed 4-15-97 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 97, No. 16).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 3 - Embalming › Section 1216 - Sanitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				preparation, embalming, storage room, and refrigeration facilities shall, at
				all times, be kept and maintained in a clean and sanitary condition.
(b) Every preparation, embalming, storage
				room, and refrigeration facility shall be provided with proper and convenient
				receptacles for refuse, bandages, cotton and other waste materials and
				supplies. All such waste materials shall be disposed of in accordance with
				State and local health and sanitation requirements or in such a manner as not
				to endanger the public health and safety.
(c) All instruments, appliances and equipment
				used in the embalming or other preparation and handling of human remains shall
				be thoroughly cleansed and disinfected immediately at the conclusion of each
				individual case.
(d) All areas of a
				funeral establishment which are open to public use or occupancy shall be kept
				and maintained in a clean and orderly condition so as not to endanger the
				public health and safety.
1. Amendment
				  filed 7-3-86; effective thirtieth day thereafter (Register 86, No.
				  27).
2. 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).
3. Amendment of subsections (a)
				  and (b) 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
					 7707,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 3 - Embalming › Section 1217 - Preparation or Storage Room and Destruction of Waste Materials. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 11-14-57; effective thirtieth day thereafter (Register 57, No.
				  20).
2. Amendment filed 2-11-75 as an emergency; effective upon
				  filing. Certificate of Compliance included (Register 75, No. 7).
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 3 - Embalming › Section 1218 - Sanitary Condition of Mortuaries. [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 3 - Embalming › Section 1219 - Embalming Table. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 11-14-57; effective thirtieth day thereafter (Register 57, No.
				  20).
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 3 - Embalming › Section 1220 - Ventilation of Preparation Room. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 2-29-56; effective thirtieth day thereafter (Register 56, No. 4). Refiled
				  6-13-56 (Register 56, No. 12).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 3 - Embalming › Section 1221 - Care and Preparation for Burial

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The care and preparation for burial or
				other disposition of all human remains shall be strictly private, and no one
				shall be allowed in the embalming or storage room while human remains are being
				embalmed or prepared for disposition, except the licensed funeral director and
				his or her duly authorized officers and/or employees, licensed embalmers and
				their duly registered apprentices, instructors and their students from
				accredited mortuary science programs approved by the bureau, and public
				officials in the discharge of their duties; provided, that this rule shall not
				apply to persons who have been authorized by the person with the right to
				control disposition pursuant to section
				7100
				of the Health and Safety Code.
(b)
				All human remains being transferred into or out of a funeral establishment or
				storage facility, except in a casket, shall be covered and kept out of the
				public view, to the extent reasonably possible.
1. Amendment
				  filed 2-11-75 as an emergency; effective upon filing. Certificate of Compliance
				  included (Register 75, No. 7).
2. Editorial correction (Register 75,
				  No. 35).
3. New subsection (b) filed 6-15-88; operative 7-15-88
				  (Register 88, No. 25).
4. Change without regulatory effect amending
				  section filed 4-15-97 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 97, No. 16).
5. Change without regulatory
				  effect amending subsection (a) filed 9-22-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
6. Amendment of subsection (a)
				  filed 11-25-2015; operative 1-1-2016 (Register 2015, No.
				  48).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 7606,
					 7616,
					 7704
					 and
					 7707,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 3 - Embalming › Section 1222 - Embalming Fluids

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No embalming fluids shall be used in embalming which contain
				  heavy minerals or metallic substances which have a poisonous effect, such as
				  arsenic, lead and mercury.
1. New section
				  filed 8-11-53 as an emergency; designated effective 9-9-53 (Register 53, No.
				  13).
2. Amendment filed 7-3-86; effective thirtieth day thereafter
				  (Register 86, No. 7).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 7606
					 and
					 7707,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 3 - Embalming › Section 1223 - Embalming, Preparation and Storage Rooms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No embalming, preparation or storage room
				shall be located in any public storage, mini-storage, mini-warehouse,
				multi-unit storage complex or similar facility used by members of the general
				public for the storage of goods. Any existing embalming, preparation or storage
				room located in a prohibited facility shall be relocated and brought into full
				compliance with this section, within twelve (12) months of this subsection's
				effective date.
(b) Every licensed
				funeral establishment shall maintain in its embalming, preparation and/or
				storage room, a sufficient supply of a suitable and effective disinfectant to
				provide for the cleansing and disinfection of the facility and its
				contents.
(c) Every licensed
				funeral establishment and funeral director who holds unembalmed human remains
				for a period longer than twenty-four (24) hours shall cause the body to be
				refrigerated at an approved facility with sufficient capacity as defined under
				section 1223.1(d).
(d) All embalming, preparation or storage
				rooms shall contain only the equipment and supplies necessary for the
				preparation or care and handling of human remains for disposition or
				transportation.
(e) As used in this
				chapter, a storage room is a suitable room, other than a chapel, viewing or
				visitation room, office, supply room, closet or other room open to public
				access, which is used by a licensed funeral establishment for the storage or
				holding of human remains prior to effecting disposition. A storage room may be
				maintained in conjunction with an embalming or preparation room.
1. New section
				  filed 2-29-56; effective thirtieth day thereafter (Register 56, No.
				  4).
2. Amendment filed 6-13-56; effective thirtieth day thereafter
				  (Register 56, No. 12).
3. Amendment filed 2-11-75 as an emergency;
				  effective upon filing. Certificate of Compliance included (Register 75, No.
				  7).
4. Editorial correction (Register 75, No. 35).
5.
				  Amendment filed 7-3-86; effective thirtieth day thereafter (Register 86, No.
				  27).
6. Relettering of former subsections (a)-(d) to subsections
				  (b)-(e), new subsection (a) and change without regulatory effect of subsection
				  (e) filed 6-15-88; operative 7-15-88 (Register 88, No. 25).
7.
				  Amendment filed 10-31-97; operative 11-30-97 (Register 97, No.
				  44).
8. Change without regulatory effect amending subsection (c)
				  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
					 7606,
					 7616,
					 7621,
					 7630,
					 7704
					 and
					 7707,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 3 - Embalming › Section 1223.1 - Shared Preparation and Storage Rooms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensed funeral establishment may share a preparation
				  and/or a storage room with other licensed funeral establishments, upon approval
				  by the bureau, under the following conditions:
(a) the licensed funeral establishments are
				under common ownership or have a contractual agreement to share a preparation
				and/or storage room;
(b) the common
				owners have designated one funeral establishment as the main office as defined
				in Section
				1204(c)(2);
(c) the remaining establishments or the
				establishments using the facilities of the main office are within a sixty (60)
				mile radius of the main office;
(d)
				the licensed funeral establishment in which the common storage room is located
				has designated a separate labeled area within the storage room for each of the
				establishments using its facilities and has sufficient capacity to accommodate
				each licensee using the space;
(e)
				An identification and labeling system shall be in place to effectively identify
				the human remains being prepared and/or stored in the facilities;
(f) The facilities meet the requirements as
				specified in Section
				7616
				of the Business and Professions Code and have passed inspection by the bureau
				to determine its suitability for shared purposes;
(g) A licensed funeral establishment
				requesting permission from the bureau to share their preparation and/or storage
				room, must make a request, in writing, on a form 21 F-12 (4/93) provided by the
				bureau. An inspection will then be scheduled and completed to ensure that the
				above mentioned conditions have been met before the establishment can begin
				sharing its facilities.
1. New section
				  filed 10-31-97; operative 11-30-97 (Register 97, No. 44).
2. Change
				  without regulatory effect amending first paragraph and subsections (c) and
				  (f)-(g) filed 9-22-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
Note: Authority cited: Sections
					 7606
					 and
					 7616,
					 Business and Professions Code. Reference: Sections
					 7606,
					 7616,
					 7621,
					 7630,
					 7704
					 and
					 7707,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 3 - Embalming › Section 1224 - Equipment Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-29-56; effective thirtieth day thereafter (Register 56, No. 4). Refiled
				  6-13-56 (Register 56, No. 12).
2. Amendment filed 2-11-75 as an
				  emergency; effective upon filing. Certificate of Compliance included (Register
				  75, No. 7).
3. Repealer filed 7-3-86; effective thirtieth day
				  thereafter (Register 86, No. 27).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 4 - Apprentices › Section 1225 - Review of Apprentice Embalmer Registration Applications; Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The bureau
				shall inform an applicant for registration as an apprentice embalmer, in
				writing, within seven (7) days whether the application is complete and
				acceptable for filing or is deficient and what specific information is required
				to complete the application.
(b)
				The bureau shall make a decision within sixty (60) days after the date the
				application is deemed to be completed whether the applicant meets the
				requirements for registration. "Completion of an application" means that a
				completed application form together with all required information,
				documentation and fees has been filed by the applicant.
(c) The minimum, median and maximum
				processing times for an application for registration as an apprentice embalmer
				from the date of acceptance and filing of the initial application until the
				bureau makes a final decision on the application are:
(1) Minimum--one (1) day.
(2) Median--ten (10) days.
(3) Maximum--sixty (60)
				days.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 4 - Apprentices › Section 1226 - Record of Changes in Apprenticeship. [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).
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 4 - Apprentices › Section 1227 - Leave of Absence by Apprentice. [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).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 4 - Apprentices › Section 1228 - Completion of Apprenticeship. [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).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 4 - Apprentices › Section 1229 - Embalming by an Apprentice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				An apprentice shall embalm or assist in embalming at least the first
				twenty-five (25) of the one hundred (100) bodies required pursuant to Section
				7643(d), Article
				3, Chapter 12, Division 3 of the Business and Professions Code, only under the
				direct supervision and in the presence of his or her designated supervising
				embalmer.
(b) When an apprentice
				embalms a body out of the presence of the embalmer under whom he or she is
				apprenticed, the death certificate shall not be signed by such embalmer until
				he or she makes a personal inspection, in the presence of the apprentice, of
				the body as embalmed and passes thereon.
1. Originally
				  published 12-5-46 (Title 16).
2. Amendment filed 11-4-47 as an
				  emergency (Register 10, No. 2).
3. Amendment filed 7-3-86; effective
				  thirtieth day thereafter (Register 86, No. 27).
4. Change without
				  regulatory effect amending subsection (a) 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
					 7606,
					 7607,
					 7648,
					 7649
					 and
					 7660,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 4 - Apprentices › Section 1230 - Training Apprentices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A licensed funeral establishment may, upon approval by the bureau, request to
				be treated in aggregate for the purpose of training apprentices pursuant to the
				provisions of Section
				7670(b)
				of the Business and Professions Code under the following conditions:
(1) the licensed funeral establishments are
				under common ownership;
(2) the
				common owners have designated one (1) funeral establishment as the main office
				as defined in Section
				1204(c)(2),
				and;
(3) the remaining
				establishments must be within a sixty (60) mile radius of the main
				office.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 5 - Embalmer's Licenses › Section 1234 - Review of Embalmer's License Application; Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The bureau
				shall inform an applicant for licensure as an embalmer, in writing, within ten
				(10) days whether the application is complete and accepted for filing or is
				deficient and what specific information is required to complete the
				application.
(b) The bureau shall
				make a decision within one hundred twenty (120) days after the date the
				application is deemed to be complete whether the applicant meets the
				requirements for licensure. "Completion of an application" means that a
				completed application form, together with all required information,
				documentation and fees, has been filed by the applicant. This period may be
				extended by that time necessary for retaking or rescheduling an application or
				if the applicant is delayed in completing any required term of apprenticeship
				or meeting any educational requirements.
(c) The minimum, median and maximum
				processing times for an application for licensure as an embalmer from the date
				of acceptance and filing of the initial application until the bureau makes a
				final decision on the application are:
(1)
				minimum--ninety (90) days.
(2)
				median--one hundred five (105) days.
(3) maximum--one hundred twenty (120) days.
These processing times apply to those applicants who have
				  completed the required term of apprenticeship and take and pass the first
				  available licensing examination.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 5 - Embalmer's Licenses › Section 1235 - Examination Prior to Completion of Apprenticeship

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants for an examination for embalmer's license shall be
				  permitted to take such examination after they have completed their embalming
				  college course, notwithstanding that they may not, at such time, have completed
				  their embalming apprenticeship and in the event of passing such examination the
				  embalmer's license shall be withheld until apprenticeship has been served in
				  full and all other requirements of the law complied with.
1. Originally
				  published 12-5-46 (Title 16).
2. Amendment filed 11-4-47 (Register
				  10, No. 2).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 5 - Embalmer's Licenses › Section 1236 - Approval of Embalming Schools. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 3-1-74; effective thirtieth day thereafter (Register 74, No. 9). For
				  prior history, see Register 56, No. 12.
2. Repealer filed 7-3-86;
				  effective thirtieth day thereafter (Register 86, No.
				  27).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 7616,
					 7643
					 and
					 7646,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 5 - Embalmer's Licenses › Section 1237 - Conduct of Examination. [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 5 - Embalmer's Licenses › Section 1238 - Same: Applicant to Furnish Pen and Ink. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 11-14-57; effective thirtieth day thereafter (Register 57, No.
				  20).
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 5 - Embalmer's Licenses › Section 1239 - Smoking in Examination Room Prohibited. [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 5.5 - Citations, Fines and Orders of Abatement › Section 1240 - Issuance of Citations; Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The bureau is authorized to issue
				citations containing orders of abatement and assessing administrative fines for
				violations by any licensee of the bureau. For the purposes of this Article, a
				citable offense is any violation of the statutes and regulations enforced by
				the Cemetery and Funeral Bureau.
(b) Each citation shall be in writing and
				shall describe with particularity the nature of the violation, including
				reference to the statute or regulation alleged to have been violated. Each
				citation shall contain a statement informing the cited person or entity of his,
				her or its right to contest the citation and to request a hearing pursuant to
				subdivision (b)(4) of Business and Professions Code Section
				125.9,
				and Section
				1245 of this code. Each citation
				may contain an assessment of an administrative fine, an order of abatement
				fixing a reasonable period of time for abatement of the violation, or both an
				administrative fine and an order of abatement. Each citation shall be served in
				accordance with the provisions of Section
				11505(c)
				of the Government Code.
(c) If a
				hearing is not requested pursuant to subdivision (b)(4) of Business and
				Professions Code Section
				125.9,
				and Section
				1245 of this code, payment of any
				fine shall not constitute an admission of the violation charged.
1. New article
				  heading and 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 subsection (a) and redesignating former subsection
				  (d) to new subsection (c) filed 9-22-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
3. Amendment of subsection (a)
				  and NOTE filed 6-11-2014; operative 10-1-2014 (Register 2014, No.
				  24).
Note: Authority cited: Sections
					 125.9,
					 7606
					 and
					 7740,
					 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 5.5 - Citations, Fines and Orders of Abatement › Section 1241 - Assessment of Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				no event shall the administrative fine be less than $100 or exceed $5,000 for
				each violation.
(b) In assessing an
				administrative fine, or in issuing an order of abatement, the following factors
				shall be given due consideration:
(1) The
				gravity of the violation.
(2) The
				good or bad faith of the cited person or entity.
(3) The history of previous
				violations.
(4) Evidence that the
				violation was or was not willful.
(5) The extent to which the cited person or
				entity has cooperated with the bureau's investigation.
(6) The extent to which the cited person or
				entity has mitigated or attempted to mitigate any damage or injury caused by
				the violation.
(7) Such other
				matters as may be appropriate.
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 1242 - Order of Abatement; Extension of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a cited person or entity who has been issued an order of
				  abatement is unable to complete the correction within the time specified in the
				  citation because of conditions beyond his, her or its control after exercise of
				  reasonable diligence, the person or entity cited may request an extension of
				  time in which to complete the correction. Such a request shall be submitted to
				  the bureau in writing.
1. New section
				  filed 11-13-92; operative 12-14-92 (Register 92, No. 46). For prior history,
				  see Register 86, No. 27.
2. Amendment of section and NOTE filed
				  6-11-2014; operative 10-1-2014 (Register 2014, No.
				  24).
Note: Authority cited: Sections
					 125.9,
					 7606
					 and
					 7740,
					 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 5.5 - Citations, Fines and Orders of Abatement › Section 1243 - Assessment of Fine; Failure to Pay

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a citation containing an assessment of an administrative
				  fine is not contested or if the citation and fine is contested and the licensee
				  cited does not prevail, failure of the licensee to pay the fine within thirty
				  (30) days of the issuance or affirmation shall constitute a violation and may
				  result in disciplinary action being taken by the bureau. When a citation is not
				  contested and a fine is not paid, the full amount of the fine shall be added to
				  the fee for renewal of the license and the license shall not be renewed without
				  payment of the renewal fee and fine.
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 section 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,
					 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 1244 - Appeal of Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				person or entity served with a citation pursuant to this article and Section
				125.9
				and
				125.95
				of the Business and Professions Code may contest the citation by filing with
				the bureau, within thirty (30) days of the date of issuance of the citation, a
				written request for a hearing. All hearings under this section shall be
				conducted in accordance with the provisions of Chapter 5 (commencing with
				Section 11500) of Part 1 of Division 3 of
				Title 2 of the Government Code. The cited person or entity may contest any or
				all of the following aspects of the citation:
(1) The occurrence of a violation of the
				Funeral Directors and Embalmers Law or of a regulation adopted by the
				bureau.
(2) The reasonableness of
				the order of abatement, if an order of abatement is included in the
				citation.
(3) The reasonableness of
				the period of time allowed for correction in an order of abatement, if an order
				of abatement is included in the citation.
(4) The amount of the fine, if a fine is
				included in the citation.