reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2318 - Cemetery Salesman License Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-30-57; effective thirtieth day thereafter (Register 57, No.
				  17).
2. Amendment filed 12-2-75; effective thirtieth day thereafter
				  (Register 75, No. 49).
3. Amendment filed 5-29-81; effective
				  thirtieth day thereafter (Register 81, No. 22).
4. Amendment filed
				  5-22-87; operative 7-1-87 (Register 87, No. 23).
5. Amendment filed
				  2-5-91; operative 2-5-91 (Register 91, No. 10).
6. 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
					 9630
					 and
					 9756,
					 Business and Professions Code. Reference: Section
					 9756,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2319 - Cemetery Salesman RE-Examination Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-30-57; effective thirtieth day thereafter (Register 57, No.
				  17).
2. Amendment filed 12-2-75; effective thirtieth day thereafter
				  (Register 75, No. 49).
3. Amendment of section and NOTE filed
				  6-15-95; operative 7-17-95 (Register 95, No. 24).
4. Change without
				  regulatory effect repealing section filed 4-8-97 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 97, No. 15).
Note: Authority cited: Sections
					 9630
					 and
					 9757,
					 Business and Professions Code. Reference: Section
					 9757,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2320 - Cemetery Salesperson License Renewal Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Section
				  2313 filed 1-16-56; effective
				  thirtieth day thereafter (Register 56, No. 2).
2. Renumbered from
				  2313 and amendment filed 9-30-57; effective thirtieth day thereafter (Register
				  57, No. 17).
3. Amendment filed 2-20-63; designated effective 4-1-63
				  (Register 63, No. 3).
4. Amendment filed 12-2-75; effective
				  thirtieth day thereafter (Register 75, No. 49).
5. Amendment filed
				  5-29-81; effective thirtieth day thereafter (Register 81, No.
				  22).
6. Amendment filed 5-22-87; operative 7-1-87 (Register 87, No.
				  23).
7. Amendment filed 6-15-95; operative 7-17-95 (Register 95, No.
				  24).
8. Change without regulatory effect amending section heading
				  and section filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
9. 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
					 9630
					 and
					 9759,
					 Business and Professions Code. Reference: Section
					 9759,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2321 - Change of Name or Address Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-30-57; effective thirtieth day thereafter (Register 57, No.
				  17).
2. Amendment filed 2-20-63; designated effective 4-1-63
				  (Register 63, No. 3). Editorial correction, Register 63, No. 16.
3.
				  Amendment filed 12-2-75; effective thirtieth day thereafter (Register 75, No.
				  49).
4. Amendment filed 5-22-87; operative 7-1-87 (Register 87, No.
				  23).
5. Amendment of section and NOTE filed 6-15-95; operative
				  7-17-95 (Register 95, No. 24).
6. Change without regulatory effect
				  amending section filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
7. 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
					 9630
					 and
					 9761,
					 Business and Professions Code. Reference: Section
					 9761,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2322 - Cemetery Salesperson Transfer Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-30-57; effective thirtieth day thereafter (Register 57, No.
				  17).
2. Amendment filed 12-2-75; effective thirtieth day thereafter
				  (Register 75, No 49).
3. Amendment filed 5-22-87; operative 7-1-87
				  (Register 87, No. 23).
4. Amendment of section and NOTE filed
				  6-15-95; operative 7-17-95 (Register 95, No. 24).
5. Change without
				  regulatory effect amending section heading and section filed 10-17-2011
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
6. 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
					 9630
					 and
					 9762,
					 Business and Professions Code. Reference: Section
					 9762,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2323 - Duplicate License Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-30-57; effective thirtieth day thereafter (Register 57, No.
				  17).
2. Amendment filed 12-2-75; effective thirtieth day thereafter
				  (Register 75, No. 49).
3. Amendment filed 5-22-87; operative 7-1-87
				  (Register 87, No. 23).
4. Amendment of section and NOTE filed
				  6-15-95; operative 7-17-95 (Register 95, No. 24).
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
					 9630
					 and
					 9763,
					 Business and Professions Code. Reference: Section
					 9763,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2324 - Reinstatement Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-30-57; effective thirtieth day thereafter (Register 57, No.
				  17).
2. Amendment filed 12-2-75; effective thirtieth day thereafter
				  (Register 75, No. 49).
3. Amendment filed 5-22-87; operative 7-1-87
				  (Register 87, No. 23).
4. Amendment filed 6-15-95; operative 7-17-95
				  (Register 95, No. 24).
5. Change without regulatory effect amending
				  section filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
6. 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
					 9630
					 and
					 9764,
					 Business and Professions Code. Reference: Section
					 9764,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2326 - Applications for Cemetery Certificate of Authority and Crematory License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Certificate of
				Authority. Applications for a certificate of authority to operate a cemetery
				shall be filed on bureau form 23-COA (rev. 01/23), Application for Certificate
				of Authority, which is hereby incorporated by reference, at the principal
				office of the bureau. In addition to the payment of the fees required by
				section 2311 of these rules, each
				application shall be accompanied by the following:
(1) A copy of:
(A) Articles of Incorporation, if a
				corporation, or Articles of Organization, if a limited liability company,
				certified by the Secretary of State.
(B) Statement of Information for the
				corporation or organization filed with the Secretary of State.
(C) Permit to sell and issue securities. If
				not applicable, submit a statement certifying that securities will not be sold
				or issued.
(D) Land use or zoning
				permit certified by the city or county for cemetery use.
(E) Declaration of dedication to cemetery
				purposes certified by the county recorder.
(F) Deed to the property certified by the
				county recorder, contract of purchase or any other instrument which provides
				the applicant with merchantable title thereto.
(G) Endowment care trust agreement executed
				by the board of directors or limited liability company members of the cemetery
				authority.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2326.05 - Application for Hydrolysis Facility License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An application for a hydrolysis facility
				license shall be filed on bureau form 23- HF (New 07/20), Application for
				Hydrolysis Facility License, which is hereby incorporated by reference, at the
				principal office of the bureau. In addition to the payment of the filing fees
				required by section
				2311 of Title 16 of the California
				Code of Regulations, each application shall be accompanied by a copy of the
				following:
(1) Articles of Incorporation, if
				the applicant is a corporation, certified by the Secretary of State, or a
				partnership agreement, if the applicant is a partnership.
(2) Land use or zoning permit certified by
				the city or county for the land proposed to be used by the applicant for the
				hydrolysis facility.
(3) Permit to
				operate a hydrolysis facility issued by the local department of public
				health.
(4) Deed, lease or other
				written instrument providing the applicant with the right to possess and use
				the property where the business will be located.
(5) Approval of hydrolysis chamber issued by
				the State Department of Public Health.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2326.1 - Managers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each cemetery
				for which a new certificate of authority is required shall be operated under
				the supervision of a cemetery manager qualified as such by the bureau. If the
				applicant for a new certificate of authority is a limited liability company,
				the cemetery manager shall not have an ownership interest as a member of the
				limited liability company.
(1) The applicant
				for a new certificate of authority, in addition to the requirements of section
				2326, will designate the cemetery
				manager. There shall be submitted with the application a written statement from
				the cemetery manager demonstrating that he or she has two (2) years' experience
				in the cemetery business, or equivalent experience, which experience shall be
				commensurate with the size, type, and scope of the proposed activities of the
				cemetery authority. Additional cemetery managers who have been qualified and
				examined by the bureau may be designated by the applicant and can succeed the
				cemetery manager in the event of death, resignation, disability, voluntary
				surrender of license, or other inability to perform the required duties, as
				provided for in Business and Professions Code section
				7653.6.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2326.2 - Limited Liability Company Certification of Insurance Coverage or Net Worth

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A limited liability company licensed as a certificate of
				  authority shall submit annually, within four months of the completion of the
				  fiscal year, one of the following to the bureau:
(a) Bureau form 23-INS (1/16), Certification
				of Insurance Coverage, which is hereby incorporated by reference, certifying
				the limited liability company has a policy or policies of insurance for claims
				against it based upon acts, errors, or omissions of its licensed employees
				accompanied by a certificate of insurance or proof of adequate
				security.
(b) Bureau form 23-NW
				(1/16), Certification of Net Worth, which is hereby incorporated by reference,
				certifying that as of the last day of its most recently completed fiscal year,
				the limited liability company has a net worth equal to or exceeding ten million
				dollars ($10,000,000).
1. New section
				  filed 5-3-2016; operative 7-1-2016 (Register 2016, No. 19). For prior history,
				  see Register 85, No. 26.
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Section
					 7613.4,
					 Business and Professions Code; and Section
					 16956,
					 Corporations Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2326.3 - Record Keeping and Reporting of Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to section
				17701.13
				of the Corporations Code, limited liability companies shall designate and
				continuously maintain in this state an office and an agent for service of
				process. Each limited liability company shall maintain a current list of the
				full name and last known business or residence address of each
				member.
(b) Any changes the limited
				liability company makes to the designated office, principal office, agent for
				service of process, or mailing address by filing a statement of information
				with the Secretary of State shall be submitted to the bureau.
(c) Change of corporate officers, limited
				liability company members, or trustees of the endowment care fund, including
				change of name and/or address of any individual previously reported to the
				bureau, shall be reported within thirty (30) days of the change on bureau form
				23-NC (1/16), Cemetery Notification of Change, which is hereby incorporated by
				reference, along with a filing fee of twenty-five dollars ($25).
(d) Addition of corporate officers, limited
				liability company members, or trustees of the endowment care fund shall be
				submitted on bureau form 23-NC (1/16), Cemetery Notification of Change, which
				is hereby incorporated by reference, accompanied by bureau form 16-CA (rev.
				1/21), Certification Affidavit, which is hereby incorporated by reference, for
				each person along with a filing fee of twenty-five dollars ($25).
(e) A limited liability company shall notify
				the bureau within thirty (30) days of employing a bureau licensed employee or
				upon the resignation or termination of a bureau licensed employee on bureau
				form 23-LE (1/16), Bureau Licensed Employee, which is hereby incorporated by
				reference.
1. New section
				  filed 5-3-2016; operative 7-1-2016 (Register 2016, No. 19).
2.
				  Change without regulatory effect amending subsection (d) and amending NOTE
				  filed 2-16-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 8).
Note: Authority cited: Sections
					 135.4
					 and
					 7606,
					 Business and Professions Code. Reference: Sections
					 135.4,
					 136,
					 7613.4,
					 7613.5
					 and
					 7730.3,
					 Business and Professions Code; and Section
					 17701.13,
					 Corporations Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2326.5 - Approval to Share a Cemetery Manager

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Licensed cemeteries, upon approval by the bureau, may
				  designate a licensed cemetery manager to manage more than one licensed cemetery
				  under the following conditions:
(a)
				The license cemeteries are under common ownership;
(b) The common owner has designated one
				cemetery as the main office. The main office is defined as a designated
				location registered with the bureau where the principals of the licensed
				cemetery can be contacted;
(c) The
				licensed cemeteries are located within a one hour driving distance, not to
				exceed 60 miles, from the designated main office;
(d) Each licensed cemetery requesting
				permission from the bureau to share one designated cemetery manager, shall make
				a written request on application Form 21A2 (10/03) to the bureau and pay the
				fee for requesting to share a designated cemetery manager. If the applicant is
				a limited liability company, the cemetery manager shall not have an ownership
				interest as a member of the limited liability company. An inspection may be
				scheduled and completed to ensure that the conditions set forth in this section
				have been satisfied.
1. New section
				  filed 5-27-2003 as an emergency; operative 5-27-2003 (Register 2003, No. 22). A
				  Certificate of Compliance must be transmitted to OAL by 9-24-2003 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 5-27-2003 order, including
				  amendment of subsection (d), transmitted to OAL 9-22-2003 and filed 11-3-2003
				  (Register 2003, No. 45).
3. Amendment of subsections (c)-(d),
				  repealer of subsections (e)-(e)(3)(C) and amendment of NOTE filed 5-3-2016;
				  operative 7-1-2016 (Register 2016, No. 19).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 7613.4,
					 7613.5,
					 7653.6
					 and
					 7653.8,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2326.6 - Approval to Share a Crematory Manager

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Licensed crematories that are approved by the bureau upon
				  compliance with this section may designate a licensed crematory manager to
				  manage, supervise, and direct the business or profession of more than one
				  licensed crematory under the following conditions:
(a) The licensed crematories are under common
				ownership. As used herein, "common owner" or "common ownership" shall mean that
				each of the licensed crematories are owned and operated by the same individual,
				partnership, or corporation;
(b)
				The common owner has designated one crematory as the main office. The main
				office is defined as a location designated with the bureau in accordance with
				subdivision (d) where the individual licensed owner, partners, or corporate
				officers of each of the licensed crematories can be contacted;
(c) The licensed crematories are located
				within 60 miles from the designated main office; and,
(d) Each licensed crematory requesting
				permission from the bureau to share a designated crematory manager must submit
				a written, completed request on bureau form 23-SCRM (New 4/22), Request for
				Approval to Share Crematory Manager, which is hereby incorporated by reference.
				Crematories shall submit this form by email to emailcfb@dca.ca.gov or by mail
				to the address listed on the form.
1. New section
				  filed 1-3-2023; operative 4-1-2023 (Register 2023, No.
				  1).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Section
					 7713,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2327 - Cemetery Salesperson Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an applicant for a license as a cemetery salesperson
				  changes employers after filing his or her application and before the license
				  applied for is issued, such application shall be deemed void and the applicant
				  must file another fee and application.
1. Amendment
				  filed 8-24-82; effective thirtieth day thereafter (Register 82, No.
				  35).
2. Change without regulatory effect amending section heading
				  and section filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
Note: Authority cited: Section
					 9630,
					 Business and Professions Code. Reference: Sections
					 9701
					 and
					 9702.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2328 - Abandonment of Application for a Cemetery License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Section
				  9702.5 of the Code, an applicant
				  must qualify by written examination, notice of which will be forwarded to the
				  applicant by the bureau. If the applicant fails to appear at the time and place
				  designated by the bureau, the bureau may deem the application abandoned after
				  the expiration of the following periods:
Cemetery broker.
Six (6) months
Cemetery salesperson.
Two (2) months
Provided, however, that an application shall not be deemed
				  abandoned if an applicant has filed a written request to take a subsequent
				  examination prior to the expiration of the appropriate time periods. In the
				  absence of special circumstances, the applicant whose application has been
				  deemed abandoned shall file a new application accompanied by the required
				  fee.
1. New Section
				  2317 filed 1-16-56; effective
				  thirtieth day thereafter (Register 56, No. 2).
2. Renumbered from
				  2317 and amendment filed 9-30-57; effective thirtieth day thereafter (Register
				  57, No. 17).
3. Amendment filed 3-11-77; effective thirtieth day
				  thereafter (Register 77, No. 11).
4. Amendment filed 8-24-82;
				  effective thirtieth day thereafter (Register 82, No. 35).
5. Change
				  without regulatory effect amending section filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
Note: Authority cited: Section
					 9630,
					 Business and Professions Code. Reference: Sections
					 9702.5
					 and
					 9715,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2328.1 - Cemetery Manager and Crematory Manager Application Form, Abandonment, and Review Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant for examination or licensure
				as a cemetery manager or crematory manager shall complete an application, Form
				21A3 (01/23).
(b) If an applicant
				for examination or licensure as a cemetery manager or crematory manager fails
				to take a required examination within twelve (12) months after being notified
				of eligibility, or fails to apply for licensure within twelve (12) months of
				being notified of passing the examination, the application or examination
				result shall be considered to have been abandoned. An application subsequent to
				the abandonment of a previous application or examination shall be considered a
				new application and must be accompanied by the required fees.
(c) The procedure for considering
				applications for examination and issuance of licenses under this section shall
				be as follows:
(1) The Bureau shall inform an
				applicant for examination or licensure as a cemetery manager or crematory
				manager, in writing, within fourteen (14) 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.
(2) The Bureau shall make a decision within
				sixty (60) days after the application is deemed to be completed whether the
				applicant meets the requirements for licensure or examination. "Completion of
				an application" means that the applicant has filed a completed application form
				together with all required information, documentation, and fee.
(3) The minimum, median and maximum
				processing times for an application for examination or licensure as a cemetery
				manager or crematory manager from the date of acceptance and filing of the
				initial application until the Bureau makes a final decision on the application
				are:
(A) Minimum -- seven (7) days.
(B) Median -- thirty (30) days.
(C) Maximum -- sixty (60)
				days.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2329 - Abandonment of Application for a Certificate of Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application shall be deemed abandoned and all fees
				  previously paid shall be deemed forfeited if the applicant for a certificate of
				  authority refuses or fails to comply with the provisions of Section
				  2326 within one (1) year from the
				  date of written notification by the bureau of the documents or information
				  required to be submitted. The applicant shall be notified in writing of such
				  action. Any application so abandoned may not be reinstated; however, the
				  applicant may file a new application accompanied by the required fees and
				  documents.
1. New section
				  filed 9-30-57; effective thirtieth day thereafter (Register 57, No.
				  17).
2. Amendment filed 3-11-77; effective thirtieth day thereafter
				  (Register 77, No. 11).
3. Amendment filed 8-24-82; effective
				  thirtieth day thereafter (Register 82, No. 35).
4. Change without
				  regulatory effect amending section filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
Note: Authority cited: Section
					 9630,
					 Business and Professions Code. Reference: Sections
					 9702.5,
					 9716,
					 9781
					 and
					 9782,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2329.1 - Abandonment of Application for Hydrolysis Facility License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application shall be deemed abandoned and all fees
				  previously paid shall be deemed forfeited if the applicant for a hydrolysis
				  facility license refuses or fails to comply with the provisions of sections
				  2326.05 and
				  2326.1(c) of
				  Title 16, of the California Code of Regulations, within one (1) year from the
				  date of written notification by the Bureau of the documents or information
				  required to be submitted. The applicant shall be notified in writing of such
				  action. Any application so abandoned may not be reinstated. However, the
				  applicant may file a new application accompanied by the required fees and
				  documents.
1. New section
				  filed 6-17-2021; operative 6-17-2021 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2021, No. 25). Filing deadline specified in Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order
				  N-71-20.
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 7639.04,
					 7639.06
					 and
					 7652.10,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2330 - 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 cemetery-related businesses or
				professions, cremation- or hydrolysis-related businesses or professions, or
				remains disposal.
(b) For the
				purposes of denial, suspension, or revocation of a license pursuant to Section
				141,
				7691,
				7711.3, 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 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2330.1 - Criteria to Aid in Determining if Felony Financial Crimes Are Directly and Adversely Related to Fiduciary Qualifications, Functions, or Duties of a Cemetery Manager

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 cemetery manager 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 cemetery manager 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 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2331 - 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 cemetery-related businesses or
				professions, cremation- or hydrolysis-related businesses or professions, or
				remains disposal.
(b) When
				considering the denial of an application for a license under Sections
				480
				and
				7712.4
				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 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2331.1 - 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 cemetery-related businesses or
				  professions, cremation- or hydrolysis-related businesses or professions, or
				  remains disposal.
(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 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2332 - Interments in Non-Licensed Cemeteries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon the request of a holder of a right of interment in a
				  cemetery, the certificate of authority of which has lapsed or has been revoked,
				  (hereinafter referred to as "the nonoperating cemetery"), or on its own
				  initiative, the bureau may arrange through another cemetery or through such
				  person or firm, or corporation, as it deems advisable, to make interments in
				  the nonoperating cemetery. No such interments shall be authorized by the bureau
				  or made unless there has been paid in full to the bureau sufficient funds to
				  reimburse the actual direct cost of interment. The power and discretion
				  conferred by law upon the bureau to authorize such interments are hereby
				  delegated to and conferred upon the chief of the bureau, or, in his or her
				  absence from the office of the bureau, the acting bureau chief.
Notwithstanding the rules and regulations of the nonoperating
				  cemetery relative to outside burial containers, the bureau may authorize the
				  use of such containers as it deems appropriate.
1. New section
				  filed 3-11-77; effective thirtieth day thereafter (Register 77, No.
				  11).
2. Amendment of NOTE filed 8-24-82; effective thirtieth day
				  thereafter (Register 82, No. 35).
3. Change without regulatory
				  effect amending section filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
Note: Authority cited: Section
					 9630,
					 Business and Professions Code. Reference: Section
					 9718,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3 - Applications and Licenses › Section 2333 - Cemetery Maintenance Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every endowment care cemetery shall have
				cemetery maintenance standards to ensure the property is kept in a condition so
				as to prevent the cemetery's offensive deterioration. The cemetery maintenance
				standards shall be in accordance with either subdivision (b) or subdivision (c)
				of this Section.
(b) Each endowment
				care cemetery shall perform, at a minimum, the following maintenance on its
				cemetery property:
(1) Trim or mow grass and
				prune shrubs and trees in and around the cemetery. Grass shall be trimmed or
				mowed to a level where flat markers of individual graves can be seen.
(2) Suppress or remove weeds on the developed
				cemetery property.
(3) Provide a
				sufficient supply of water to keep cemetery grass and plants as green as
				seasonally possible in accordance with natural terrain, availability of water,
				and local or county ordinances regarding water use.
(4) Repair or restore improvements,
				structures and fences on the property which are owned by the
				cemetery.
(5) Keep cemetery roads
				seasonally accessible and repair surfacing which presents a hazard.
(6) Keep all occupied crypts and niches
				properly sealed or closed.
(7)
				Refill or reset settled graves and markers annually, or within 120 days of the
				cemetery office becoming aware of the issue.
(8) Repair any grave marker, monument, or
				burial vault that is damaged by the negligence of the cemetery or its employees
				or contractors.
(9) Supply and
				empty trash receptacles when filled, and keep public areas of the cemetery
				grounds and water features clear of trash and debris.
(10) Provide clear delineation of undeveloped
				cemetery property with the use of signage.
(11) Control vermin and insect
				problems.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3.5 - Endowment Care Fund Unitrust Distribution › Section 2334.1 - Approval of Endowment Care Fund Conversion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Section
				  8726.2
				  of the Health and Safety Code, a cemetery authority shall not convert its
				  endowment care fund to a unitrust distribution method without first complying
				  with Section
				  2334 and receiving the bureau's
				  written approval. If the bureau approves a cemetery authority's application to
				  convert its endowment care fund to a unitrust distribution method, the
				  conversion to the unitrust distribution method shall become effective on the
				  first day of the cemetery authority's reporting year following the date of
				  approval from the bureau.
1. New section
				  filed 1-5-2022; operative 1-5-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 1).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code; and Section
					 8726.2,
					 Health and Safety Code. Reference: Sections
					 8726.1,
					 8726.2,
					 8738
					 and
					 8738.1,
					 Health and Safety Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3.5 - Endowment Care Fund Unitrust Distribution › Section 2334.2 - Denial of Unitrust Conversion Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grounds for denial. The bureau shall deny
				an application to convert a cemetery authority's endowment care fund from a net
				income distribution method to a unitrust distribution method if any of the
				following conditions exist:
(1) The cemetery
				authority does not meet the conditions of approval described in Section
				8726.2(b)
				of the Health and Safety Code, as applicable.
(2) The bureau finds any of the conditions
				described in subdivisions (a)-(f) of Section
				7613.9 of the Code.
(3) The applicant has not provided all
				relevant documents to the bureau pursuant to Section
				2334.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3.5 - Endowment Care Fund Unitrust Distribution › Section 2334.3 - Abandonment of Unitrust Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The abandonment date for an application
				that has been returned to the applicant as incomplete shall be 12 months from
				the date of returning the application.
(b) An applicant who abandons an application
				must submit a new application to obtain the bureau's approval to convert its
				endowment care fund to the unitrust distribution method.
1. New section
				  filed 1-5-2022; operative 1-5-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 1).
Note: Authority cited: Sections
					 142
					 and
					 7606,
					 Business and Professions Code. Reference: Section
					 142,
					 Business and Professions Code; and Section
					 8726.2,
					 Health and Safety Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 3.5 - Endowment Care Fund Unitrust Distribution › Section 2334.4 - Reversion to Net Income Distribution Method

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The bureau shall require, after sixty
				(60) days' notice, that a cemetery authority that has converted its endowment
				care fund from a net income distribution method to a unitrust distribution
				method to revert to the net income distribution method for any of the reasons
				set forth in Section
				8726.2(e)(3)
				of the Health and Safety Code.
(b)
				Written notice of the bureau's requirement that the cemetery authority revert
				to the net income distribution method will be mailed to the cemetery authority
				licensee's address of record and will include the reasons for the requirement
				to revert to the net income distribution method and the effective date of the
				reversion. The effective date of reversion may be in the current or the
				subsequent calendar year or a fiscal year that has been approved by the bureau
				as set forth in Section
				7612.7 of the Code.
(c) After the 60-day time period set forth in
				subsection (a) has passed, the bureau may require a cemetery authority to show
				satisfactory proof of reversion. Proof of reversion must be provided within
				fourteen (14) days of the date of the bureau's written request for such proof.
				For the purposes of this section, "satisfactory proof" means the documents or
				other written information, including a new proposed trust instrument, or
				amendment(s) thereto, showing the cemetery authority's endowment care fund
				reversion to the net income distribution method.
(d) It shall constitute unprofessional
				conduct under Section
				7711.1 of the Code for a cemetery
				authority to fail to comply with the bureau's notice requiring the cemetery
				authority to revert to the use of the net income distribution method or to
				refuse to provide the satisfactory proof of reversion required by this
				section.
(e) A cemetery authority
				that reverts to the net income distribution method and seeks to reconvert its
				endowment care fund to the unitrust distribution method shall submit a new
				application pursuant to Section
				2334 and receive approval from the
				bureau as provided in Section
				2334.1 prior to
				conversion.
1. New section
				  filed 1-5-2022; operative 1-5-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 1).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 7612.6,
					 7613.9
					 and
					 7711.1,
					 Business and Professions Code; and Sections
					 8726.2
					 and
					 8736,
					 Health and Safety Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 4 - Signs, Contracts, Literature, Etc › Section 2336 - Nonendowment Care Interment Property in an Endowment Care Cemetery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Signs. Each
				nonendowment care section of an endowment care property, containing property
				available for sale, shall be separately set off by signs prominently placed
				designating same as a nonendowment care section. These signs shall be at least
				sixteen inches (16") high and twenty-four inches (24") wide and shall be
				mounted upright thus being perpendicular to level ground. Each sign shall
				contain the following:
(1) A heading
				containing the words "NONENDOWMENT CARE SECTION" in black lettering at least
				four inches (4") high.
(2) The
				phrase "This section is nonendowment care interment property" in black
				lettering at least one and one-quarter inches (1 1/4")
				high.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 4 - Signs, Contracts, Literature, Etc › Section 2337 - Nonendowment Care Cemeteries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Signs.
(1) Entrance Signs. Each nonendowment
				care cemetery shall post a sign at each entrance. These signs shall be at least
				sixteen inches (16") high and twenty-four inches (24") wide and shall be
				prominently mounted upright thus being perpendicular to level ground. Each sign
				shall contain the following:
(A) A heading
				containing the words "NONENDOWMENT CARE" in black lettering at least four
				inches high.
(B) The phrase "This
				is a nonendowment care interment property" in black lettering at least one and
				one-quarter inches (1 1/4") high.