reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.01 - Registration and Permit Requirements › Section 09.34.01.03 - Exception from Permit and Registration Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §§C and D
				of this regulation, a bona fide religious, nonprofit cemetery is exempt from
				the permit requirements in this chapter.
B. Except as provided in §§C and D
				of this regulation, an owner, operator, or employee of a bona fide religious,
				nonprofit cemetery is exempt from the registration requirements of this
				chapter.
C. A bona fide religious,
				nonprofit cemetery in which burials have taken place within the previous 5
				years, shall file with the Director, once every 2 years, a statement that
				includes the name, address, and telephone number of the:
(1) Cemetery;
(2) Religious organization that owns and
				operates the cemetery; and
(3)
				Individual who is responsible for the oversight of the cemetery.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.01 - Registration and Permit Requirements › Section 09.34.01.04 - Permit-Requirements for Initial Permit of Business

Current through Register Vol. 51, No. 14, July 12, 2024
A. A corporation,
				limited liability company, or partnership shall receive a permit to operate a
				cemetery or to provide burial goods in this State if the corporation, limited
				liability company, or partnership meets the permit requirements in this
				regulation.
B. A corporation,
				limited liability company, or partnership shall receive a permit from the
				Office if the entity:
(1) Completes an
				application on a form provided by the Director;
(2) Pays the nonrefundable permit fees under
				COMAR 09.34.03;
(3) Provides the
				name, address, and phone number of each affiliated cemetery or burial goods
				business;
(4) Designates a
				registered cemeterian or registered seller as the responsible party for each
				affiliated cemetery or burial goods business provided that the registered
				cemeterian or registered seller may not be designated as the responsible party
				for more than a combined total of three cemeteries or burial goods
				businesses;
(5) Provides a list of
				the officers, directors, members, partners, agents, and employees of the entity
				applying for the permit;
(6)
				Provides the number of required sales contracts entered into within the
				business' last 2 fiscal years; and
(7) Complies with the appropriate financial
				stability requirements under Regulation .06 of this chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.01 - Registration and Permit Requirements › Section 09.34.01.05 - Registration - Requirements for Initial Registration of Individuals Who Operate Cemeteries or Provide Burial Goods

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual
				shall be registered by the Office if the individual meets the registration
				requirements of this regulation.
B.
				An individual shall be registered with the Office if the individual:
(1) Completes a registration application
				supplied by the Office;
(2) Pays
				the initial nonrefundable application fee and any additional fees set by the
				Director under COMAR 09.34.03;
(3)
				Is 18 years old or older;
(4) Is of
				good character and reputation, and lists the applicant's previous three
				employers;
(5) States the name and
				mailing address of the cemetery or burial goods business with which the
				applicant is affiliated;
(6) States
				whether the cemetery or burial goods business with which the applicant is
				affiliated is owned or controlled by:
(a) A
				partnership;
(b) A limited
				liability company;
(c) A
				corporation; or
(d) A sole
				proprietorship;
(7)
				States whether the application is for:
(a)
				Registered cemeterian;
(b)
				Registered seller;
(c) Sales
				counselor; and
(8) If the
				applicant is a responsible party, demonstrates financial stability under
				Regulation .06 of this chapter for the permit or sole proprietor application of
				the cemetery or burial goods business with which the applicant is
				affiliated.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.01 - Registration and Permit Requirements › Section 09.34.01.06 - Business Application-Financial Stability

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following are the categories of
				cemeteries and burial goods businesses for purposes of determining financial
				stability:
(1) A for-profit cemetery or a
				cemetery which sells burial goods making initial application;
(2) A nonprofit cemetery which does not sell
				burial goods making initial or renewal application;
(3) A for-profit cemetery or a cemetery which
				sells burial goods applying for renewal of permit;
(4) A burial goods business or new burial
				goods business making initial application, or existing burial goods business
				applying for renewal;
(5) A new
				cemetery which sells burial goods or new cemetery which does not sell burial
				goods; and
(6) A cemetery which no
				longer sells goods or space and in which an average of five or fewer interments
				have occurred within the past 3 fiscal years.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.01 - Registration and Permit Requirements › Section 09.34.01.07 - Change of Information

Current through Register Vol. 51, No. 14, July 12, 2024
The responsible party shall notify the Office of any change
				  in the information provided in the application for a permit or registration
				  either before or after the issuance of a permit or registration within 1 week
				  from the date of a change.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.01 - Registration and Permit Requirements › Section 09.34.01.08 - Setting of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
All fees shall be set by the Director. The fee schedule is
				  set forth in COMAR 09.34.03.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.01 - Registration and Permit Requirements › Section 09.34.01.09 - Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who is
				registered or permitted with the Office may renew registration or a permit
				every 2 years beginning on a date specified by the Office in the following
				manner:
(1) Complete the renewal application
				on a form supplied by the Director;
(2) Pay the renewal fee set in COMAR
				09.34.03;
(3) Meet the initial
				registration or permit requirements under Regulations .04, .05, and .06 of this
				chapter;
(4) Submit the
				documentation required by Regulation .06 of this chapter, and
(5) If a balance sheet is required, submit a
				comparative balance sheet, related note disclosures, and supplementary
				information based on the requirements for a comparative balance sheet of
				Regulation .06 of this chapter accompanied by a review report prepared by a
				retained certified public accountant.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.01 - Registration and Permit Requirements › Section 09.34.01.10 - Lapsed Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A person who has been registered or permitted by the Office
				  and who has allowed the registration or permit to lapse for at least 6 months
				  may apply for registration or a permit in the following manner:
A. Complete an initial registration or permit
				application on a form supplied by the Office;
B. Pay the initial registration or permit fee
				and the late renewal fee under COMAR 09.34.03;
C. Meet the initial registration or permit
				requirements under Regulations .04, .05, and .06 of this chapter;
D. Submit the documentation required by
				Regulation .06 of this chapter;
E.
				If a balance sheet is required, submit a comparative balance sheet, related
				note disclosures, and supplementary information based on the requirements for a
				comparative balance sheet of Regulation .06 of this chapter accompanied by a
				review report prepared by a retained certified public accountant; and
F. Provide a full, written explanation to the
				Office detailing the reasons why the registration or permit was allowed to
				expire and why registration or a permit is now sought.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.01 - Registration and Permit Requirements › Section 09.34.01.11 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Registration or
				Permit Denial. An applicant, registrant, or permit holder applying for an
				initial or renewal registration or permit may be denied approval subject to the
				hearing provisions of Business Regulation Article, §
									5-311, Annotated
				Code of Maryland, for any of the grounds listed in Business Regulation Article,
				§
									5-310, Annotated
				Code of Maryland.
B. Hearing Before
				Director.
(1) Except as otherwise provided in
				§B(2)-(6) of this regulation, all contested case hearings before the
				Director shall be governed by COMAR 09.01.02.
(2) In addition to the actions provided in
				COMAR 09.01.02.03B C,
				the Director shall attempt to negotiate a settlement of a complaint between the
				complainant and a registrant or permit holder. If the Director is unable to
				negotiate a settlement of a complaint, the Director may, at the request of
				either party, refer the complaint to the Office of the Attorney General or the
				Office of Administrative Hearings for binding arbitration, if both parties
				agree to binding arbitration.
(3)
				An applicant who has been notified that a new or renewal registration or permit
				has been or may be denied and who requests a hearing before the Director must
				file the request for a hearing not later than 30 days after the date the notice
				or proposed action was mailed.
(4)
				The Director shall send the hearing notice described in COMAR
				09.01.02.07B B at
				least 10 days before the hearing, or, if the parties have agreed to a date for
				which 10 days notice cannot be given, at the earliest time possible.
(5) The notice to an applicant that a new or
				renewal registration or permit has been or may be denied shall state that the
				proposed action of the Director shall be affirmed if:
(a) A hearing is not requested within 30 days
				after the date the notice of proposed action was mailed; or
(b) The applicant fails to appear for the
				hearing after requesting a hearing.
(6) If, after a hearing, the proposed action
				of the Director is upheld, the appellant shall pay the hearing costs as
				described in COMAR
				09.34.03.03B
				F.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.01 - Registration and Permit Requirements › Section 09.34.01.12 - Display of Registration or Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A registrant or permit holder shall display the registration
				  or permit conspicuously at each business address of the registrant or permit
				  holder.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.01 - Registration and Permit Requirements › Section 09.34.01.13 - Communication from Director-Failure to Respond

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition.
(1) In this regulation, the following term
				has the meaning indicated.
(2) Term
				Defined - Person.
(a) "Person" has the
				meaning provided in Business Regulation Article, §
											1-101(g),
				Annotated Code of Maryland.
(b)
				"Person" includes:
(i) Any registrant or
				permit holder under Business Regulation Article, Title 5, Annotated Code of
				Maryland, and any applicant for a registration or permit to operate a cemetery
				or crematory, or to provide burial goods, in this State; and
(ii) Any other person required under the
				provisions of Business Regulation Article, Title 5, Annotated Code of Maryland,
				or any regulation in this subtitle, to respond to a communication from the
				Director.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.02 - Perpetual Care › Section 09.34.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs each sole proprietor registered
				  cemeterian or permit holder for either human or pet remains who is required to
				  have a perpetual care trust fund and identifies the information which must be
				  provided to the Office of Cemetery Oversight as part of the perpetual care
				  trust report.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.02 - Perpetual Care › Section 09.34.02.02 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following term has the meaning indicated.
B. Income of a Perpetual Care Trust Fund.
(1) "Income of a perpetual care trust fund"
				means interest or dividends earned on the perpetual care trust fund.
(2) "Income of a perpetual care trust fund"
				does not include realized capital gains of a perpetual care trust
				fund.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.02 - Perpetual Care › Section 09.34.02.03 - Perpetual Care Report

Current through Register Vol. 51, No. 14, July 12, 2024
The perpetual care trust report shall comply with the
				  requirements of §5-606, Business Regulation Article, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.02 - Perpetual Care › Section 09.34.02.04 - Realized Capital Gains of a Perpetual Care Trust Fund

Current through Register Vol. 51, No. 14, July 12, 2024
Realized capital gains of a perpetual care trust fund are not
				  income of the perpetual care trust fund and shall be deposited in the perpetual
				  care trust fund as principal.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.03 - Fees › Section 09.34.03.01 - Registration Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initial
				registration fees are as follows:
(1)
				Registered cemeterian/registered seller who is a sole proprietor of a cemetery
				or burial goods business - $150 plus $30 per sales contract of $250 or more
				entered into within the business' past 2 fiscal years;
(2) Registered cemeterian/registered seller
				who is not a sole proprietor of a cemetery or burial goods
				business-$150;
(3) Registered
				cemeterian who operates a nonprofit cemetery which does not sell burial
				goods-$50;
(4) Sales
				counselor-$100.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.03 - Fees › Section 09.34.03.02 - Permit Fees

Current through Register Vol. 51, No. 14, July 12, 2024
Permit fees are as follows:
A. Initial permit fee - $200 plus $30 per
				sales contract of $250 or more entered into within the business' past 2 fiscal
				years;
B. Permit renewal fee - $200
				plus $30 per sales contract of $250 or more entered into within the business'
				past 2 fiscal years;
C. Initial
				permit fee for a nonprofit cemetery which does not sell sales contracts -
				$50;
D. Permit renewal fee for a
				nonprofit cemetery which does not sell sales contracts - $50;
E. Late renewal fee-$100.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.03 - Fees › Section 09.34.03.03 - Other Fees

Current through Register Vol. 51, No. 14, July 12, 2024
Other fees are as follows:
A. Replacement of registration-$50;
B. Replacement of permit-$50;
C. Returned check fee-$50;
D. Annual perpetual care trust report
				fee-$25;
E. Annual preneed sales
				trust report fee-$25;
F. Hearing
				costs described in Business Regulation Article, §
									5-312(h),
				Annotated Code of Maryland, shall be determined to be the cost of a court
				reporter and the transcripts ordered by the Office or by the Office of the
				Attorney General for the purpose of presenting a case alleging violation of
				Business Regulation Article, §
									5-310, Annotated
				Code of Maryland, before the Office or the Office of Administrative
				Hearings;
G. Additional copy of
				registration-$50;
H. Additional
				copy of permit-$50;
I. Business
				name change-$25;
J. Personal name
				change-$25; and
K. Business address
				change-$25.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.04 - Code of Ethics and Professional Standards › Section 09.34.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs any person who holds a registration or
				  permit to operate a cemetery or to provide burial goods for either human or pet
				  remains in this State.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.04 - Code of Ethics and Professional Standards › Section 09.34.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) Burial Space.
(a) "Burial space" means land or space in a
				structure used or to be used for human interment.
(b) "Burial space" includes an interment
				right in the land or space.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.04 - Code of Ethics and Professional Standards › Section 09.34.04.04 - Professional Standards for Registered Cemeterians and Permit Holders that Own or Operate Cemeteries

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				registered cemeterian or cemetery permit holder shall:
(1) Maintain cemetery grounds and structures
				in a reasonable condition;
(2) Keep
				accurate records of all sales and interments, including a map or plat which
				identifies the section name, lot number, and site number of each burial space
				in the cemetery or mausoleum or both;
(3) Establish and maintain a record with the
				dates, locations, facts, and any permit required under Health-General Article,
				§4-215(e), Annotated Code of Maryland, relative to the relocation of human
				remains, including cremated human remains, from an existing burial space to
				another burial space;
(4) Provide
				to a consumer, orally and in writing, at the time of entering into a contract
				for a memorial, a statement of the cemetery's policy on the use of independent
				monument companies;
(5) Provide to
				a consumer, within 1 business day, a response to an authorization request for
				the installation or servicing of a foundation or burial goods;
(6) Provide to a consumer, upon request,
				within 1 business day, information about the rules and regulations for a
				section and area of the cemetery, including the specifications, standards, and
				requirements, and any fees for the installation and type of memorial;
(7) Provide, upon request, to a consumer,
				within 1 business day, information regarding the exact location of a burial
				space for the purpose of installing or servicing a memorial;
(8) Have the same specifications, standards,
				and requirements for the installation of memorials in the registrant's or
				permit holder's cemetery regardless of who sold the memorial; and
(9) Disclose to a consumer, orally and in
				writing, at the time of entering into a contract, the number of interments that
				may be placed in each burial space and their disposition within a burial
				space.
(10) Disclose to the owner
				of the burial space, in writing, if damage has occurred to the integrity of a
				casket, liner, vault, crypt, mausoleum space, or columbarium space within 10
				days of discovery of the damage;
(11) If the damage which has occurred to the
				integrity of a casket, liner, vault, crypt, mausoleum space, or columbarium
				space, was caused by the actions of the cemetery, offer to repair or to supply
				to the owner of the burial space a reasonable and comparable alternative burial
				space, casket, liner, vault, crypt, mausoleum space, or columbarium space;
				and
(12) Maintain in the cemetery's
				office, for inspection by consumers, a current and complete listing of the
				rules and requirements of the cemetery including those related to
				memorialization, interment, memorial services, burial space embellishments, and
				hours of operation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.05 - Crematories - Definitions › Section 09.34.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs the definition of terms used in COMAR
				  09.34.06, COMAR 09.34.07, COMAR 09.34.08 and COMAR 09.34.09.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.06 - Crematories - Permit and Registration Process and Fees › Section 09.34.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs the permit process for persons,
				  regulated under Business Regulation Article, Title 5, Annotated Code of
				  Maryland, who operate a crematory in the State and the fees for crematory and
				  registered crematory operator permits.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.06 - Crematories - Permit and Registration Process and Fees › Section 09.34.06.02 - Permit Issuing Agency

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				person who holds a permit or registration under Business Regulation Article,
				Title 5, Annotated Code of Maryland, and owns a greater interest in a crematory
				than a licensee under Health Occupations Article, Title 7, Annotated Code of
				Maryland, shall obtain a permit to engage in the operation of a crematory from
				the Office.
B. A person whose
				ownership interest in a crematory is equal to the ownership interest in the
				crematory of a licensee under Health Occupations Article, Title 7, Annotated
				Code of Maryland, shall obtain a permit to engage in the operation of a
				crematory from the Office.
C. A
				person who owns a crematory and is neither a licensee under Health Occupations
				Article, Title 7, Annotated Code of Maryland, nor a registrant or permit holder
				under Business Occupations Article, Title 5, Annotated Code of Maryland, shall
				obtain a permit to engage in the operation of a crematory from the
				Office.
D. A person who is a
				licensee or holder of a corporation license under Health Occupations Article,
				Title 7, Annotated Code of Maryland, and owns a greater interest in a crematory
				than a person who holds a permit or registration under Business Regulation
				Article, Title 7, Annotated Code of Maryland, shall obtain a permit to engage
				in the operation of a crematory from the Board.
E. An individual, who is designated as the
				registered crematory operator by a person required to obtain a permit to
				operate a crematory from the Office, shall obtain a registered crematory
				operator permit from the Office.
F.
				All operating crematories and individuals designated as the registered
				crematory operator required to obtain a permit from the Office shall apply to
				the Office for a permit within 90 days from the effective date of this
				chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.06 - Crematories - Permit and Registration Process and Fees › Section 09.34.06.03 - Permit-Requirements for Permit for a Crematory Owned by a Corporation, Limited Liability Company, or Partnership

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				corporation, limited liability company, or partnership shall receive a permit
				to operate a crematory in this State if the corporation, limited liability
				company, or partnership meets the permit requirements of this
				regulation.
B. A corporation,
				limited liability company, or partnership shall receive a permit if the entity:
(1) Completes an application form;
(2) Pays the nonrefundable application fee
				and any other fees due under this chapter;
(3) Provides the name, address, and phone
				number of each affiliated crematory;
(4) Designates a registered crematory
				operator as the responsible party for each affiliated crematory provided that
				the registered crematory operator may not be designated as the responsible
				party for more than a total of two crematories;
(5) Provides a list of the officers,
				directors, members, partners, agents, and employees of the entity applying for
				the permit;
(6) Provides a
				certificate of status, issued by the Maryland Department of Assessments and
				Taxation, indicating that the entity is in good standing, or its equivalent as
				determined by the Office, and dated not earlier than 30 days before the date of
				the application; and
(7) Provides
				an affidavit stating that:
(a) No federal or
				State taxes or fees are delinquent; and
(b) The corporation, limited liability
				company or partnership is financially stable.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.06 - Crematories - Permit and Registration Process and Fees › Section 09.34.06.04 - Permit-Requirements for Permit for a Crematory Owned by a Sole Proprietor

Current through Register Vol. 51, No. 14, July 12, 2024
A. A sole
				proprietor applicant for a crematory permit shall receive a permit to operate a
				crematory in this State if the sole proprietor applicant meets the permit
				requirements of this regulation.
B.
				A sole proprietor shall receive a permit if the sole proprietor:
(1) Completes an application form;
(2) Pays the nonrefundable application fee
				and any other fees due under this chapter;
(3) Provides the name, address, and phone
				number of each affiliated crematory;
(4) Designates a registered crematory
				operator as the responsible party for each affiliated crematory provided that
				the registered crematory operator may not be designated as the responsible
				party for more than a total of two crematories;
(5) Provides an affidavit stating that:
(a) No federal or State taxes or fees are
				delinquent; and
(b) The crematory
				business is financially stable; and
(6) Provides evidence to the Office of the
				sole proprietor's ability to read and write.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.06 - Crematories - Permit and Registration Process and Fees › Section 09.34.06.05 - Permit-Requirements for Registration for a Registered Crematory Operator

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual
				shall register with and receive a permit from the Office as a registered
				crematory operator if the individual meets the registration requirements of
				this regulation.
B. An individual
				shall be registered with the Office as a registered crematory operator if the
				individual:
(1) Completes an application
				form;
(2) Pays the nonrefundable
				application fee and any other fees due under this chapter;
(3) Is 18 years old or older;
(4) Is of good character and reputation and
				lists the applicant's previous three employers;
(5) Has achieved certification as a crematory
				operator by the Cremation Association of North America (CANA), International
				Cemetery, Cremation and Funeral Association (ICCFA), or other equivalent
				certification recognized by the Office and the Board;
(6) Has successfully completed the operator
				training course of the manufacturer of the cremator located in the crematory
				with which the applicant is affiliated;
(7) States the name and mailing address of
				the crematory with which the applicant is affiliated;
(8) States whether the crematory with which
				the applicant is affiliated is owned or controlled by:
(a) A corporation;
(b) A partnership;
(c) A limited liability company; or
(d) A sole proprietorship;
(9) States whether the applicant
				is the responsible party for the affiliated crematory; and
(10) Provides evidence to the Office of the
				individual's ability to read and write.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.06 - Crematories - Permit and Registration Process and Fees › Section 09.34.06.06 - Permit-Requirements for Permit for a New Crematory Owned by a Corporation, Limited Liability Company, or Partnership

Current through Register Vol. 51, No. 14, July 12, 2024
A. A corporation, limited liability company,
				or partnership shall receive a permit to operate a new crematory in this State
				if the corporation, limited liability company, or partnership meets the permit
				requirements of this regulation.
B.
				A corporation, limited liability company, or partnership shall receive a permit
				from the Office if, at least 30 days prior to the opening of the new crematory,
				the entity:
(1) Completes an application
				form;
(2) Pays the nonrefundable
				application fee and any other fees due under this chapter;
(3) Provides the name, address, and phone
				number of each affiliated crematory;
(4) Designates a registered crematory
				operator as the responsible party for each affiliated crematory provided that
				the registered crematory operator may not be designated as the responsible
				party for more than a total of two crematories;
(5) Provides a list of the officers, members,
				partners, agents, and employees of the entity applying for the permit;
				and
(6) Provides an affidavit
				stating that the corporation, limited liability company, or partnership:
(a) Is financially stable; and
(b) Has the ability to continue to operate
				the crematory business for a 2-year period after issuance of a
				permit.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.06 - Crematories - Permit and Registration Process and Fees › Section 09.34.06.07 - Permit-Requirements for a New Crematory Owned by a Sole Proprietor

Current through Register Vol. 51, No. 14, July 12, 2024
A. A sole
				proprietor applicant for a new crematory shall receive a permit to operate if
				the sole proprietor applicant meets the permit requirements of this
				regulation.
B. A sole proprietor
				shall receive a permit from the Office if, at least 30 days prior to the
				opening of the new crematory, the sole proprietor applicant:
(1) Completes an application form;
(2) Pays the nonrefundable application fee
				and any other fees due under this chapter;
(3) Provides the name, address, and phone
				number of each affiliated crematory;
(4) Designates a registered crematory
				operator as the responsible party for each affiliated crematory provided that
				the registered crematory operator may not be designated as the responsible
				party for more than a total of two crematories;
(5) Provides an affidavit stating that the
				new crematory business:
(a) Is financially
				stable; and
(b) Has the ability to
				continue to operate the crematory business for a 2-year period after issuance
				of a permit; and
(6)
				Provides evidence to the Office of the individual's ability to read and
				write.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.06 - Crematories - Permit and Registration Process and Fees › Section 09.34.06.08 - Change of Information

Current through Register Vol. 51, No. 14, July 12, 2024
The responsible party shall notify the Office of any change
				  in the information provided in the application for permit for a crematory or
				  for a permit as a registered crematory operator, either before or after the
				  issuance of a permit, within 1 week of the date of the
				  change.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.06 - Crematories - Permit and Registration Process and Fees › Section 09.34.06.09 - Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before the
				expiration date of a permit, a permit holder shall complete and return the
				renewal form, pay the renewal fee, and submit any required
				documentation.
B. A person who has
				a permit to engage in the operation of a crematory or a permit as a registered
				crematory operator may renew the permit every 2 years, beginning on a date
				specified by the Office, in the following manner:
(1) Complete the renewal application
				form;
(2) Pay the nonrefundable
				renewal fee set forth in Regulation .13 of this chapter;
(3) Meet the permit requirements under
				Regulation .03, .04, or .05 of this chapter; and
(4) Submit the documentation required by
				Regulation .03, .04, or .05 of this chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.06 - Crematories - Permit and Registration Process and Fees › Section 09.34.06.10 - Lapsed Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A person who has been issued a permit and who has allowed the
				  permit to lapse for at least 6 months may apply for a permit in the following
				  manner:
A. Complete a permit
				application form;
B. Pay the permit
				fee and the late renewal fee under Regulation .12 of this chapter;
C. Meet the permit requirements under
				Regulation .03, .04, or .05 of this chapter;
D. Submit the documentation required by
				Regulation .03, .04, or .05 of this chapter;
E. Provide a full written explanation to the
				Office detailing the reasons why the permit was allowed to expire and why a
				permit is now sought; and
F. Submit
				to the Office an affidavit stating that the person did not engage in the
				operation of a crematory or act as a registered crematory operator in this
				State while the permit was lapsed.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.06 - Crematories - Permit and Registration Process and Fees › Section 09.34.06.11 - Hearings-Permit Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permit
				Denial. An applicant or permit holder applying for an initial or renewal permit
				to the Office may be denied the issuance of a permit, subject to the hearing
				provisions of Business Regulation Article, §
									5-312, Annotated
				Code of Maryland.
B. Hearing Before
				Director of Office.
(1) Except as otherwise
				provided in §B(2)-(6) of this regulation, all contested cases before the
				Director of the Office shall be governed by COMAR 09.01.02.
(2) An applicant who has been notified that a
				new or renewal permit has been or may be denied and who requests a hearing
				before the Director of the Office must file the request for a hearing not later
				than 30 days after the notice of proposed action was mailed.
(3) The Director of the Office shall send the
				hearing notice described in COMAR
				09.01.02.07B at
				least 10 days before the hearing or, if the parties have agreed to a date for
				which 10 days notice cannot be given, at the earliest time possible.
(4) The notice to an applicant that a new or
				renewal permit has been or may be denied shall state that the proposed action
				of the Director of the Office shall be affirmed if:
(a) A hearing is not requested within 30 days
				after the date the notice of proposed action was mailed; or
(b) The applicant fails to appear for the
				hearing after requesting a hearing.
(5) If, after a hearing, the proposed action
				of the Director of the Office is upheld, the appellant shall pay the hearing
				costs described in Regulation .12 of this chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.06 - Crematories - Permit and Registration Process and Fees › Section 09.34.06.12 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permit fees:
(1) Crematory permit - $350;
(2) Registered Crematory Operator permit -
				$300;
(3) Crematory permit renewal
				- $350;
(4) Registered Crematory
				Operator permit renewal - $300; and
(5) Late renewal fee - $200.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.06 - Crematories - Permit and Registration Process and Fees › Section 09.34.06.13 - Display of Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A permit holder shall display the permit conspicuously, in a
				  public area at each business address of the permit holder.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.06 - Crematories - Permit and Registration Process and Fees › Section 09.34.06.14 - Cremation Prior to Obtaining a Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A crematory may cremate the human remains of one decedent
				  prior to obtaining a permit from the Office, provided:
A. The cremation is only performed as part of
				the manufacturer's operator training course for the cremation machinery in
				which the cremation takes place; and
B. The person or persons with the right to
				final disposition of the decedent are notified and have given permission prior
				to the cremation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.07 - Crematories - Inspections, Complaints, and Discipline › Section 09.34.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs crematory inspections, the complaint
				  process, investigations, grounds for discipline, and
				  penalties.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.07 - Crematories - Inspections, Complaints, and Discipline › Section 09.34.07.02 - Inspection by the Office

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				crematory shall be available for inspection by a representative of the Office
				at any time during operating hours.
B. Each crematory shall be inspected:
(1) On at least a biennial basis;
(2) In furtherance of an investigation;
				or
(3) Upon the sale or change of
				ownership of the crematory.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.07 - Crematories - Inspections, Complaints, and Discipline › Section 09.34.07.03 - Crematory Inspection Report, Deficiencies, Violations, and Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director of
				the Office shall review the inspection report and make a determination as to
				whether a deficiency exists.
B. The
				Office shall notify the permit holder of the results of the inspection by
				providing a copy of the inspection report to the permit holder.
C. If a permit holder passes an inspection,
				the permit holder shall prominently display, in public view on the premises, a
				statement issued by the Office that the crematory has successfully passed an
				inspection.
D. If the Director of
				the Office finds a deficiency, the Director of the Office shall:
(1) Within 7 days notify the permit holder of
				the deficiency or failure to pass the inspection; and
(2) Provide a copy of the inspection report,
				notice of the deficiency, or failure to pass the inspection to the crematory
				permit holder within 30 days of completion of the inspection.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.07 - Crematories - Inspections, Complaints, and Discipline › Section 09.34.07.04 - Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. A complaint
				regarding a crematory authority or a registered crematory operator under the
				jurisdiction of the Office shall be:
(1)
				Filed by the complainant, on a form devised by the Office in compliance with
				the provisions of Business Regulation Article, §
										5-311(b),
				Annotated Code of Maryland; and
(2)
				Processed in accordance with the provisions of Business Regulation Article,
				§
										5-311(c)
				-(h), Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.07 - Crematories - Inspections, Complaints, and Discipline › Section 09.34.07.05 - Investigations

Current through Register Vol. 51, No. 14, July 12, 2024
The Office and the Board may share investigative information
				  and conduct joint investigations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.07 - Crematories - Inspections, Complaints, and Discipline › Section 09.34.07.06 - Grounds for Discipline and Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to the hearing provisions of
				Business Regulations Article, §5-312, Annotated Code of Maryland, the
				Director of the Office of Cemetery Oversight may deny a crematory permit or
				registered crematory operator permit to an applicant, reprimand any person
				required to obtain a crematory permit or registered crematory operator permit,
				or suspend or revoke a crematory permit or registered crematory operator permit
				of an applicant or permit holder, or an agent, employee, officer, director, or
				partner of the applicant or permit holder for the reasons set forth in Business
				Regulation Article, §
									5-310, Annotated
				Code of Maryland.
B. The Director
				of the Office may seek the remedies and may impose the penalties set forth in
				Business Regulation Article, Title 5, Annotated Code of Maryland, for
				violations of that title.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.08 - Crematories - Cremation Procedures › Section 09.34.08.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs the procedures to be followed by a
				  permit holder in performing a cremation in this State.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.08 - Crematories - Cremation Procedures › Section 09.34.08.02 - Removal, Identification, and Transportation of Human Remains

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of
				human remains, a permit holder, in the presence of the authorizing agent or
				representative of the funeral establishment engaging crematory services, shall:
(1) Verify that the information on the wrist
				tag of the human remains is consistent with the documentation accompanying the
				human remains and consistent with the visual observation of the human
				remains;
(2) Use a metal detector
				wand to inspect for the presence of any battery operated, implanted devices
				including pacemakers, defibrillators, or pain relief devices;
(3) Refuse to accept human remains for
				cremation if an inspection of the human remains indicates the presence of any
				battery operated, implanted device;
(4) Remove and properly dispose of any
				hazardous object or any other materials that the permitted designee of the
				crematory authority deems should be removed from the human remains or cremation
				container in order to prevent harm to the public health or damage to the
				cremator;
(5) Remove any jewelry on
				the human remains or in the cremation container;
(6) Return any removed jewelry to the
				authorizing agent or representative of the funeral establishment engaging
				cremation services; and
(7) Obtain
				a signed, itemized receipt from the authorizing agent or representative of the
				funeral establishment engaging cremation services for the removed jewelry and
				retain the receipt as a permanent record.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.08 - Crematories - Cremation Procedures › Section 09.34.08.03 - Cremation Container

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				cremation container:
(1) Shall be a readily
				combustible, rigid container suitable for cremation;
(2) Shall provide a completely enclosed
				covering for the human remains;
(3)
				Shall be resistant to leakage or spillage;
(4) Shall be of sufficient strength and
				rigidity for ease of handling;
(5)
				Shall provide protection to the health and safety of crematory establishment
				personnel;
(6) Shall comply with
				all local, State, and federal governmental emissions regulations; and
(7) May not be composed of metal or
				polyethylene material.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.08 - Crematories - Cremation Procedures › Section 09.34.08.04 - Holding Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A holding facility shall:
A. Comply with applicable public health
				laws;
B. Preserve the dignity of
				human remains;
C. Recognize the
				integrity, health, and safety of crematory establishment personnel;
				and
D. Be secure from access by
				unauthorized persons.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.08 - Crematories - Cremation Procedures › Section 09.34.08.05 - Holding Remains

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				prevented by emergency circumstances, human remains that have been designated
				for cremation shall be cremated by a crematory authority within 48 hours after
				receipt.
B. A crematory authority
				may not hold human remains for cremation unless the human remains are contained
				within an individual, rigid, stackable, closed cremation container.
C. A crematory authority may not accept a
				cremation container from which there is any evidence of leakage of the body
				fluids from the human remains therein.
D. Whenever a crematory authority is unable
				to cremate human remains within 48 hours of taking custody thereof due to
				emergency circumstances, the crematory authority shall maintain the human
				remains in a refrigerated holding facility, either on or off site, at 40° F
				or less, unless the remains have been embalmed.