New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 64 - FUNERAL HOMES AND DISPOSERS › Part 4 - REQUIREMENTS FOR ESTABLISHMENTS AND CREMATORIES › Section 16.64.4.11 - CHANGES OF ESTABLISHMENT AND CREMATORY LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An establishment or crematory license is
				an authority granted to the person, firm partnership, corporation, association,
				joint venture, or other organization, or any combination thereof, and is not
				transferable. A change in business designation of an establishment or crematory
				or of a licensee in charge of an establishment may have the legal effect of
				attempting to transfer the license and of operating without a license.
				Therefore, all such changes shall be filed with the board on an application
				form prescribed by the board, accompanied by the required fees, within 30 days
				following any such change.
(1) Incorporation
				creates a new legal entity which requires a new license even though one or more
				stockholders, officers or directors have been previously issued a license. A
				license to practice funeral service or direct disposition held by a
				stockholder, officer of director is not authority to the corporation to operate
				as a funeral or direct disposition establishment.
(2) The organization of a partnership or
				joint venture creates a new legal entity which requires a new license, even
				though one or more of the partners have previously been issued a
				license.
(3) The dissolution of a
				corporation or partnership which has been issued a license, operates to
				terminate the license and no individual or firm may operate under such a
				terminated license.
(4) The change
				of members of a general partnership, or in the general partner membership of a
				limited partnership, either the addition or withdrawal of a partner or
				partners, establishes a new legal entity which requires a new license and such
				partnership cannot operate on a license of the former partnership.
(5) The change of ownership of fifty percent
				or more of the stock in a corporation or shares in a partnership operates to
				terminate the license and a new license is required, even if the licensee in
				charge does not change.
(6) A
				change in the licensee in charge operates to terminate the establishment
				license and the establishment can continue to operate only under a new license
				granted by the board and designating the new licensee in charge. The
				revocation, suspension, lapse or other loss of the license of the licensee in
				charge shall likewise cause a termination of the existing establishment
				license.
(7) A change in location
				of an establishment or crematory shall require a new establishment or crematory
				license.
(8) A change in the name
				of an establishment or crematory shall require a new establishment or crematory
				license.
(a) Any change in name shall not be
				announced, used, or in any way conveyed to the public until the new license is
				issued by the board.
(b) All
				advertising, signs, listings, newspaper notices, as well as all stationery,
				business cards, etc., as well as those on the internet, of an establishment or
				crematory licensed by the board shall include the name, license number and
				address of the establishment or crematory, exactly as licensed by the board,
				and all references to the new name shall be changed within 30 days following
				the board meeting at which the new license was issued.