Haw. Code R. § 11-118-7

Current through November, 2024
Section 11-118-7 - Disinterment permit application
(a) An application for a disinterment permit shall include the following information, if known. If it is unknown, indicate "Unknown" or give the best approximation on the application.
(1) Decedent's full name;
(2) Date of death;
(3) Place of death;
(4) Decedent's date of birth or age at the time of death;
(5) Decedent's sex;
(6) Decedent's race or ethnicity;
(7) Name of the applicant;
(8) Relationship of the applicant to the decedent;
(9) Current location of the remains;
(10) Intended disposition of the remains, including:
(A) Place of burial or other place where the remains will be reinterred or transferred;
(B) If the remains are to be cremated, the name of the crematory and the place where the cremated remains are to be kept or sent.
(11) Name of the person from the mortuary, mortuary authority, cemetery, or cemetery authority authorized to take charge of the remains upon their disinterment;
(12) Name of the mortuary, mortuary authority, cemetery, or cemetery authority submitting the application on behalf of the applicant;
(13) Name of the mortuary, mortuary authority, cemetery, cemetery authority, or other entity that will disinter the remains;
(14) Other information requested by the state registrar, if known, including:
(A) Decedent's spouse's name, if applicable;
(B) Decedent's father's name;
(C) Decedent's mother's full name prior to first marriage; and
(D) Cause of death.
(b) The applicant shall provide the mortuary, mortuary authority, cemetery, or cemetery authority with legal documentation of the applicant's relationship to the deceased and other information required on the application.
(c) The applicant shall attest that the applicant has the authority to disinter the remains. All survivors of equal or higher priority to the applicant, pursuant to section 11-118-4, shall consent in writing to the disinterment.
(d) The applicant shall submit for review:
(1) Decedent's death certificate if the death occurred out of state;
(2) Other applicable documentation, if needed by the department to verify the relationship of the applicant to the decedent; and
(3) The applicant's signature certifying the applicant's authority to disinter the remains and the accuracy of the information provided by the applicant for the application.
(e) A mortuary, mortuary authority, cemetery, or cemetery authority that submits an application on behalf of an applicant shall submit the documentation with the application by uploading copies of the documents in the electronic disinterment application and permit system and keep the originals for two years after the date of disinterment.
(f) A mortuary, mortuary authority, cemetery, or cemetery authority shall attest that it continues to meet the requirements of section 11-118-5 and it has reviewed and verified the accuracy of the information in the application for a disinterment permit prior to submission of the application to the state registrar.
(g) A mortuary, mortuary authority, cemetery, or cemetery authority shall identify the type of place of burial from which the remains are to be disinterred, e.g. a known, maintained, actively used cemetery or cemetery property, a family burial plot, an unmarked burial site, or other location and shall certify the accuracy of that information.
(h) An application for a disinterment permit is available on the electronic disinterment application and permit system.

Haw. Code R. § 11-118-7

[Eff 10/19/2018] (Auth: HRS §§ 321-9, 321-11, 338-25, 338-25.5) (Imp: HRS §§ 338-25, 338-25.5)