Md. Code Regs. 09.34.07.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 09.34.07.03 - Crematory Inspection Report, Deficiencies, Violations, and Penalties

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.

E. Correction of Deficiency.

(1) Except as provided in this section, a crematory permit holder shall correct a deficiency within 30 days after receipt of notification or sooner as determined by the Office.

(2) The Office may require immediate correction of a deficiency if the Office considers the correction necessary in the interest of public health.

(3) The crematory permit holder may request an extension of time within which to correct a deficiency.

(4) The Office may approve an extension of time for correction of a deficiency.

(5) Upon completion of the correction of all deficiencies, the crematory permit holder shall notify the Office.

(6) Upon notification by the crematory permit holder, a representative of the Office shall re-inspect the crematory.

(7) The Office shall notify the crematory permit holder, in writing, of the results of the re-inspection report by providing a copy of a new inspection report to the crematory permit holder.

(8) If re-inspection reveals additional deficiencies not cited in the first report, the crematory permit holder shall correct those deficiencies in the time period specified by the Office unless an extension of time for correction of the additional deficiencies is requested by the crematory permit holder and approved by the Office.

F. Penalties. In the event that a crematory permit holder fails to allow an inspection of the crematory or fails to comply with a notice to correct deficiencies or violations within the time specified, the Office shall:

(1) Deem the failure to be a threat to the public health, safety, or welfare requiring immediate action;

(2) Summarily suspend the crematory permit as provided under State Government Article, § 10-226(c)(2), Annotated Code of Maryland;

(3) Provide notice of the Office's action to the crematory permit holder; and

(4) Provide the crematory permit holder a subsequent opportunity for a hearing pursuant to Business Regulation Article, § 5-312, Annotated Code of Maryland.

Md. Code Regs. 09.34.07.03

Effective date: 41:6 Md. R. 378, eff.3/31/2014