Md. Code Regs. 10.29.17.02

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

Section 10.29.17.02 - Permit - Issuing Agency

A. Office of Cemetery Oversight. An individual shall obtain a permit to engage in the operation of a crematory from the Office:

(1) If the individual:

(a) Holds a permit or registration under Business Regulation Article, Title 5, Annotated Code of Maryland; and

(b) Owns a greater interest in a crematory than a licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland;

(2) If the person's ownership interest is equal to the ownership interest in the crematory of a licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland; or

(3) If the person who owns the crematory is not:

(a) A licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland; or

(b) A registrant or permit holder under Business Regulation Article, Title 5, Annotated Code of Maryland.

B. Board of Morticians and Funeral Directors. A person shall obtain a permit to engage in the operation of a crematory from the Board if the person:

(1) Is a licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland; and

(2) Owns a greater interest in a crematory than a person who holds a permit or registration under Business Regulation Article, Title 5, Annotated Code of Maryland.

C. Before obtaining a permit from the Board, a crematory may cremate the human remains of one decedent provided the:

(1) Cremation is only performed as part of the manufacturer's operator training course for the cremation machinery in which the cremation takes place; and

(2) The person or persons with the right to final disposition of the decedent are notified and have given permission before the cremation.

Md. Code Regs. 10.29.17.02

Regulation .02C adopted as an emergency provision effective August 28, 2014 (41:19 Md. R. 1075)
Regulation .02 amended effective 41:22 Md. R. 1319, eff.11/10/2014