Md. Code Regs. 35.03.01.05

Current through Register Vol. 51, No. 18, September 6, 2024

Section 35.03.01.05 - Burial in a State Veterans' Cemetery

A. A grave liner is required for burial of all casketed remains in a State veterans' cemetery.

B. Burial Benefit.

(1) An eligible veteran or an eligible family member shall be furnished a burial plot, a grave liner, and interment services at no expense to the veteran, the eligible family member, or the estate of the veteran or eligible family member. Other expenses incurred in the preparation or transportation of the remains are not paid by the Department.

(2) The benefit of a no-cost burial for a veteran or eligible family member is a one-time benefit. Disinterment or reinternment in a State veterans' cemetery of a veteran or eligible family member will each incur a fee equivalent to the amount of the burial plot allowance from the U.S. Department of Veterans Affairs for burial of casketed or cremated remains in a State veterans' cemetery, effective for a date of death equivalent to the date of disinterment or reinternment of the veteran or eligible family member.

C. An eligible family member shall be buried in the plot assigned to the veteran or in the next available plot.

D. Check Policy.

(1) The Department shall accept only the following forms of payment:

(a) Funeral home business check;

(b) Cashier's check; or

(c) Money order.

(2) All checks shall be made payable to Maryland Department of Veterans Affairs before burial.

(3) The Department does not accept cash or personal checks.

E. If a burial vault is desired, arrangements for its installation shall be made independently by the veteran, surviving next of kin, legal representative, or the administrator, personal representative, or executor of the veteran's estate. The cost of the vault and installation may not be paid by the Department.

F. A burial permit is required in accordance with the regulations established by the State and local authorities before burial may be made.

G. If a veteran is to be buried in a State veterans' cemetery before verification of the veteran's eligibility, the surviving next of kin, legal representative, or the administrator, personal representative, or executor of the veteran's estate first shall agree in writing to have the remains removed from the cemetery without expense to the State if it is finally determined that the burial was not lawful under existing law and regulations.

H. If the spouse, dependent minor children, or disabled adult children precede the eligible veteran in death, the veteran shall execute an agreement electing to be buried in the same gravesite before burial may be made in a State veterans' cemetery. If the veteran decides not to abide by the agreement, or the veteran's legal representative fails to abide by that agreement, for any reason other than the unrecoverability of remains, the remains of the family member buried in the State veterans' cemetery shall be removed without cost to the State.

Md. Code Regs. 35.03.01.05

Regulation .05C amended effective December 15, 1986 (13:25 Md. R. 2662)
Regulations .05 adopted effective August 11, 2008 (35:16 Md. R. 1392); amended effective 44:11 Md. R. 526, eff. 7/1/2017; amended effective 51:7 Md. R. 321-354, eff. 4/15/2024.