N.J. Admin. Code § 13:36-4.8

Current through Register Vol. 56, No. 9, May 6, 2024

Section 13:36-4.8 - Full-time licensed manager; termination; resignation; death; licensee in charge

(a) Every establishment authorized to carry on the practice of mortuary science shall be under the direct supervision of a full-time licensed manager.

(b) The manager shall be responsible for the direction, management and control of all work emanating from the establishment.

(c) Whenever the manager is terminated, resigns, or dies, the owner of the registered mortuary shall retain the services of a licensed practitioner of mortuary science who shall be responsible for directing, managing, and controlling all work performed by the establishment until such time as the manager is permanently replaced by another manager. That licensee shall be known as the licensee in charge. The owner of the mortuary shall notify the Board, in writing, within five business days of the termination, resignation, or death, of the name and license number of the licensee in charge.

(d) Whenever the manager is terminated, resigns, or dies, the owner and, as applicable, the manager or licensee in charge shall provide the new manager with the records of prepaid funeral agreements required to be maintained pursuant to N.J.A.C. 13:36-11.16no later than 10 days prior to such change, or as soon thereafter as mutually agreed upon by the parties. The owner and, as applicable, the manager or the licensee in charge shall notify the Board of compliance with this subsection at the same time that he or she files the notice of change in manager with the Board.

(e) Except as set forth in (f) below, the licensee in charge shall, within 30 days of the previous manager's termination, resignation, or death, give notice to the Board of the name of the newly designated manager and, at that time, the newly designated manager shall submit to the Board the following:

1. A letter indicating such acceptance;

2. An application to become a manager; and

3. The fee prescribed for the application.

(f) The licensee in charge may, within 30 days of previous manager's termination, resignation, or death, submit to the Board documented evidence of hardship or extenuating circumstance. The Board, if it deems such evidence acceptable, may grant the registered mortuary an extension of time up to, but not exceeding, six months after the termination, resignation, or death of the former manager in which to secure the services of a new manager. 2 Death of sole proprietor

N.J. Admin. Code § 13:36-4.8

Amended by 51 N.J.R. 880(b), effective 6/3/2019