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09.34.01.00.htm 09.34.01.00. Title 09 MARYLAND DEPARTMENT OF LABOR Subtitle 34 OFFICE OF CEMETERY OVERSIGHT Chapter 01 Registration and Permit Requirements Authority: Business Regulation Article, §5-204―5-205, 5-301―5-308, and 5-401―5-405, Annotated Code of Maryland
09.34.01.01.htm 09.34.01.01. 01 Scope.. A. This chapter governs the:. 1) Registration of individuals who operate cemeteries and provide burial goods in the State; and. 2) Application procedures for persons requiring a permit to operate a cemetery or provide burial goods in this State.B. This chapter does not apply to:. 1) A person that owns and operates a bona fide religious, nonprofit cemetery in this State;. 2) The operation of a funeral establishment in this State, including the sale of burial goods in the
09.34.01.02.htm 09.34.01.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Balance sheet" means a statement of financial position which presents assets, liabilities, and stockholders' equity or fund balance, and distinguishes current assets and current liabilities from other assets and liabilities.2) "Bona fide religious, nonprofit cemetery" means a cemetery which is owned and operated solely by a religious organization and is established as a n
09.34.01.03.htm 09.34.01.03. 03 Exception from Permit and Registration Requirements.. A. Except as provided in §C and D of this regulation, a bona fide religious, nonprofit cemetery is exempt from the permit requirements in this chapter.B. Except as provided in §C and D of this regulation, an owner, operator, or employee of a bona fide religious, nonprofit cemetery is exempt from the registration requirements of this chapter.C. A bona fide religious, nonprofit cemetery in which burials have taken pl
09.34.01.04.htm 09.34.01.04. 04 Permit―Requirements for Initial Permit of Business.. A. A corporation, limited liability company, or partnership shall receive a permit to operate a cemetery or to provide burial goods in this State if the corporation, limited liability company, or partnership meets the permit requirements in this regulation.B. A corporation, limited liability company, or partnership shall receive a permit from the Office i1) Completes an application on a form provided by the Director;.
09.34.01.05.htm 09.34.01.05. 05 Registration ― Requirements for Initial Registration of Individuals Who Operate Cemeteries or Provide Burial Goods.A. An individual shall be registered by the Office if the individual meets the registration requirements of this regulation.B. An individual shall be registered with the Office if the individual:. 1) Completes a registration application supplied by the Office;. 2) Pays the initial nonrefundable application fee and any additional fees set by the Director under
09.34.01.06.htm 09.34.01.06. 06 Business Application ― Financial Stability.. A. The following are the categories of cemeteries and burial goods businesses for purposes of determining financial stability:1) A for-profit cemetery or a cemetery which sells burial goods making initial application;. 2) A nonprofit cemetery which does not sell burial goods making initial or renewal application;. 3) A for-profit cemetery or a cemetery which sells burial goods applying for renewal of permit;. 4) A burial goods busines
09.34.01.07.htm 09.34.01.07. 07 Change of Information.. The responsible party shall notify the Office of any change in the information provided in the application for a permit or registration either before or after the issuance of a permit or registration within 1 week from the date of a change.
09.34.01.08.htm 09.34.01.08. 08 Setting of Fees.. All fees shall be set by the Director. The fee schedule is set forth in COMAR 09.34.03..
09.34.01.09.htm 09.34.01.09. 09 Renewal.. A. A person who is registered or permitted with the Office may renew registration or a permit every 2 years beginning on a date specified by the Office in the following manner:1) Complete the renewal application on a form supplied by the Director;. 2) Pay the renewal fee set in COMAR 09.34.03;. 3) Meet the initial registration or permit requirements under Regulations .04, .05, and .06 of this 4) Submit the documentation required by Regulation .06 of this chapter, and.
09.34.01.10.htm 09.34.01.10. 10 Lapsed Registration.. A person who has been registered or permitted by the Office and who has allowed the registration or permit to lapse for at least 6 months may apply for registration or a permit in the following manner:A. Complete an initial registration or permit application on a form supplied by the Office;. B. Pay the initial registration or permit fee and the late renewal fee under COMAR 09.34.03;. C. Meet the initial registration or permit require
09.34.01.11.htm 09.34.01.11. 11 Hearings. A. Registration or Permit Denial. An applicant, registrant, or permit holder applying for an initial or renewal registration or permit may be denied approval subject to the hearing provisions of Business Regulation Article, §5-311, Annotated Code of Maryland, for any of the grounds listed in Business Regulation Article, §5-310, Annotated Code of Maryland.B. Hearing Before Director.. 1) Except as otherwise provided in §B(2)6) of this regulation, all conteste
09.34.01.12.htm 09.34.01.12. 12 Display of Registration or Permit.. A registrant or permit holder shall display the registration or permit conspicuously at each business address of the registrant or permit holder.
09.34.01.9999.htm 09.34.01.9999. Administrative History Effective date: December 28, 1998 (25:26 Md. R. 1922). Chapter revised as an emergency provision effective September 1, 2001 (28:19 Md. R. 1676) emergency status expired March 1, 2002Chapter revised effective March 18, 2002 (29:5 Md. R. 503). Regulation .04B amended effective February 13, 2006 (33:3 Md. R. 241). Regulation .05C amended effective May 8, 2017 (44:9 Md. R. 438). Regulation .05D, E adopted effective February 13, 2006 (33:3 Md. R. 241).
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