Maryland Administrative Code

.05 Permit — Requirements for Registration for a Registered Crematory Operator. A. An individual shall register with and receive a permit from the Office as a registered crematory operator if the individual meets the registration requirements of this regulation. The permit shall …

.06 Permit — Requirements for Permit for a New Crematory Owned by a Corporation, Limited Liability Company, or Partnership. A. A corporation, limited liability company, or partnership shall receive a permit to operate a new crematory in this State if the corporation, limited liab…

.07 Permit — Requirements for a New Crematory Owned by a Sole Proprietor. A. A sole proprietor applicant for a new crematory shall receive a permit to operate if the sole proprietor applicant meets the permit requirements of this regulation. B. A sole proprietor shall receive a p…

.08 Change of Information. The responsible party shall notify the Office of any change in the information provided in the application for permit for a crematory or for a permit as a registered crematory operator, either before or after the issuance of a permit, within 1 week of t…

.09 Renewal. A. Before the expiration date of a permit, a permit holder shall complete and return the renewal form, pay the renewal fee, and submit any required documentation. B. A person who has a permit to engage in the operation of a crematory or a permit as a registered crema…

.10 Lapsed Permit. A person who has been issued a permit and who has allowed the permit to lapse for at least 6 months may apply for a permit in the following manner: A. Complete a permit application form; B. Pay the permit fee and the late renewal fee under Regulation .12 of thi…

.11 Hearings — Permit Denial. A. Permit Denial. An applicant or permit holder applying for an initial or renewal permit to the Office may be denied the issuance of a permit, subject to the hearing provisions of Business Regulation Article, §5-312, Annotated Code of Maryland. B. H…

.12 Fees. A. Permit fees: (1) Crematory permit — $350; (2) Registered Crematory Operator permit — $300; (3) Crematory permit renewal — $350; (4) Registered Crematory Operator permit renewal — $300; and (5) Late renewal fee — $200. B. Miscellaneous fees: (1) Replacement of permit …

.13 Display of Permit. A permit holder shall display the permit conspicuously, in a public area at each business address of the permit holder. Cross References 09.34.06.09B(2)

.14 Cremation Prior to Obtaining a Permit. A crematory may cremate or hydrolyze the human remains of one decedent prior to obtaining a permit from the Office, provided: A. The cremation or alkaline hydrolysis is only performed as part of the manufacturer’s operator training cours…

.01 Scope. This chapter governs crematory inspections, the complaint process, investigations, grounds for discipline, and penalties.

.02 Inspection by the Office. A. A crematory shall be available for inspection by a representative of the Office at any time during operating hours. The permit holder or registered crematory operator shall be available to accompany the inspector during the inspection and sign the…

.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 …

.04 Complaints. A. A complaint regarding a permit holder or a registered crematory operator under the jurisdiction of the Office shall be: (1) Filed by the complainant, on a form devised by the Office in compliance with the provisions of Business Regulation Article, §5-311(b), An…

.05 Investigations. The Office and the Board may share investigative information and conduct joint investigations.

.06 Grounds for Discipline and Penalties. A. Subject to the hearing provisions of Business Regulations Article, §5-312, Annotated Code of Maryland, the Director of the Office of Cemetery Oversight may deny a crematory permit or registered crematory operator permit to an applicant…

.01 Scope. This chapter governs the procedures to be followed by a permit holder in performing a cremation or alkaline hydrolysis in this State.

.02 Removal, Identification, and Transportation of Human Remains. A. Upon receipt of human remains, a permit holder, in the presence of the authorizing agent or representative of the funeral establishment engaging crematory services, shall: (1) Verify that the information on the …

.03 Crematory Containers. A. A cremation container: (1) Shall be a readily combustible, rigid container suitable for cremation; (2) Shall provide a completely enclosed covering for the human remains; (3) Shall be resistant to leakage or spillage; (4) Shall be of sufficient streng…

.04 Holding Facilities. A holding facility shall: A. Comply with applicable public health laws; B. Preserve the dignity of human remains; C. Recognize the integrity, health, and safety of crematory establishment personnel; and D. Be secure from access by unauthorized persons.

.05 Holding Remains. A. Unless prevented by emergency circumstances, human remains that have been designated for cremation or alkaline hydrolysis shall be cremated or hydrolyzed by a permit holder within 48 hours after receipt. B. A permit holder may not hold human remains for cr…

.06 Identification of Human Remains Immediately Prior to Cremation or Alkaline Hydrolysis. A. Immediately prior to being placed within the cremator or alkaline hydrolysis unit, a designee of the permit holder shall: (1) Verify the identification of the human remains; and (2) Plac…

.07 Crematory Services Authorization. A. Except as otherwise provided in this regulation, a permit holder may not cremate or hydrolyze human remains until: (1) The body has been identified as required by Health Occupations Article, §7-411, Annotated Code of Maryland; (2) The crem…

.08 Record of Receipt of Remains. A. A permit holder shall provide to an individual who delivers human remains for cremation or alkaline hydrolysis a receipt signed by both the permit holder and the person who delivered the human remains, that includes the: (1) Name of the indivi…

.09 Use of a Casket; Embalming. A. Except as provided in §B of this regulation, a permit holder may not: (1) Require that human remains be placed in a casket before cremation or that human remains be cremated in a casket; (2) Refuse to accept human remains for cremation because t…

.10 Disposition of Processed Human Remains. A. Upon completion of the cremation or alkaline hydrolysis, insofar as is possible: (1) All of the recoverable residue of the cremation or alkaline hydrolysis process shall be: (a) Removed from the cremator or alkaline hydrolysis unit; …

.11 Tools. A. A crematory offering cremation shall maintain, at its own expense, the following tool inventory: (1) Safety placement tool measuring a minimum of 49 inches in length; (2) Wire brushes for cleaning cremators; (3) Brush with fine bristles for cleaning pulverizers; (4)…

.12 Visitors. A. The crematory permit holder or registered crematory operator shall: (1) Submit to the Office the number of persons not affiliated with the operation of the crematory who can safely be within the same room and within 10 feet of the cremator door; and (2) Verify to…

.01 Scope. This chapter governs any person who holds a permit, pursuant to Business Regulation Article, Title 5, Annotated Code of Maryland, to engage in the operation of a crematory or to act as a registered crematory operator.

.02 General Professional Practices. A. A permit holder shall: (1) Act in a manner that respects and protects the dignity of a decedent and the decedent’s family; (2) Conduct business in a reasonable, usual, and customary manner; (3) Comply with the State public health laws as set…

.01 Scope. This chapter governs the definitions of terms used in COMAR 09.34.11, COMAR 09.34.12, COMAR 09.34.13, and COMAR 09.34.14.

.02 Definitions. A. In COMAR 09.34.11, COMAR 09.34.12, COMAR 09.34.13, and COMAR 09.34.14, the following terms have the meanings indicated. B. Terms Defined. (1) “Advertisement” means the publication, dissemination, or circulation of any oral or written matter, including labeling…

.01 Scope. This chapter governs the permit process for persons, regulated under Business Regulation Article, Title 5, Annotated Code of Maryland, who operate a reduction facility in the State and the fees for reduction facilities and registered reduction operator permits.

.02 Permit Issuing Agency. A. A person who holds a permit or registration under Business Regulation Article, Title 5, Annotated Code of Maryland, and owns a greater interest in a reduction facility than a licensee under Health Occupations Article, Title 7, Annotated Code of Maryl…

.03 Permit Requirements for a Reduction Facility Owned by a Corporation, Limited Liability Company, or Partnership. A. A corporation, limited liability company, or partnership shall receive a permit to operate a reduction facility in this State if the corporation, limited liabili…

.04 Permit Requirements for a Reduction Facility Owned by a Sole Proprietor. A. A sole proprietor applicant for a reduction facility permit shall receive a permit to operate a reduction facility in this State if the sole proprietor applicant meets the permit requirements of this …

.05 Permit Requirements for Registration for a Registered Reduction Operator. A. An individual shall register with and receive a permit from the Office as a registered reduction operator if the individual meets the registration requirements of this regulation. B. An individual sh…

.06 Permit Requirements for a New Reduction Facility. A. A sole proprietor, corporation, limited liability company, or partnership shall receive a permit to operate a new reduction facility in this State if the sole proprietor, corporation, limited liability company, or partnersh…

.07 Surety Bond Requirements. A. With each application for a new permit and renewal for an existing permit, a permit holder or an applicant shall provide proof of a surety bond with the Office. B. Surety Bond. (1) The bond shall run to the Office, as obligee, for the benefit of: …

.08 Change of Information. The responsible party shall notify the Office of any change in the information provided in the application for permit for a reduction facility or for a permit as a registered reduction operator, either before or after the issuance of a permit, within 1 …

.09 Renewal. A. Before the expiration date of a permit, a permit holder shall complete and return the renewal form, pay the renewal fee, and submit any required documentation. B. A person who has a permit to engage in the operation of a reduction facility or a permit as a registe…

.10 Lapsed Permit. A person who has been issued a permit and who has allowed the permit to lapse for at least 6 months may apply for a permit in the following manner: A. Complete a permit application form; B. Pay the permit fee and the late renewal fee under Regulation .12 of thi…

.11 Hearings—Permit Denial. A. Permit Denial. An applicant or permit holder applying for an initial or renewal permit to the Office may be denied the issuance of a permit, subject to the hearing provisions of Business Regulation Article, §5-312, Annotated Code of Maryland. B. Hea…

.12 Fees. A. Permit fees: (1) Initial and renewal reduction facility permit – $350; (2) Initial and renewal registered reduction operator permit – $300; and (3) Late renewal fee – $200. B. Miscellaneous fees: (1) Replacement of permit – $50; (2) Returned check fee – $50; (3) Addi…

.13 Display of Permit. A permit holder shall display the permit conspicuously, in a public area at each business address of the permit holder.

.14 Reduction Prior to Obtaining a Permit. Reduction facilities may perform the natural organic reduction of one decedent prior to obtaining a permit from the Office provided: A. The natural organic reduction is only performed as part of the manufacturer’s operator training cours…

.01 Scope. This chapter governs reduction facility inspections, the complaint process, investigations, grounds for discipline, and penalties.