Maryland Administrative Code

.03 Imposition of Penalties on Licensees. A. A penalty of not less than $100 or more than $2,500 may be imposed by the Board on a licensee found in violation of any of the following: (1) Advertising falsely; (2) Advertising in a misleading manner; (3) Employing, paying, or offeri…

.04 Factors to be Considered in the Assessment of a Penalty. In those cases in which the Board determines that the imposition of a penalty is appropriate, the Board shall take into consideration the following factors, without limitations, in determining the amount of penalty: A. …

.05 Payment of a Penalty. A. A licensee shall pay to the Board a penalty imposed under these regulations as of the date the Board's order is issued, unless the Board's order specifies otherwise. B. Filing an appeal under State Government Article, §10-215, Annotated Code of Maryla…

.01 Scope. This chapter applies to the handling of all complaints against licensees of the State Board of Morticians and Funeral Directors.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means Health Occupations Article, Title 7, Annotated Code of Maryland. (2) “Board” means the Board of Morticians and Funeral Directors. (3) “Cease and desist letter” …

.03 Filing of Complaint. A. A complaint may come to the Board by any means from the public or a Board member. B. A complaint received by the Board shall be recorded on a complaint log. C. When the complaint to the Board against a licensee is filed, the complaint will be completed…

.04 Disposition of Complaint by Complaint Committee. A. Upon receipt of a complaint, the administrative personnel shall present the complaint to the Complaint Committee of the Board. B. The Committee shall review the complaint and make a determination as to whether the complaint …

.05 Board Action on Complaints. A. The Board, upon receipt of the Committee's recommendations, shall take one of the following actions: (1) Accept the Committee's recommendations; (2) Accept the Committee's recommendation with modifications; or (3) Reject the Committee's recommen…

.06 Confidentiality. A. A disposition agreement remains confidential and may only be released to the public if the licensee is found guilty of a violation of a provision of the agreement or subsequent violation of the Act, after a hearing, pursuant to Health Occupations Article, …

.01 Scope. This chapter governs advertising by all persons licensed by the Board of Morticians and Funeral Directors in Maryland.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Advertising” means calling to the attention of the public the services one has to offer. (2) “Board” means the Board of Morticians. (3) Licensee. (a) “Licensee” means a li…

.03 Advertising. A. A licensee may: (1) Advertise mortuary science services subject to the provisions of this regulation; (2) Use the initials LM or LFD after their name to indicate that the licensee is authorized to practice mortuary science or funeral direction as a: (a) Licens…

.04 Solicitation. A. A licensee may not engage in solicitation, including, but not limited to, in-person, telephone, or direct mail solicitation which: (1) Amounts to fraud, undue influence, intimidation, or overreaching; or (2) Contains statements which would be improper under R…

.05 Prohibitions. A. A licensee is prohibited from: (1) Soliciting mortuary science business from a dying individual or the relatives of a dying individual other than through general advertising; (2) Employing, paying, or offering to pay a person to obtain business, either in gen…

.06 Penalties for Violation. A violation of these regulations pertaining to the use of advertising may result in disciplinary action against the licensee under Health Occupations Article, §7-316, Annotated Code of Maryland.

.01 Scope. A. This chapter applies to the Rehabilitation Committee of the Board of Morticians and Funeral Directors. B. The President of the Board shall appoint the Rehabilitation Committee members. C. The Rehabilitation Committee is a panel which consists of a licensee member an…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the Board of Morticians and Funeral Directors. (2) “Committee” means the Rehabilitation Committee of the Board. (3) “Formal agreement” means a written agreeme…

.03 Functions. A. The Committee, without cost to the Board, shall provide appropriate rehabilitative assistance to impaired practitioners. B. The Committee shall: (1) Make an initial review of the nature of the practitioner's impairment to determine an appropriate course of actio…

.04 Criteria. A. Admission to the program may be the result of: (1) Self-referral; (2) Formal complaint; or (3) Referral by the Board. B. If participation in the program is a result of a voluntary action by an impaired practitioner, which results in a formal agreement with the Co…

.01 Scope. A. This chapter permits the Board to disclose investigative information to other agencies, or other entities, or both, under certain circumstances. B. A custodian may disclose information in a licensing or investigative file if the custodian determines that a compellin…

.02 Disclosure for Compelling Public Purpose. The custodian may find that a compelling public purpose warrants disclosure of information in a licensing or investigative file, regardless of whether there has been a request for the information, and may disclose the information unde…

.03 Other Disclosures. This chapter does not prevent or limit the ability of the Board to disclose general licensing information as provided in General Provisions Article, §4-333, Annotated Code of Maryland, or any information which the Board may otherwise disclose by law.

.01 Scope. A. This chapter governs the collection of fees from licensed funeral establishments for claimants to recover compensation from the Family Security Trust Fund for an actual pre-need trust fund loss that occurred in this State due to theft, embezzlement, false pretenses,…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Advisory Committee” means a committee comprised of three Board members and a representative from two of the trade associations which is assisted by Board Counsel provided …

.03 Mandatory Fees. A. A licensed funeral establishment may not be exempt from the fees outlined in this regulation. B. The Board shall send out fee notices to the licensed establishments via first class mail or by any electronic means by September 1. C. Annual payments shall be …

.04 The Family Security Trust Fund. A. The Board shall: (1) Collect the mandatory contributions; (2) Deposit the funds; (3) Track interest; and (4) Process claims for loss that occurred on or after January 1, 2010. B. All fees shall be deposited with the State Treasurer into a se…

.05 Filing a Claim. A. Complaints shall be processed pursuant to COMAR 10.29.11. B. The Board shall issue a final order against a licensee for violation involving a transaction that relates to preneed funeral planning that occurred in the State and falls within its jurisdiction. …

.06 Hearings. Hearings shall be conducted in accordance with Health Occupations Article, §7-319, Annotated Code of Maryland.

.07 Restitution. A. A claimant may receive compensation from the Fund for an actual preneed trust fund loss that occurred on or after January 1, 2010. All payments shall be a matter to be decided by the full Board in its discretion. B. Restitution may only be obtained from the Fu…

.08 Recovery of Funds. A. In the event restitution is made to a claimant under this chapter, the Board may bring action to the extent authorized by statute against any person, including a licensee who is determined by the Board to be responsible for the claim. B. A licensee found…

.01 Scope. This chapter defines terms used in COMAR 10.29.17 — COMAR 10.29.20.

.02 Definitions. A. In COMAR 10.29.17 — COMAR 10.29.20, the following terms have the meanings indicated. B. Terms Defined. (1) “Advertising” means the publication, dissemination, or circulation of any oral or written matter, including labeling, which directly or indirectly calls …

.01 Scope. This chapter governs the crematory permit process and fees for persons regulated under Health Occupations Article, Title 7, Annotated Code of Maryland.

.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 Mar…

.03 Permit — Requirements for Permit. A. Subject to approval of the Board, a person shall receive a permit to operate a crematory in this State if the person meets the permit requirements of this chapter. B. A person shall: (1) Submit an application on a form provided by the Boar…

.04 Requirements for Registration of a Registered Crematory Operator. A. An individual may be registered by the Board as a crematory operator if the individual meets the requirements of this regulation. B. The permit issued by the Board shall specify whether the individual’s trai…

.05 Change of Information. The permit holder or registered crematory operator shall notify the Board of any change in the information provided in the application either before or after the issuance of a permit or registration within a reasonable period of time but not to exceed 7…

.06 Renewals. A. Before the expiration date of the permit or a registration, a permit holder or a registered crematory operator shall: (1) Complete and return the renewal form; (2) Pay the non-refundable renewal fee set forth in Regulation .08 of this chapter; and (3) Submit any …

.07 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 by doing the following: A. Completing a permit application form; B. Paying the permit fee and the late renewal fee set forth in Regulation…

.08 Fees. The following fees are established by the Board: A. Initial permit or registration and renewal fees: (1) Crematory permit — $350; (2) Registered crematory operator — $300; (3) Crematory permit renewal — $350; (4) Registered crematory operator renewal — $300; and (5) Lat…

.09 Display of Permit. A permit and registration, as well as any other permit or license required by local, State, or federal agencies, shall be conspicuously displayed in a public area on the crematory premises.

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

.02 Inspection by the Board. A. A crematory shall be available for inspection by a representative of the Board at any time during operating hours. B. A crematory shall be inspected: (1) On at least a biennial basis; (2) In furtherance of an investigation; or (3) Upon the sale or …

.03 Crematory Inspection Report, Deficiencies, and Penalties. A. The Board shall review the inspection report and make a determination as to whether a deficiency exists. B. The Board shall notify the permit holder of the results of the inspection by providing a copy of the inspec…

.04 Complaints. A. If the permit holder was issued a permit by the Board, a complaint shall be: (1) Filed in compliance with the provisions of COMAR 10.29.11.03; and (2) Processed in accordance with the provisions of COMAR 10.29.11.04. B. The Board may initiate a complaint or inv…

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

.06 Grounds for Discipline, Hearing, and Penalties. A. Pursuant to the provisions of Health Occupations Article, §§7-316 and 7-319, Annotated Code of Maryland, the Board may: (1) Deny an applicant: (a) A crematory permit; or (b) A crematory operator registration; (2) Reprimand an…