Section 5-301 – Registration

    An individual shall register with the Office before:         (1)    engaging in the operation of a cemetery or crematory in this State; or         (2)    providing burial goods in this State.

Section 5-302 – Registration Requirements

    (a)    In order to register, an applicant shall meet the requirements of this section.     (b)    The applicant must be at least 18 years old.     (c)    The applicant must be of good character and reputation.     (d)    The applicant must be affiliated with a cemetery, crematory, or burial goods business operated by a registrant or permit holder.     (e)    The cemetery, crematory, or […]

Section 5-303 – Registration Procedure

    (a)    An applicant shall register by:         (1)    submitting to the Director an application on the form that the Director provides; and         (2)    paying a nonrefundable application fee set by the Director.     (b)    The application shall state:         (1)    the name, date of birth, and residential address of the applicant;         (2)    the name and fixed address of the affiliated cemetery, crematory, or burial […]

Section 5-304 – Financial Stability

    (a)    Each applicant designated as the responsible party shall demonstrate the financial stability of the business with which the applicant is affiliated by providing the Director with a financial statement or other reports required under subsection (e) of this section with the application for registration.     (b)    If the business is a cemetery that sells burial goods and […]

Section 5-305 – Issuance of Registration

    (a)    The Director shall issue a registration to an applicant who meets the requirements of this title.     (b)    A registration issued by the Director under this title:         (1)    may not be transferred from one individual to another; but         (2)    may be transferred for the same individual from one cemetery to another.

Section 5-306 – Authority of Registrants

    (a)    While a registration is in effect, it authorizes the registrant to engage in the operation of a cemetery, crematory, or burial goods business.     (b)    This title does not limit the right of a person to practice funeral direction or mortuary science, or operate a crematory, if the person is licensed or otherwise authorized under Title 7 […]

Section 5-307 – Registration or Permit Renewal

    (a)    Unless a registration or permit is renewed as provided in this section, the registration or permit expires on the second anniversary of its effective date.     (b)    (1)    At least 90 days before a registration or permit expires, the Director shall mail or electronically transmit to the registrant or permit holder:             (i)    a renewal application form; and             (ii)    a notice […]

Section 5-308 – Changes in Application

    Within 1 week after the effective date of the change, the applicant designated as the responsible party or the registered responsible party shall submit to the Director an application form that shows a change in the:         (1)    cemetery, crematory, or burial goods business with which a registrant is affiliated;         (2)    individual designated as the responsible party;         (3)    employees […]

Section 5-309 – Display of Registration

    Each registrant and permit holder shall display the registration or permit conspicuously at the business address of the registrant or permit holder.

Section 5-310 – Denial, Suspension, and Revocation

    (a)    Subject to the hearing provisions of § 5–312 of this subtitle, the Director may deny a registration or permit to an applicant, reprimand a person subject to the registration or permit provisions of this title, or suspend or revoke a registration or permit if an applicant, registrant, or permit holder, or an agent, employee, officer, […]

Section 5-311 – Proceedings on Complaints

    (a)    Subject to the provisions of this section, the Director or the Director’s designee shall commence proceedings on a complaint made by any person to the Director.     (b)    A complaint shall:         (1)    be in writing;         (2)    state specifically the facts on which the complaint is based; and         (3)    be made under oath by the person who submits the complaint.     (c)    (1)    The […]

Section 5-312 – Hearing

    (a)    (1)    Except as otherwise provided in § 10-226 of the State Government Article, before the Director takes a final action under this subtitle, the Director shall provide the person against whom the action is contemplated notice of the Director’s proposed action and the opportunity to request a hearing before the Director.         (2)    A person shall file a […]