Md. Code Regs. 09.34.06.05 - 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.
B. An individual
shall be registered with the Office as a registered crematory operator if the
individual:
(1) Completes an application
form;
(2) Pays the nonrefundable
application fee and any other fees due under this chapter;
(3) Is 18 years old or older;
(4) Is of good character and reputation and
lists the applicant 's previous three employers;
(5) Has achieved certification as a crematory
operator by the Cremation Association of North America (CANA), International
Cemetery, Cremation and Funeral Association (ICCFA), or other equivalent
certification recognized by the Office and the Board;
(6) Has successfully completed the operator
training course of the manufacturer of the cremator located in the crematory
with which the applicant is affiliated;
(7) States the name and mailing address of
the crematory with which the applicant is affiliated;
(8) States whether the crematory with which
the applicant is affiliated is owned or controlled by:
(a) A corporation;
(b) A partnership;
(c) A limited liability company; or
(d) A sole proprietorship;
(9) States whether the applicant
is the responsible party for the affiliated crematory; and
(10) Provides evidence to the Office of the
individual's ability to read and write.
C. Additional Requirements.
(1) An individual applying for a permit as a
registered crematory operator shall provide the Office with a detailed
description of activities including, but not limited to, whether the applicant
has:
(a) Had a license , certification,
registration, or permit of the type for which the application is being made
ever denied, suspended, or revoked by any jurisdiction;
(b) Been convicted of a felony in any State
or federal court;
(c) Been
convicted in any State or federal court of a misdemeanor directly related to
the ownership or operation of a crematory;
(d) Had any civil judgments or settlements
within the 5 years before applying for a permit which directly related to the
ownership or operation of a crematory; or
(e) Been convicted by a court in this State
of violating a usury provision under Commercial Law Article, Title 12,
Annotated Code of Maryland, or an unfair and deceptive trade practices
provision under Commercial Law Article, Title 13, Annotated Code of
Maryland.
(2) An
applicant shall submit copies of all:
(a)
Charging documents which were issued and docket entries for convictions, which
occurred before applying for a permit, for a misdemeanor or felony referred to
in §C(1)(b),(c), or (e) of this regulation;
(b) Disciplinary actions, judgments, and
final orders which occurred or were issued before applying for a permit for any
regulatory probation, suspension, or revocation referred to in §C(1)(a) of
this regulation; and
(c) Civil
judgments or settlements against the applicant within the past 5 years which
directly relate to the ownership or operation of a crematory.
(3) An individual applying for a
permit, who is designated by the crematory authority as the responsible party,
shall state the name and residential address of each employee who sells goods
or services to the public while engaging in the operation of a
crematory.
D. A
registered crematory operator may not be designated as the responsible party
for more than two crematories.
E.
An individual may be issued permits for affiliations with more than one
crematory if each affiliated crematory is owned by the same individual or
entity.
F. An individual who will
become the registered crematory operator for a crematory which was in operation
priorto the effective date of this chapter or for a crematory which has filed
an application for a permit pursuant to this chapter shall obtain the
certification and training required by §B(5) and (6) of this regulation
within 90 days from the effective date of this chapter or be subject to action
by the Office.
Notes
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