In this Division the following words have the meanings indicated: Burial goods mean goods that are used in connection with burial. Burial goods include: Casket; A grave liner; A memorial; A monument; A scroll; An urn; and A vault. Cemetery means land used or to be used for burial. Cemetery includes a structure used or to be used for burial. Director means the Director of the Environment or the Director's designee. Engage in the operation of a cemetery means owning, controlling, or managing a cemetery, including performing activities necessary for: The establishment or improvement of a cemetery; Interment; and The care, preservation, or embellishment of a cemetery. Interment means all final disposition of human remains, including: Earth burial; Mausoleum entombment; and Niche or columbarium interment. Permit means a permit issued by the Director to allow a person to engage in the operation of a cemetery or provide burial goods. Preneed goods mean burial goods that are sold before the buyer's death. Preneed goods do not include burial space. Provide burial goods means: To sell, erect, or inscribe burial monuments; To sell burial goods.

The registration and permitting provisions of this Division do not apply to: A person who owns and operates a bona fide religious, nonprofit cemetery in the County and does not sell preneed goods; A not-for-profit organization created before 1900 by an act of the General Assembly; The operation of a funeral establishment, including the sale of burial goods in the ordinary course of the funeral establishment's business; A person currently and validly licensed to engage in the operation of a cemetery or provide burial goods pursuant to Title 5 of the Business Regulation Article of the Annotated Code of Maryland.

The Director shall adopt rules and regulations to carry out this Division. The Director may conduct an investigation and an inspection of the records and site of a person engaged in the operation of a cemetery. The Director may issue a subpoena for the attendance of a witness to testify or for the production of evidence in connection with any investigation or hearing conducted in accordance with this Section. If a person fails to comply with a subpoena issued under this Subsection, on petition of the Director, a circuit court may compel compliance with the subpoena. The Director may sue in the name of the County to enforce any provision of this Division by injunction. The Director may issue a cease and desist order if the Director finds a violation of this Division. The Director may issue a civil citation if the Director finds a violation of this Division. The Director may refer to the Office of Law a violation of this Division for enforcement and an alleged unfair or deceptive trade practice under State or County law. The Director shall maintain a list of all permit holders.

A person shall register with the Director before engaging in the operation of a cemetery in the County or providing burial goods in the County.

In order to register, an applicant shall meet the requirements of this Section. The applicant must be at least 18 years old. The applicant must be of good character and reputation. The cemetery or burial goods business with which the applicant is affiliated must be financially stable in accordance with Section 12-207 of this Subtitle.

An applicant shall register by: Submitting to the Director an application on the form that the Director provides; and Paying a nonrefundable application fee of Five Hundred Dollars ($500.00). The application shall state: The name, date of birth, and residential address of the applicant; The name and fixed address of the affiliated cemetery or burial goods business; Whether the cemetery or burial goods business with which the applicant is affiliated is owned or controlled by a partnership, limited liability company, or corporation; The name and residential address of each employee who sells cemetery goods or services to the public for the applicant while engaging in the operation of a cemetery or burial goods business; and Any other reasonable information that the Director determines is necessary to carry out this Division.

Each applicant shall demonstrate the financial stability of the cemetery or burial goods business with which the applicant is affiliated by providing the Director with a financial statement with the application for registration. If the applicant is an existing business, the financial statement shall: Be on the form that the Director requires; Contain a statement by a certified public accountant employed by the applicant, detailing the assets and liabilities of the cemetery or burial goods business for the last fiscal year; and Contain an opinion by the certified public accountant as to the financial stability of the cemetery or burial goods business. If the applicant is a new business, the financial statement shall: Be on a form that the Director requires; and Satisfy criteria that the Director adopts to determine the financial stability of applicants that are new businesses or existing businesses.

The Director shall issue a permit to an applicant who meets the requirements of this Division.

Subject to the provisions of this Section, a person may engage in the operation of a cemetery or burial goods business as a sole proprietor or through: A corporation as an officer, director, employee, or agent of the corporation; A limited liability company as a member, employee, or agent of the limited liability company; or A partnership as a partner, employee, or agent of the partnership. Subject to the provisions of this Division, a corporation, limited liability company, or partnership may engage in the operation of a cemetery or burial goods business through a registered person. A registered person who engages in the operation of a cemetery through a corporation, limited liability company, or partnership under this Division is subject to all of the provisions of this Division that relate to engaging in the operation of a cemetery or the provision of burial goods. A corporation, limited liability company, or partnership that engages in the operation of a cemetery or burial goods business under this Division is not, by its compliance with this Division, relieved of any responsibility that the corporation, limited liability company, or partnership may have for an act or an omission by its officer, director, member, partner, employee, or agent. An individual who engages in the operation of a cemetery or burial goods business through a corporation, limited liability company, or partnership is not, by reason of the individual's employment or other relationship with the corporation, limited liability company, or partnership, relieved of any individual responsibility that the individual may have regarding that practice.

Each permit holder shall submit a report to the Director within 120 days after the close of each calendar or other fiscal year chosen by the permit holder. The report shall: Be on the form that the Director requires; Be accompanied by a fee of One Hundred Dollars ($100.00); and Include the name of the permit holders and each location of the permit holder.

If the Director finds that a permit holder has violated this Division, the Director may refer the matter to: The County Attorney for civil enforcement; or The State's Attorney for criminal prosecution. The County Attorney may sue for, and a court may grant: Injunctive or other equitable relief; Imposition of a civil penalty not exceeding Five Thousand Dollars ($5,000.00); or Both.

A permit holder may not sell or offer to sell to a member of the public a burial lot or burial right in a cemetery and represent to the public in any way, express or implied, that the cemetery or the burial lot or burial right in the cemetery will have perpetual care unless the registered permit holder has provided adequately for that perpetual care.

A person may not establish or operate a public or private cemetery or allow a public or private cemetery to be operated in violation of this Division. Except as otherwise provided in this Division, an individual may not engage in the operation of a cemetery or engage in a burial goods business or attempt to provide burial goods unless the individual is a permit holder. Unless a person is a permit holder, a person may not represent to the public, by use of a title, by description of services, methods, or procedures, or otherwise, that the person is authorized to engage in the operation of a cemetery or provide burial goods. No person may conduct an interment without holding a valid and unexpired permit issued pursuant to this Division. No person may perform a disinterment without the prior written approval of the Director, the Health Officer, and the State's Attorney for Prince George's County. In addition to notification of authorities required pursuant to State law, a person engaged in the operation of a cemetery shall notify the Director promptly of excavation on cemetery property that disinters loose human remains. The Director shall notify appropriate authorities. A person engaged in the operation of a cemetery shall make reasonable efforts to identify the loose human remains and shall reinter or dispose of the loose human remains in a manner consistent with State law and rules adopted by the Director.

A person who violates this Division is guilty of a misdemeanor and on conviction is subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment not to exceed six (6) months, or both.