An individual shall register with the Board before the individual may engage in the operation of a crematory or reduction facility in the State.

In order to register, an applicant must: Be at least 18 years old; Be of good moral character; Achieve: Certification as a crematory operator from: The Cremation Association of North America (CANA); or The International Cemetery, Cremation, and Funeral Association (ICCFA); or An equivalent certification recognized by the Board; Be affiliated with a crematory or reduction facility operated by a registrant or permit holder; and Successfully complete any other training related to the operation of a crematory or reduction facility required by the Board in regulation. An applicant shall register by: Submitting to the Board an application on the form that the Board provides; and Paying a nonrefundable application fee and any other applicable fee set by the Board. The Board shall issue a registration to an applicant who meets the requirements of this section. A registration issued by the Board under this subsection may not be transferred from one individual to another.

While a registration is in effect, the registration authorizes the registrant to engage in the operation of a crematory or reduction facility. This subtitle does not limit the right of a person to practice funeral direction or mortuary science if the person is licensed or otherwise authorized under this title.

Unless a registration is renewed as provided in this section, the registration expires on the second anniversary of its effective date. At least 90 days before a registration expires, the Board shall mail or electronically transmit to the registrant: A renewal application form; and A notice that states: The date on which the current registration expires; and The amount of the renewal fee. If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the registrant, at the last known address of the registrant, the materials required under paragraph (1) of this subsection within 10 business days after the date the Board received the notice that the electronic transmission was undeliverable. Before a registration expires, the registrant periodically may renew it for an additional 2–year term, if the registrant: Is otherwise entitled to be registered; Meets the qualifications set forth for an original registration; Pays the renewal fee set by the Board; Submits to the Board a renewal application on the form that the Board provides; and Any other documentation that the Board requires. The Board shall renew the registration of each registrant who meets the requirements of this section.

The Board shall reinstate the registration of an individual who has failed to renew a crematory or reduction facility operator registration for any reason, if the individual: Requests that the Board reinstate the registration; Meets the applicable registration renewal requirements under § 7–3A–04 of this subtitle; Pays the reinstatement fee set by the Board; and Submits to the Board an affidavit stating that the individual, while the individual’s registration was expired, did not engage in the following in the State: Operate a crematory or reduction facility; or Act as a registered crematory or reduction facility operator.

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 Board an application form that shows a change in: The crematory or reduction facility with which a registrant is affiliated; The individual designated as the responsible party; The employees of the business who engage in the sale of cremation services to the public; The officers, boards, members, or agents of the permit holder; or The name or address of the registrant or permit holder.

Each registrant shall display the registration conspicuously at the business address of the registrant.

Subject to the hearing provisions of § 7–3A–10 of this subtitle, the Board may deny a registration to an applicant, reprimand a person subject to the registration provisions of this title, or suspend or revoke a registration if an applicant, a registrant, or an agent, an employee, an officer, a director, or a partner of the applicant or registrant: Fraudulently or deceptively obtains or attempts to obtain a registration; Fraudulently or deceptively uses a registration; Under the laws of the United States or of any state, is convicted of: A felony; or A misdemeanor that is directly related to the fitness and qualifications of the applicant or registrant to own or operate a crematory or reduction facility; Fails to provide or misrepresents any information required to be provided under this title; Violates this title; Violates the code of ethics adopted by the Board; Violates a regulation adopted under this title; Fails to provide reasonable and adequate supervision of the operation of the crematory or reduction facility; Refuses to allow an inspection required by this title; Fails to comply with an order of the Board; Is found guilty by a court in the State of violating an unfair, abusive, or deceptive trade practices provision under Title 13 of the Commercial Law Article; or Fails to comply with § 5–513 of the Health – General Article. Instead of or in addition to reprimanding a person, or suspending or revoking a registration, the Board may impose a civil penalty: Not to exceed $10,000 for each violation of this title or an order of the Board under this title; and Not to exceed $1,000 for each day a violation continues past the time set for its correction. To determine the amount of the penalty imposed under this section, the Board shall consider: The seriousness of the violation; The harm caused by the violation; The good faith efforts of the person; and Any history of previous violations by the person. Any civil penalties collected under this section shall be paid into the General Fund of the State. The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a registration or the reprimand of a registrant when an applicant or a registrant, or an agent, an employee, an officer, or a partner of an applicant or a registrant, is convicted of a felony or misdemeanor described in subsection (a)(3) of this section: The nature of the crime; The relationship of the crime to the activities authorized by this title; The length of time since the conviction; and The behavior and activities of the applicant or registrant, or any agent, employee, officer, board, or partner of an applicant or a registrant, before and after the conviction.

Subject to the provisions of this section, the Board or the Board’s designee shall commence proceedings on a complaint regarding a violation of this subtitle made by any person to the Board. A complaint shall: Be in writing; and State specifically the facts on which the complaint is based. If, after investigation, the Board determines that there is a reasonable basis to believe that there are grounds for disciplinary action under § 7–3A–08 of this subtitle, the Board shall provide the person against whom the action is contemplated notice and an opportunity for a hearing under § 7–3A–10 of this subtitle. If, after investigation, the Board determines that there is not a reasonable basis to believe that there are grounds for disciplinary action, the Board shall dismiss the complaint. The Board shall adopt guidelines that establish a schedule for the prompt and timely processing and resolution of each complaint made to the Board regarding a violation of this subtitle. On or before December 31 each year, beginning in 2028, the Board shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on: The number of complaints resolved within the schedule adopted under paragraph (1) of this subsection; The number of complaints by the type of registrant or exemption from the registration requirements of this title; The number of complaints by persons subject to, but not in compliance with, the registration requirements of this title; The nature of complaints, including whether complaints are related to the illegal recycling of graves; The type of purchase, focus of dissatisfaction, and type of resolution for complaints; The method used to resolve the complaints reported under item (i) of this paragraph; and Any disciplinary or enforcement actions taken against a registrant or a person subject to, but not in compliance with, the registration requirements of this title.

Except as otherwise provided in § 10–226 of the State Government Article, before the Board takes a final action under this subtitle, the Board shall provide the person against whom the action is contemplated notice of the Board’s proposed action and the opportunity to request a hearing before the Board. A person shall file a request for a hearing not later than 30 days after the date the notice provided under paragraph (1) of this subsection is mailed. The Board shall provide notice and conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. The Board may administer oaths in connection with a proceeding under this section. The hearing notice provided to the person under subsection (a)(1) of this section shall be sent by certified mail to the last known address of the person at least 10 days before the hearing. If a hearing is not requested within the time period specified under subsection (a)(2) of this section or if the person fails to appear for the hearing after requesting a hearing, the proposed action of the Board shall be affirmed. The person may be represented at the hearing by counsel. The Board may issue subpoenas in connection with a proceeding under this section. If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a circuit court may compel compliance with the subpoena. If, after a hearing, the proposed action by the Board is upheld, the appellant shall pay the hearing costs, as specified by the Board in regulation.