Subject to the provisions of this section, a registered crematory operator or registered reduction operator may engage in the operation of a crematory or reduction facility as a sole proprietor or through: A corporation as an officer, a board, an employee, or an agent of the corporation; A limited liability company as a member, an employee, or an agent of the limited liability company; or A partnership as a partner, an employee, or an agent of the partnership. Subject to the provisions of this title, a corporation, limited liability company, or partnership may engage in the operation of a crematory or reduction facility through a registered crematory operator or registered reduction operator. A registered crematory operator who engages in the operation of a crematory through a corporation, limited liability company, or partnership under this title is subject to all of the provisions of this title that relate to engaging in the operation of a crematory. A registered reduction operator who engages in the operation of a reduction facility through a corporation, limited liability company, or partnership under this title is subject to all of the provisions of this title that relate to engaging in the operation of a reduction facility. A corporation, limited liability company, or partnership that engages in the operation of a crematory or reduction facility under this title is not, by its compliance with this title, relieved of any responsibility that the corporation, limited liability company, or partnership may have for an act or an omission by its officer, board, member, partner, employee, or agent. An individual who engages in the operation of a crematory or reduction facility 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.

A corporation, limited liability company, or partnership shall obtain a permit issued by the Board before the corporation, limited liability company, or partnership may engage in the operation of a crematory or reduction facility in the State.

To qualify for a permit, a corporation, limited liability company, or partnership shall: Designate a separate registered crematory operator or registered reduction operator as the responsible party for the operations of each affiliated crematory or reduction facility; Provide the name and business address of each affiliated crematory or reduction facility; Provide a list of the officers, boards, members, partners, agents, and employees of the entity applying for the permit; and Provide a certificate of status issued by the State Department of Assessments and Taxation that: Indicates the entity is in good standing, or its equivalent as determined by the Board; and Is dated not more than 30 days before the date on which the application was submitted. An applicant for a permit shall submit to the Board: An application on the form that the Board provides; and An application fee as set by the Board.

Unless a permit is renewed as provided in this section, the permit expires on the second anniversary of its effective date. At least 90 days before a permit expires, the Board shall mail or electronically transmit to the permit holder: A renewal application form; and A notice that states: The date on which the current permit 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 permit holder, at the last known address of the permit holder, 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 permit expires, the permit holder periodically may renew it for an additional 2–year term, if the permit holder: Is otherwise entitled to receive a permit; Meets the qualifications set forth for an original permit; Pays the renewal fee set by the Board; and Submits to the Board: A renewal application on the form that the Board provides; and Any other documentation the Board requires. The Board shall renew the permit of each permit holder who meets the requirements of this section.

The Board shall reinstate the permit of a crematory or reduction facility that has failed to renew its permit for any reason, if the permit holder: Requests that the Board reinstate the permit; Meets the applicable permit renewal requirements under this subtitle; Pays the reinstatement fee set by the Board; and Submits to the Board an affidavit stating that the permit holder did not engage in the operation of a crematory or reduction facility in the State while its permit was expired.

Each permit holder shall display the permit conspicuously at the business address of the permit holder.

Subject to the hearing provisions of § 7–3B–09 of this subtitle, the Board may deny a permit to an applicant, reprimand a person subject to the permit provisions of this title, or suspend or revoke a permit if an applicant, a permit holder, or an agent, an employee, an officer, a director, or a partner of the applicant or permit holder: Fraudulently or deceptively obtains or attempts to obtain a permit; Fraudulently or deceptively uses a permit; 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 permit holder 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 this 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. If a person is charged with a violation of this title that could result in suspension or revocation of a permit, the Board may seek an immediate restraining order in a circuit court in this State to prohibit the person from engaging in the operation of any crematory or reduction facility. The restraining order is in effect until: The court lifts the order; or The charges are adjudicated or dismissed. Instead of or in addition to reprimanding a person, or suspending or revoking a permit, 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 permit or the reprimand of a permit holder when an applicant or a permit holder, or an agent, an employee, an officer, or a partner of an applicant or a permit holder, 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 permit holder, or any agent, employee, officer, or partner of an applicant or a permit holder, 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 § 7–3B–07 of this subtitle, the Board shall provide the person against whom the action is contemplated notice and an opportunity for a hearing under § 7–3B–09 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 permit holder, or exemption from the permit requirements of this title; The number of complaints by persons subject to, but not in compliance with, the permit 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 permit holder, or a person subject to, but not in compliance with, the permit 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.