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<regulation prefix="Regulation" num=".04" citation="COMAR 09.34.04.04" title_num="09" subtitle_num="34" chapter_num="04" heading="Professional Standards for Registered Cemeterians and Permit Holders that Own or Operate Cemeteries.">
  <paragraph num="A.">
    <text>A registered cemeterian or cemetery permit holder shall:</text>
    <paragraph num="(1)">
      <text>Maintain cemetery grounds and structures in a reasonable condition;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Keep accurate records of all sales and interments, including a map or plat which identifies the section name, lot number, and site number of each burial space in the cemetery or mausoleum or both;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Establish and maintain a record with the dates, locations, facts, and any permit required under Health-General Article, §4-215(e), Annotated Code of Maryland, relative to the relocation of human remains, including cremated human remains, from an existing burial space to another burial space;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Provide to a consumer, orally and in writing, at the time of entering into a contract for a memorial, a statement of the cemetery's policy on the use of independent monument companies;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Provide to a consumer, within 1 business day, a response to an authorization request for the installation or servicing of a foundation or burial goods;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Provide to a consumer, upon request, within 1 business day, information about the rules and regulations for a section and area of the cemetery, including the specifications, standards, and requirements, and any fees for the installation and type of memorial;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Provide, upon request, to a consumer, within 1 business day, information regarding the exact location of a burial space for the purpose of installing or servicing a memorial;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Have the same specifications, standards, and requirements for the installation of memorials in the registrant's or permit holder's cemetery regardless of who sold the memorial; and</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Disclose to a consumer, orally and in writing, at the time of entering into a contract, the number of interments that may be placed in each burial space and their disposition within a burial space.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Disclose to the owner of the burial space, in writing, if damage has occurred to the integrity of a casket, liner, vault, crypt, mausoleum space, or columbarium space within 10 days of discovery of the damage;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>If the damage which has occurred to the integrity of a casket, liner, vault, crypt, mausoleum space, or columbarium space, was caused by the actions of the cemetery, offer to repair or to supply to the owner of the burial space a reasonable and comparable alternative burial space, casket, liner, vault, crypt, mausoleum space, or columbarium space; and</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Maintain in the cemetery's office, for inspection by consumers, a current and complete listing of the rules and requirements of the cemetery including those related to memorialization, interment, memorial services, burial space embellishments, and hours of operation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A registered cemeterian or cemetery permit holder may not:</text>
    <paragraph num="(1)">
      <text>State or imply that the State requires a consumer to come to a cemetery before an interment is performed;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Charge extra fees for the storage of a casket, or the opening and closing of a burial space after hours, due to a delay in burial attributable to a breakdown of equipment or to the registrant's or permit holder's actions;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Charge a fee for disclosing any information which is needed to install or service a memorial;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Establish any policy or rule which unreasonably impedes, prohibits, or restricts anyone from viewing the lowering of a casket or participating in a funeral service at a burial space;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Knowingly or intentionally open a burial space other than that which the lot owner, next-of-kin, family, or their agent or personal representative owns or purchased for right of burial;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Knowingly or intentionally resell a burial space which has already been sold for future use or in which an interment exists;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Charge any fees relating to the installation or servicing of burial goods purchased from a registered cemetarian, registered seller, or permit holder, other than the registered cemeterian or permit holder, unless the fee is reasonable and is based on actual labor and other appropriate costs; and.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Charge a fee for any memorial care other than perpetual memorial care.</text>
    </paragraph>
  </paragraph>
</regulation>