<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 09.34.06.05" title_num="09" subtitle_num="34" chapter_num="06" heading="Permit — Requirements for Registration for a Registered Crematory Operator.">
  <paragraph num="A.">
    <text>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. The permit shall specify whether the individual’s training and registration required by this chapter permits the individual to operate a cremator, alkaline hydrolysis unit, or both.</text>
  </paragraph>
  <paragraph num="B.">
    <text>An individual shall be registered with the Office as a registered crematory operator if the individual:</text>
    <paragraph num="(1)">
      <text>Completes an application form;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Pays the nonrefundable application fee and any other fees due under this chapter;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Is 18 years old or older;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Is of good character and reputation and provides at least three character references from employers, community leaders, or professional societies, that the applicant is an individual of good character and reputation;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Has achieved certification as a crematory operator by the Cremation Association of North America, International Cemetery, Cremation and Funeral Association, or other equivalent certification recognized by the Office and the Board;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Has successfully completed the operator training course of the manufacturer of the cremator or alkaline hydrolysis unit located in the crematory with which the applicant is affiliated;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>States the name and mailing address of the crematory with which the applicant is affiliated;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>States whether the crematory with which the applicant is affiliated is owned or controlled by:</text>
      <paragraph num="(a)">
        <text>A corporation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A partnership;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A limited liability company; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A sole proprietorship; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>States whether the applicant is the responsible party for the affiliated crematory.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Additional Requirements.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Been convicted of a felony in any State or federal court;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Been convicted in any State or federal court of a misdemeanor directly related to the ownership or operation of a crematory;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>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</text>
      </paragraph>
      <paragraph num="(e)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An applicant shall submit copies of all:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Civil judgments or settlements against the applicant within the past 5 years which directly relate to the ownership or operation of a crematory.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>An individual applying for a permit, who is designated by the permit holder 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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>A registered crematory operator may not be designated as the responsible party for more than two crematories.</text>
  </paragraph>
  <paragraph num="E.">
    <text>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.</text>
  </paragraph>
</regulation>