Chapter 06. Crematories — Permit and Registration Process and Fees
Regulation .01 Scope.LinkCopy Citation
This chapter governs the permit process for persons, regulated under Business Regulation Article, Title 5, Annotated Code of Maryland, who operate a crematory in the State and the fees for crematory and registered crematory operator permits.
Regulation .02 Permit Issuing Agency.LinkCopy Citation
A.
A person who holds a permit or registration under Business Regulation Article, Title 5, Annotated Code of Maryland, and owns a greater interest in a crematory than a licensee under Health Occupations Article, Title 7, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a crematory from the Office.
B.
A person whose ownership interest in a crematory is equal to the ownership interest in the crematory of a licensee under Health Occupations Article, Title 7, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a crematory from the Office.
C.
A person who owns a crematory and is neither a licensee under Health Occupations Article, Title 7, Annotated Code of Maryland, nor a registrant or permit holder under Business Occupations Article, Title 5, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a crematory from the Office.
D.
A person who is a licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland, and owns a greater interest in a crematory than a person who holds a permit or registration under Business Regulation Article, Title 5, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a crematory from the Board.
E.
An individual, who is designated as the registered crematory operator by a person required to obtain a permit to operate a crematory from the Office, shall obtain a registered crematory operator permit from the Office.
F.
All operating crematories and individuals designated as the registered crematory operator required to obtain a permit from the Office shall apply to the Office for a permit.
G.
A permit issued by the Office shall specify if the crematory is authorized to offer and perform either cremation services, alkaline hydrolysis services, or both.
Regulation .03 Permit — Requirements for Permit for a Crematory Owned by a Corporation, Limited Liability Company, or Partnership.LinkCopy Citation
A.
A corporation, limited liability company, or partnership shall receive a permit to operate a crematory in this State if the corporation, limited liability company, or partnership meets the permit requirements of this regulation.
B.
A corporation, limited liability company, or partnership shall receive a permit if the entity:
(1)
Completes an application form;
(2)
Pays the nonrefundable application fee and any other fees due under this chapter;
(3)
Provides the name, address, and phone number of each affiliated crematory;
(4)
Designates a registered crematory operator as the responsible party for each affiliated crematory provided that:
(a)
The registered crematory operator may not be designated as the responsible party for more than a total of two crematories; and
(b)
A registered crematory operator shall be registered to operate a cremator, an alkaline hydrolysis unit, or both;
(5)
Provides a list of the officers, directors, members, partners, agents, and employees of the entity applying for the permit;
(6)
Provides a certificate of status, issued by the Maryland Department of Assessments and Taxation, indicating that the entity is in good standing, or its equivalent as determined by the Office, and dated not earlier than 30 days before the date of the application; and
(7)
Provides an affidavit stating that:
(a)
No federal or State taxes or fees are delinquent; and
(b)
The corporation, limited liability company or partnership is financially stable.
Regulation .04 Permit — Requirements for Permit for a Crematory Owned by a Sole Proprietor.LinkCopy Citation
A.
A sole proprietor applicant for a crematory permit shall receive a permit to operate a crematory in this State if the sole proprietor applicant meets the permit requirements of this regulation.
B.
A sole proprietor shall receive a permit if the sole proprietor:
(1)
Completes an application form;
(2)
Pays the nonrefundable application fee and any other fees due under this chapter;
(3)
Provides the name, address, and phone number of each affiliated crematory;
(4)
Designates a registered crematory operator as the responsible party for each affiliated crematory provided that:
(a)
The registered crematory operator may not be designated as the responsible party for more than a total of two crematories; and
(b)
A registered crematory operator shall be registered to operate a cremator, alkaline hydrolysis unit, or both; and
(5)
Provides an affidavit stating that:
(a)
No federal or State taxes or fees are delinquent; and
(b)
The crematory business is financially stable.
Regulation .05 Permit — Requirements for Registration for a Registered Crematory Operator.LinkCopy Citation
A.
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.
B.
An individual shall be registered with the Office as a registered crematory operator if the individual:
(1)
Completes an application form;
(2)
Pays the nonrefundable application fee and any other fees due under this chapter;
(3)
Is 18 years old or older;
(4)
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;
(5)
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;
(6)
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;
(7)
States the name and mailing address of the crematory with which the applicant is affiliated;
(8)
States whether the crematory with which the applicant is affiliated is owned or controlled by:
(a)
A corporation;
(b)
A partnership;
(c)
A limited liability company; or
(d)
A sole proprietorship; and
(9)
States whether the applicant is the responsible party for the affiliated crematory.
C.
Additional Requirements.
(1)
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:
(a)
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;
(b)
Been convicted of a felony in any State or federal court;
(c)
Been convicted in any State or federal court of a misdemeanor directly related to the ownership or operation of a crematory;
(d)
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
(e)
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.
(2)
An applicant shall submit copies of all:
(a)
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;
(b)
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
(c)
Civil judgments or settlements against the applicant within the past 5 years which directly relate to the ownership or operation of a crematory.
(3)
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.
D.
A registered crematory operator may not be designated as the responsible party for more than two crematories.
E.
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.
Regulation .06 Permit — Requirements for Permit for a New Crematory Owned by a Corporation, Limited Liability Company, or Partnership.LinkCopy Citation
A.
A corporation, limited liability company, or partnership shall receive a permit to operate a new crematory in this State if the corporation, limited liability company, or partnership meets the permit requirements of this regulation.
B.
A corporation, limited liability company, or partnership shall receive a permit from the Office if, at least 30 days prior to the opening of the new crematory, the entity:
(1)
Completes an application form;
(2)
Pays the nonrefundable application fee and any other fees due under this chapter;
(3)
Provides the name, address, and phone number of each affiliated crematory;
(4)
Designates a registered crematory operator as the responsible party for each affiliated crematory provided that:
(a)
The registered crematory operator may not be designated as the responsible party for more than a total of two crematories; and
(b)
A registered crematory operator shall be registered to operate a cremator, alkaline hydrolysis unit, or both.
(5)
Provides a list of the officers, members, partners, agents, and employees of the entity applying for the permit; and
(6)
Provides an affidavit stating that the corporation, limited liability company, or partnership:
(a)
Is financially stable; and
(b)
Has the ability to continue to operate the crematory business for a 2-year period after issuance of a permit.
Regulation .07 Permit — Requirements for a New Crematory Owned by a Sole Proprietor.LinkCopy Citation
A.
A sole proprietor applicant for a new crematory shall receive a permit to operate if the sole proprietor applicant meets the permit requirements of this regulation.
B.
A sole proprietor shall receive a permit from the Office if, at least 30 days prior to the opening of the new crematory, the sole proprietor applicant:
(1)
Completes an application form;
(2)
Pays the nonrefundable application fee and any other fees due under this chapter;
(3)
Provides the name, address, and phone number of each affiliated crematory;
(4)
Designates a registered crematory operator as the responsible party for each affiliated crematory provided that:
(a)
The registered crematory operator may not be designated as the responsible party for more than a total of two crematories; and
(b)
A registered crematory operator shall be registered to operate a cremator, alkaline hydrolysis unit, or both; and
(5)
Provides an affidavit stating that the new crematory business:
(a)
Is financially stable; and
(b)
Has the ability to continue to operate the crematory business for a 2-year period after issuance of a permit.
C.
Before applying to the Office for a permit, a crematory shall have in its employ an individual who holds a certification from:
(1)
The Cremation Association of North America;
(2)
The International Cemetery, Cremation and Funeral Association; or
(3)
Another equivalent body recognized by the Office and the Board.
Regulation .08 Change of Information.LinkCopy Citation
The responsible party shall notify the Office of any change in the information provided in the application for permit for a crematory or for a permit as a registered crematory operator, either before or after the issuance of a permit, within 1 week of the date of the change.
Regulation .09 Renewal.LinkCopy Citation
A.
Before the expiration date of a permit, a permit holder shall complete and return the renewal form, pay the renewal fee, and submit any required documentation.
B.
A person who has a permit to engage in the operation of a crematory or a permit as a registered crematory operator may renew the permit every 2 years, beginning on a date specified by the Office, in the following manner:
(1)
Complete the renewal application form;
(2)
Pay the nonrefundable renewal fee set forth in Regulation .13 of this chapter;
(3)
Meet the permit requirements under Regulation .03, .04, or .05 of this chapter; and
(4)
Submit the documentation required by Regulation .03, .04, or .05 of this chapter.
C.
After the expiration date of a permit, if a permit holder has not yet applied for renewal, the permit holder is no longer authorized to engage in the operation of a crematory or to act as a registered crematory operator.
D.
If a permit holder completes the renewal application process set forth in Regulation .09B of this chapter before the expiration date of the permit and the Office does not renew the permit before its expiration date, the permit holder is considered to be actively permitted until receipt from the Office of either a renewed permit or a notice of denial of a permit.
E.
If a permit holder applies for renewal of a permit after the expiration date of the permit, the permit holder shall pay the renewal fee plus the late renewal fee under Regulation .12 of this chapter.
Regulation .10 Lapsed Permit.LinkCopy Citation
A person who has been issued a permit and who has allowed the permit to lapse for at least 6 months may apply for a permit in the following manner:
A.
Complete a permit application form;
B.
Pay the permit fee and the late renewal fee under Regulation .12 of this chapter;
C.
Meet the permit requirements under Regulation .03, .04, or .05 of this chapter;
D.
Submit the documentation required by Regulation .03, .04, or .05 of this chapter;
E.
Provide a full written explanation to the Office detailing the reasons why the permit was allowed to expire and why a permit is now sought; and
F.
Submit to the Office an affidavit stating that the person did not engage in the operation of a crematory or act as a registered crematory operator in this State while the permit was lapsed.
Regulation .11 Hearings — Permit Denial.LinkCopy Citation
A.
Permit Denial. An applicant or permit holder applying for an initial or renewal permit to the Office may be denied the issuance of a permit, subject to the hearing provisions of Business Regulation Article, §5-312, Annotated Code of Maryland.
B.
Hearing Before Director of Office.
(1)
Except as otherwise provided in §B(2)—(6) of this regulation, all contested cases before the Director of the Office shall be governed by COMAR 09.01.02.
(2)
An applicant who has been notified that a new or renewal permit has been or may be denied and who requests a hearing before the Director of the Office must file the request for a hearing not later than 30 days after the notice of proposed action was mailed.
(3)
The Director of the Office shall send the hearing notice described in COMAR 09.01.02.07B at least 10 days before the hearing or, if the parties have agreed to a date for which 10 days notice cannot be given, at the earliest time possible.
(4)
The notice to an applicant that a new or renewal permit has been or may be denied shall state that the proposed action of the Director of the Office shall be affirmed if:
(a)
A hearing is not requested within 30 days after the date the notice of proposed action was mailed; or
(b)
The applicant fails to appear for the hearing after requesting a hearing.
(5)
If, after a hearing, the proposed action of the Director of the Office is upheld, the appellant shall pay the hearing costs described in Regulation .12 of this chapter.
C.
Hearings Delegated by the Office to the Office of Administrative Hearings. All contested case hearings delegated to the Office of Administrative Hearings shall be governed by COMAR 09.01.03.
Regulation .12 Fees.LinkCopy Citation
A.
Permit fees:
(1)
Crematory permit — $350;
(2)
Registered Crematory Operator permit — $300;
(3)
Crematory permit renewal — $350;
(4)
Registered Crematory Operator permit renewal — $300; and
(5)
Late renewal fee — $200.
B.
Miscellaneous fees:
(1)
Replacement of permit — $50;
(2)
Returned check fee — $50;
(3)
Additional copy of permit — $50;
(4)
Business name change — $50;
(5)
Personal name change — $50;
(6)
Business address change — $50; and
(7)
Annual preneed sales trust report — $25.
C.
Hearing costs described in Business Regulation Article, §5-312(h), Annotated Code of Maryland, shall be determined to be the cost of a court reporter and the transcripts ordered by the Office, or by the Office of the Attorney General, for the purpose of presenting a case alleging violation of Business Regulation Article, Title 5, Annotated Code of Maryland, before the Office or before the Office of Administrative Hearings,
Regulation .13 Display of Permit.LinkCopy Citation
A permit holder shall display the permit conspicuously, in a public area at each business address of the permit holder.
Regulation .14 Cremation Prior to Obtaining a Permit.LinkCopy Citation
A crematory may cremate or hydrolyze the human remains of one decedent prior to obtaining a permit from the Office, provided:
A.
The cremation or alkaline hydrolysis is only performed as part of the manufacturer’s operator training course for the cremation machinery or alkaline hydrolysis unit in which the cremation or alkaline hydrolysis takes place; and
B.
The person or persons with the right to final disposition of the decedent are notified and have given permission prior to the cremation or alkaline hydrolysis.
Chapter annotations
Authority: Business Regulation Article, §§5-102, 5-204, 5-205, 5-301—5-310, 5-312, 5-401—5-403, and 5-901—5-905, Annotated Code of Maryland
History: Effective date: March 31, 2014 (41:6 Md. R. 378)
History: Regulation .14 adopted as an emergency provision effective August 28, 2014 (41:19 Md. R. 1074); adopted permanently effective November 24, 2014 (41:23 Md. R. 1372)
History: Regulation .02D, F, amended effective April 13, 2026 (53:7 Md. R. 327)
History: Regulation .02G adopted effective April 13, 2026 (53:7 Md. R. 327)
History: Regulation .03B amended effective April 13, 2026 (53:7 Md. R. 327)
History: Regulation .04B amended effective April 13, 2026 (53:7 Md. R. 327)
History: Regulation .05 amended effective April 13, 2026 (53:7 Md. R. 327)
History: Regulation .06B, C amended effective April 13, 2026 (53:7 Md. R. 327)
History: Regulation .07B, C amended effective April 13, 2026 (53:7 Md. R. 327)
History: Regulation .14 amended effective April 13, 2026 (53:7 Md. R. 327)