Md. Code Regs. 09.34.01.05

Current through Register Vol. 51, No. 25, December 13, 2024

Section 09.34.01.05 - Registration - Requirements for Initial Registration of Individuals Who Operate Cemeteries or Provide Burial Goods

A. An individual shall be registered by the Office if the individual meets the registration requirements of this regulation.

B. An individual shall be registered with the Office if the individual:

(1) Completes a registration application supplied by the Office;

(2) Pays the initial nonrefundable application fee and any additional fees set by the Director under COMAR 09.34.03;

(3) Is 18 years old or older;

(4) Is of good character and reputation, and lists the applicant's previous three employers;

(5) States the name and mailing address of the cemetery or burial goods business with which the applicant is affiliated;

(6) States whether the cemetery or burial goods business with which the applicant is affiliated is owned or controlled by:

(a) A partnership;

(b) A limited liability company;

(c) A corporation; or

(d) A sole proprietorship;

(7) States whether the application is for:

(a) Registered cemeterian;

(b) Registered seller;

(c) Sales counselor; and

(8) If the applicant is a responsible party, demonstrates financial stability under Regulation .06 of this chapter for the permit or sole proprietor application of the cemetery or burial goods business with which the applicant is affiliated.

C. Additional Requirements.

(1) An individual applying for initial registration 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 application is being made ever denied, suspended, or revoked by Maryland or 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 cemetery or burial goods business;

(d) Had any civil judgments or settlements within the 5 years before applying for registration which relate directly to the operation of a cemetery or providing burial goods or services;

(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; and

(f) Filed for bankruptcy.

(2) Additional Information. An applicant shall submit copies of all:

(a) Charging documents which were issued and docket entries for convictions which occurred before applying for registration, for a misdemeanor or felony referred to in §C(1) of this regulation;

(b) Disciplinary actions, judgments, and final orders which occurred or were issued, before applying for registration for any regulatory probation, suspension, or revocation, referred to in §C(1)(a) of this regulation, in Maryland or any jurisdiction; and

(c) Civil judgments or settlements against the applicant within the past 5 years which relate directly to the operation of a cemetery or providing burial goods.

D. An individual may not be designated as the responsible party for more than a combined total of three cemeteries or burial goods businesses.

E. An individual may be issued registrations for affiliations with more than one cemetery or burial goods business if each affiliated cemetery or burial goods business is owned by the same individual or entity.

Md. Code Regs. 09.34.01.05

Regulation .05D, E adopted effective February 13, 2006 (33:3 Md. R. 241); amended effective 44:9 Md. R. 438, eff. 5/8/2017; amended effective 51:8 Md. R. 366, eff. 4/29/2024.