Md. Code Regs. 34.04.06.07

Current through Register Vol. 51, No. 24, December 2, 2024

Section 34.04.06.07 - Requests for Transfer of Human Remains and Associated Funerary Objects to Lineal Descendants or Culturally Affiliated Groups

A. In all instances where this regulation requires the Trust to send notice of a request to a person or group, the requirement only applies if through the exercise of due diligence the Trust is able to locate the person or group.

B. Requests for Transfer. A person or group may request that the Trust transfer to the requester human remains or an associated funerary object identified in the inventory by sending a written request to the Trust that includes:

(1) The identity of the remains or object as stated in the inventory;

(2) If the request is made by a person as a lineal descendant, information sufficient for the Trust to verify that the requester is a person identified as a lineal descendant in the inventory for the remains or object;

(3) If the request is made by or on behalf of a group that claims a cultural affiliation, information sufficient for the Trust to verify that the group for which the request is made is a group identified in the inventory as having a cultural affiliation to the remains or object;

(4) If the requester is a person not listed in the inventory for the remains or object as a lineal descendant, a petition filed in accordance with Regulation .06 of this chapter to identify the person in the inventory as a lineal descendant; and

(5) If the requester is a group not identified in the inventory as a group with a cultural affiliation to the remains or object, a petition filed in accordance with Regulation .06 of this chapter to identify the group in the inventory as a group with a cultural affiliation.

C. Review of Requests Not Made by a Lineal Descendant or Group with a Cultural Affiliation. If the requester is not a lineal descendant or a group with a cultural affiliation, the Director shall:

(1) Deny the request; and

(2) Send written notice of the denial to the requester within 30 days of the Trust's receipt of the request.

D. Review of Requests Made by a Lineal Descendant or Group with a Cultural Affiliation for Other than Ethnic Remains or Ethnic Associated Funerary Objects. Subject to §G of this regulation, for a request for transfer of an item that is other than ethnic remains or an ethnic associated funerary object, the Director shall:

(1) If the requester is a lineal descendant:

(a) Approve the request; and

(b) Send written notice of the approval to the requester within 30 days of the Trust's receipt of the request; or

(2) If the requester is a group with a cultural affiliation:

(a) Within 15 days of receipt of the request, send to each lineal descendent and any other group with a cultural affiliation as identified in the inventory:

(i) A copy of the request; and

(ii) Notice that the request may be approved and the item transferred in accordance with the request if the recipient of the notice does not send to the Trust within 45 days of the date of the notice the recipient's written comments on the request or the recipient's request for transfer of the item to the recipient;

(b) Consider any comments or requests made pursuant to this subsection;

(c) Approve the request if:

(i) No objection is made under this subsection by a lineal descendant; and

(ii) The Director determines that the transfer is appropriate;

(d) Deny the request if an objection is made under this subsection by a lineal descendant; and

(e) Send written notice of the approval or denial to the requester within 90 days of the Trust's receipt of the request.

E. Review of Requests from a Lineal Descendant or Group with a Cultural Affiliation for Ethnic Remains or Ethnic Associated Funerary Objects. Subject to §G of this regulation, for a request from a lineal descendant or group with a cultural affiliation for transfer of an item that is ethnic remains or an ethnic associated funerary object, the Director shall:

(1) Within 15 days of receipt of the request, send a copy of the request to:

(a) Each lineal descendent identified in the inventory for the item requested;

(b) Each group with a cultural affiliation identified in the inventory for the item requested; and

(c) The ethnic commission that represents the community with which the item is associated;

(2) With each copy of a request sent pursuant to this section, include notice that:

(a) The recipient may within 45 days of the date of the notice provide to the Trust written comment on the request; and

(b) The request may be approved and the item transferred in accordance with the request if the recipient does not send to the Trust within 45 days of the date of the notice a written:

(i) Objection to the request; or

(ii) Request for transfer of the item to the recipient;

(3) Consider any comments or requests made pursuant to this section;

(4) If the requester is a lineal descendant, approve the request;

(5) If the requester is a group with a cultural affiliation:

(a) Approve the request if:

(i) No objection is made under this section by a lineal descendant; and

(ii) The Director determines that the transfer is appropriate; or

(b) Deny the request if an objection is made under this section by a lineal descendant; and

(6) Send written notice of the approval or denial to the requester within 90 days of the Trust's receipt of the request.

F. Subject to §G of this regulation and applicable federal law, the Trust shall promptly transfer human remains or associated funerary objects that the Director has approved for transfer.

G. Competing Approvable Requests.

(1) If, before the Trust transfers remains or an object in accordance with this regulation, the Trust receives more than one approvable request under this regulation for transfer of the remains or object, the competing approvable requests shall be resolved in accordance with this section.

(2) If the competing approvable requests include one request from a lineal descendent and one or more requests from a group with a cultural affiliation, the request of the lineal descendant shall be approved and any request from a group shall be denied.

(3) If the competing approvable requests include two or more from a lineal descendent or two or more from a group with a cultural affiliation:

(a) The Director shall make a request to the requesters that they:

(i) Attempt to come to a mutual agreement on the transfer; and

(ii) Inform the Director within 60 days of the date of the Director's request of any agreement reached between the requesters; or

(b) If the requesters are unable to reach an agreement, the Trust shall refer the competing requests to a Burial Committee appointed in accordance with Regulation .04 of this chapter, which shall:

(i) Review the requests; and

(ii) Make a recommendation on the requests to the Secretary.

(4) For competing approval requests referred to a Burial Committee the under this section, the Secretary shall:

(a) Review the requests and the Burial Committee's recommendation; and

(b) Make a determination on each request.

(5) A determination of the Secretary made under this section shall be final and is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Md. Code Regs. 34.04.06.07

Regulation .07 adopted effective 48:13 Md. R. R. 510, eff. 6/28/2021