32-1388

32-1388. Nontransferability of funeral
establishment licenses; change of ownership; interim permits;
definition

A. A funeral establishment license issued by the board is not transferable or
subject to sale or assignment, whether by voluntary or involuntary process.

B. When there is a change of ownership of a funeral establishment, the licensee
shall notify the board in writing and shall surrender the license to the board within
twenty days after the change of ownership. The new owner shall also notify the board in
writing within twenty days after the change of ownership and shall submit an application
for a funeral establishment license to the board pursuant to section 32-1383.

C. The board shall issue an interim permit to a new owner of a licensed funeral
establishment to allow the new owner to continue the operation of the establishment
during the period that the new owner's license application is pending if the following
conditions are met:

1. The new owner notifies the board of the change of ownership and submits an
application for an interim permit and the applicable fee pursuant to section 32-1309 at
least three days, excluding Saturdays, Sundays and holidays, after the change takes
place. Notice shall be given during regular business hours.

2. The funeral establishment continues to meet the requirements of section 32-1382.

D. An interim permit issued by the board pursuant to this section shall be for not
more than forty-five days and shall not be extended except as provided in subsection E of
this section. An interim permit is a conditional permit and authorizes the holder to
operate a funeral establishment as would be permitted under a funeral establishment
license issued pursuant to this article. The holder of an interim permit is subject to
the licensing rules and disciplinary proceedings prescribed in this chapter and in rules
adopted pursuant to this chapter.

E. Notwithstanding subsection D of this section, for good cause shown, the board
may extend an interim permit for not more than forty-five days.

F. Until an interim permit is issued, the board shall keep confidential all notices
filed with the board by the prospective new owner of a licensed funeral establishment
pursuant to this section.

G. For the purposes of this section, "regular business hours" means between the
hours of 8:00 a.m. and 5:00 p.m. on any day of the week other than Saturday, Sunday or
any other legal holiday or a day on which the board is authorized or obligated by law or
executive order to close.