32-1397

32-1397. Nontransferability of crematory
licenses; change of ownership; interim permit; definition

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

B. When a change of ownership of a crematory occurs, 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 crematory
license to the board pursuant to section 32-1395.

C. The board shall issue an interim permit to a new owner of a licensed crematory
to allow the new owner to continue the operation of the crematory 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 crematory continues to meet the requirements of section 32-1394.

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 crematory as would be permitted under a crematory 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 crematory 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.