State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 9700-9723.3

BUSINESS AND PROFESSIONS CODE
SECTION 9700-9723.3



9700.  Application for license as a cemetery broker shall be made in
writing on the form prescribed by the bureau and filed at the
principal office of the bureau. The application shall be accompanied
by the original cemetery broker's license fee.




9700.5.  The bureau shall not grant an original cemetery broker's
license to any person who is not a resident of this state. Change of
residence to another state shall terminate the license.



9700.6.  The bureau shall not grant an original cemetery broker's
license to any person who has not held a cemetery salesperson's
license for at least two years prior to the date of his or her
application for the broker's license, and during that time was not
actively engaged in the business of a cemetery salesperson except
that if an applicant for a cemetery broker's license having at least
the equivalent of two years' general cemetery experience files a
written petition with the bureau setting forth his or her
qualifications and experience and the bureau approves, he or she may
be issued a cemetery broker's license immediately upon passing the
appropriate examinations and satisfying the other requirements of
this article.



9701.  Application for license as a cemetery salesperson shall be
made in writing on the form prescribed by the bureau and filed at the
principal office of the bureau. The application shall be signed by
the applicant, and shall be accompanied by the cemetery salesperson's
license fee.


9701.5.  Notwithstanding any other provision of this chapter,
Section 9702.5 does not apply to an applicant for a cemetery
salesperson's license.


9702.1.  The bureau shall investigate the qualifications of the
applicants. Except as otherwise prescribed in this article, it may
issue the license applied for to an applicant on a showing
satisfactory to it that the following facts exist:
   (a) The applicant is properly qualified to perform the duties of a
cemetery broker or salesperson.
   (b) Granting the license will not be against public interest.
   (c) The applicant intends actively and in good faith to carry on
the business of a cemetery broker or a cemetery salesperson.
   (d) In the case of a corporate applicant, the articles of
incorporation permit it to act as a cemetery broker.
   (e) In the case of an association or copartnership applying for
such a license its articles of association or agreement of
partnership authorize it to act as a cemetery broker.
   (f) The license is not being secured for the purpose of permitting
the applicant to advertise as a cemetery broker or salesperson
without actually engaging in such business.
   (g) The applicant has not committed acts or crimes constituting
grounds for denial of licensure under Section 480.




9702.2.  All cemetery brokers who do not possess a certificate of
authority shall in addition to the requirements of this chapter file
with the bureau a satisfactory bond to the people of the State of
California, duly executed by a sufficient surety or sureties to be
approved by the bureau, in the amount of ten thousand dollars
($10,000). That bond shall be conditioned for the honest and faithful
performance by such broker and his or her salespersons and employees
of any undertaking as a licensed cemetery broker or salesperson or
employee of said broker at any time when licensed under this chapter,
and the strict compliance with the provisions of this chapter and of
Division 8 of the Health and Safety Code relating to cemeteries, and
the honest and faithful application of all funds received. That bond
shall be further conditioned upon the payment of all damages
suffered by any person damaged or defrauded by reason of the
violation of any of the provisions of this chapter or of Division 8
of the Health and Safety Code relating to cemeteries, or by reason of
the violation of the obligation of such broker as an agent, as such
obligations are laid down by the Civil Code of the State of
California, or by reason of any fraud connected with or growing out
of any transactions contemplated by this chapter or Division 8 of the
Health and Safety Code.



9702.5.  The bureau shall ascertain by written examination that the
applicant, and, in case of a copartnership or corporation applicant
for a cemetery broker's license, that each officer, agent or member
thereof through whom it proposes to act as a cemetery licensee has:
   (a) Appropriate knowledge of the English language, including
reading, writing and spelling, and of elementary arithmetic.
   (b) A fair understanding of:
   (1) Cemetery associations, cemetery corporations and duties of
directors.
   (2) Plot ownership, deeds, certificates of ownership, contracts of
sale, liens and leases.
   (3) Establishing, dedicating, maintaining, managing, operating,
improving and conducting a cemetery.
   (4) The care, preservation and embellishment of cemetery property.
   (5) The care and preservation of endowment care funds, trust
funds, and the investment thereof.
   (c) A general and fair understanding of the obligations between
principal and agent, of the principles of cemetery brokerage practice
and the business ethics pertaining thereto, as well as of the
provisions of this act relating to cemetery brokerage.




9703.  The bureau may, in its discretion, waive the examination of
any applicant for a cemetery broker's license who held an unrevoked
or unsuspended cemetery license on June 30th of the preceding fiscal
year as an individual broker, an officer of a corporation, or member
of a copartnership.


9704.  An application on the form prescribed by the bureau for the
renewal of any unrevoked and unsuspended license filed before
midnight of June 30th of the year for which such unrevoked and
unsuspended license was issued, accompanied by the applicable renewal
fee, entitles the applicant to continue operating under his or her
existing license after its usual expiration date, if not previously
suspended or revoked, and until such date as he or she is notified in
writing that the application has been granted or denied.



9706.  No cemetery license gives authority to do any act specified
in this act to any person other than the person to whom the license
is issued.


9707.  When a cemetery brokerage license is issued to a cemetery
brokerage corporation, if it desires any of its officers other than
the officer through whom it is already licensed to act under its
license as a cemetery broker, it shall procure an additional license
for each such officer. When a cemetery brokerage license is granted
to cemetery brokerage copartnership, if it desires any of its members
other than the one through whom it is already licensed to act as a
cemetery broker, it shall procure an additional license for each such
member.


9708.  Each officer of a corporation through whom it is licensed to
act as a cemetery broker, and each member of a copartnership through
whom it is licensed to act as a cemetery broker, is, while so
employed under such license, a licensed cemetery broker, but licensed
only to act as such for and on behalf of the corporation or the
copartnership, as officer or member, respectively.



9709.  The cemetery licenses of both broker and salesperson shall be
prominently displayed in the office of the broker.
   The cemetery salesperson's license shall remain in the possession
of the licensed cemetery broker employer until canceled or until the
salesperson leaves the employ of the broker.



9710.  Immediately upon the salesperson's withdrawal from the employ
of the broker, the broker shall return the salesperson's license to
the bureau for cancellation. A license canceled but not suspended or
revoked may be reinstated within the fiscal year upon receipt of
application therefor and the fee for the reinstatement of the
license.



9711.  Every licensed cemetery broker shall have and maintain a
definite place of business in this state which shall serve as his or
her office for the transaction of business.
   No cemetery license authorizes the licensee to do business except
from the location for which the cemetery license was issued.
   Notice in writing shall be given the bureau of change of business
location of a cemetery broker, whereupon the bureau shall issue a new
cemetery license for the unexpired period. The change or abandonment
of business location without notification to the bureau shall
automatically cancel the license theretofore issued.



9712.  If the applicant for a cemetery broker's license maintains
more than one place of business within the state he or she shall
apply for and procure an additional license for each branch office so
maintained. Every such application shall state the name of the
person and the location of the place of business for which such
license is desired.
   The bureau may determine whether or not a broker is doing a
cemetery brokerage business at or from any particular location which
requires him or her to have a branch office license.



9713.  Each cemetery broker shall erect and maintain a sign in a
conspicuous place on the premises to indicate that he or she is a
licensed cemetery broker and his or her name shall be clearly shown
thereon. The size and place of the sign shall conform to regulations
that may be adopted by the bureau.



9714.  For a violation of any of the provisions of Sections 9709,
9710, 9711 and 9713, the bureau may temporarily suspend or
permanently revoke the license of the cemetery licensee in accordance
with the provisions of this act relating to disciplinary
proceedings.



9715.  Application for a certificate of authority shall be made in
writing on the form prescribed by the bureau and filed at the
principal office of the bureau. The application shall be accompanied
by the fee provided for in this act and shall show that the cemetery
authority owns or is actively operating a cemetery in this state
which is subject to the provisions of the Cemetery Act or that the
applicant is in a position to commence operating a cemetery.



9715.1.  (a) Each cemetery for which a certificate of authority is
required shall be operated under the supervision of a manager who is
qualified in accordance with the regulations adopted by the bureau.
Each cemetery manager shall be required to successfully pass a
written examination evidencing an understanding of the applicable
provisions of this code and of the Health and Safety Code. No person
shall engage in the business of, act in the capacity of, or advertise
or assume to act as, a cemetery manager without first obtaining a
license from the bureau.
   (b) This section shall become operative on July 1, 2003.



9716.  The bureau may require such proof as it deems advisable
concerning the compliance by such applicant to all the laws, rules,
regulations, ordinances and orders applicable.



9717.  (a) The bureau shall adopt, and may from time to time amend,
rules and regulations prescribing standards of knowledge and
experience and financial responsibility for applicants for
certificates of authority. In reviewing an application for a
certificate of authority, the bureau may consider acts of
incorporators, officers, directors, and stockholders of the
applicant, which shall constitute grounds for the denial of a
certificate of authority under Division 1.5 (commencing with Section
475).
   (b) Upon receipt of an application for a certificate of authority,
the bureau may cause an investigation to be made of the physical
status, plans, specifications and financing of the proposed cemetery,
and any other qualifications required of the applicant under this
act, and for this purpose may subpoena witnesses, administer oaths,
and take testimony.
   At the time of the filing of the application required by this
section, the applicant shall pay to the Cemetery Fund the sum fixed
by the bureau at not in excess of four hundred dollars ($400) to
defray the expenses of investigation. In the event the sum shall be
insufficient to defray all of the expenses, the applicant shall
within five days after request therefor deposit an additional sum
sufficient to defray such expenses, provided that the total sum shall
not exceed the sum of nine hundred dollars ($900).



9718.  The bureau may, in accordance with its rules and regulations,
authorize interments in cemeteries for which there is no currently
valid certificate of authority outstanding if the bureau finds that
rights to interment therein will otherwise be impaired. However,
nothing in this section authorizes sales of lots, vaults, or niches
by cemeteries for which there is no currently valid certificate of
authority. Interments permitted under this section shall be conducted
by persons authorized by the bureau in accordance with its
regulations, and Section 9768 shall not be applicable to such
interments.
   The bureau or its representative shall be entitled to inspect and
copy any cemetery records necessary to the performance of interments
under this section, and any person having custody of those records
shall permit inspection and copying thereof for that purpose. The
bureau may apply to the superior court for the county in which the
cemetery is located for an order temporarily transferring custody of
cemetery records to it for purposes of this section.



9719.  The bureau shall inspect the books, records, and premises of
any crematory licensed under this chapter. In making those
inspections, the bureau shall have access to all books and records,
the crematory building, the cremation chambers or furnaces, and the
storage areas for human remains before and after cremation, during
regular office hours or the hours the crematory is in operation. No
prior notification of the inspection is required to be given to the
crematory licensee. If any crematory licensee fails to allow that
inspection or any part thereof, it shall be grounds for the
suspension or revocation of a license or other disciplinary action
against the licensee. All proceedings under this section shall be
conducted in accordance with the provisions of this chapter relating
to disciplinary proceedings.



9720.  The bureau shall annually conduct a minimum of one
unannounced inspection of each licensed crematory.



9721.  (a) The bureau shall inspect the books, records, and premises
of any cemetery where a certificate of authority is required under
this chapter. In making the inspections, the bureau shall have access
to all books and records, buildings, mausoleums, columbariums,
storage areas, including storage areas for human remains, during
regular office hours or the hours the cemetery is in operation. No
prior notification of the inspection is required to be given to the
holder of the certificate of authority. If any certificate holder
fails to allow the inspection or any part thereof, disciplinary
action including, but not limited to, revocation or suspension may be
taken against the certificate of authority. All disciplinary
proceedings shall be conducted in accordance with this chapter.
   (b) This section shall become operative on July 1, 2003.



9722.  (a) The bureau shall annually conduct a minimum of one
unannounced inspection of each cemetery for which a certificate of
authority is required.
   (b) This section shall become operative on July 1, 2003.



9723.  A cemetery licensed under this chapter shall at all times
employ a licensed cemetery manager to manage, supervise, and direct
its operations. Notwithstanding any other provision of this chapter,
licensed cemeteries within close geographical proximity of each other
may request the bureau to allow a licensed cemetery manager to
manage, supervise, and direct the business or profession of more than
one facility.
   (a) Every cemetery shall designate a licensed cemetery manager to
manage the cemetery, and shall report the designation to the bureau
within 10 days of the effective date. Any change in the designated
manager shall be reported to the bureau within 10 days.
   (b) The designated cemetery manager shall be responsible for
exercising direct supervision and control over the operations,
employees, and agents of the cemetery as is necessary to ensure full
compliance with the applicable provisions of the Business and
Professions Code, the Health and Safety Code, and any regulations
adopted thereto. Failure of the designated cemetery manager or the
licensed cemetery to exercise that supervision or control shall
constitute a ground for disciplinary action.
   (c) A cemetery may employ, in addition to the designated cemetery
manager, additional licensed cemetery managers. However, only one
licensed cemetery manager may be appointed as the designated cemetery
manager of the cemetery.



9723.1.  (a) Application for a cemetery manager license shall be
made in writing on the form provided by the bureau, verified by the
applicant, and filed at the principal office of the bureau. The
application shall be accompanied by the fee fixed by this chapter.
   (b) The applicant for a cemetery manager license shall be at least
18 years of age, possess a high school diploma or its equivalent,
shall not have committed acts or crimes constituting grounds for
denial of licensure under Section 480, shall demonstrate compliance
with the training and experience requirements established by the
bureau, and shall be a resident of this state.
   (c) The bureau shall grant a cemetery manager license to any
applicant who meets the requirements of this chapter and who has
successfully passed the cemetery manager examination administered by
the bureau.
   (d) Notwithstanding subdivision (c), until July 1, 2004, the
bureau shall grant a cemetery manager license to any applicant who
meets the requirements of this chapter and can demonstrate that he or
she has, prior to January 1, 2003, successfully passed the cemetery
manager examination administered by the bureau. Any person who is
eligible to obtain a cemetery manager license under this subdivision
and who does not apply for a license by July 1, 2004, shall apply for
and successfully pass the examination.



9723.2.  (a) No person shall engage in or conduct, or hold himself
or herself out as engaging in or conducting, the activities of a
cemetery manager without holding a valid, unexpired cemetery manager
license issued by the bureau.
   (b) No licensed cemetery manager shall engage in or conduct, or
hold himself or herself out as engaging in or conducting, the
activities of a cemetery manager without being employed by, or
without being a corporate officer of a licensed cemetery.




9723.3.  (a) Notwithstanding any other provision of law, based upon
a finding by a court of competent jurisdiction that a cemetery
manager of a private cemetery has ceased to perform his or her
duties, as described in subdivision (a) of Section 9605.1, due to a
lapse, suspension, surrender, abandonment, or revocation of his or
her license, the court may appoint a temporary manager to manage the
cemetery property and to service the prepaid interments of the
private cemetery. The court shall appoint a licensed cemetery manager
as the temporary manager.
   (b) The appointed temporary manager shall have the same powers
over the care and maintenance of the private cemetery as a licensed
cemetery manager, as described in subdivision (a) of Section 9605.1.
The temporary manager shall serve for a limited term not to exceed
six months, or until a new licensed manager has been hired, at which
time the court shall terminate the appointment of the temporary
manager.
   (c) The court may authorize the payment of reasonable compensation
for the temporary manager's services, which shall be paid by the
trustees from available income from the cemetery. In exercising its
discretion pursuant to this subdivision, the court shall give due
consideration to the ability of the cemetery income to otherwise pay
for care and maintenance of the cemetery.