Business and Professions Code — Part 48 | BPC — United States — California law | Esheria

Business and Professions Code

Part 48 of 52 · provisions 9,401–9,600

This section says the act is called the Business and Professions Code.

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About this statute

This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 7599.56.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 12. Alarm Company Operators—Conduct of Business, Prohibited Acts and Citations [7599.30 - 7599.59] ( Article 12 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    Electronic contracts for certain alarm company services may be used, but they are only valid if the consumer consents to electronic records and does not withdraw that consent.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 12. Alarm Company Operators—Conduct of Business, Prohibited Acts and Citations [7599.30 - 7599.59] ( Article 12 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.56. (a) Contracts for services or other activities authorized by Section 7599.54 may be conducted by electronic means. Notwithstanding subdivisions (b) and (c) of Section 1633.3 of the Civil Code, the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code) shall apply to electronic records and electronic signatures relating to transactions conducted by a person licensed, certified, or registered pursuant to this chapter, for purposes of activities authorized by Section 7599.54. An electronic contract for services or other activities authorized by Section 7599.54 shall not be valid unless the consumer specified in the contract has consented to use of electronic records for the transaction with an electronic signature and has not withdrawn that consent. The licensee shall provide an identical paper copy of the signed electronic contract for services upon request of the contracting consumer. (b) Notwithstanding Section 1689.6 of the Civil Code, for contracts for services or other activities authorized by Section 7599.54, a notice of cancellation and copies of the contract or offer described in those provisions may be provided and transmitted electronically. (c) Notwithstanding Section 1689.7 of the Civil Code, for contracts for services or other activities authorized by Section 7599.54, the signatures, disclosures, and documents described in those provisions may be provided and transmitted electronically. (Added by Stats. 2015, Ch. 439, Sec. 2. (AB 1097) Effective January 1, 2016.)
  2. 7599.58.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 12. Alarm Company Operators—Conduct of Business, Prohibited Acts and Citations [7599.30 - 7599.59] ( Article 12 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    Alarm company operators must not knowingly install defective alarm systems, fail to service them as required, fail to notify owners of defects found after installation, or fail to provide services promised in the agreement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 12. Alarm Company Operators—Conduct of Business, Prohibited Acts and Citations [7599.30 - 7599.59] ( Article 12 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.58. No alarm company operator shall: (a) Knowingly install a defective alarm system. (b) Willfully fail to service the alarm system pursuant to the terms of the warranty or service agreement. (c) Willfully fail to notify the owner of a defective system when the alarm company operator makes a discovery of a defect in a system after installation. (d) Willfully fails to provide any service described in the agreement pursuant to Section 7599.54. Notwithstanding the provisions of Section 7591.9, a violation of this section shall result in a fine of one thousand dollars ($1,000) for the first violation, and a fine of not less than two thousand five hundred dollars ($2,500), nor more than five thousand dollars ($5,000) for each subsequent violation. (Added by Stats. 1982, Ch. 1210, Sec. 12.)
  3. 7599.59.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 12. Alarm Company Operators—Conduct of Business, Prohibited Acts and Citations [7599.30 - 7599.59] ( Article 12 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    The director may fine certain license-related persons $50 for each violation if they do not notify the bureau within 30 days after changing residence or business address.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 12. Alarm Company Operators—Conduct of Business, Prohibited Acts and Citations [7599.30 - 7599.59] ( Article 12 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.59. The director may assess administrative fines of fifty dollars ($50) against any licensee, qualified certificate holder, firearms qualification card holder, or registrant for each violation for failure to notify the bureau within 30 days of any change of residence or business address. (Amended by Stats. 2016, Ch. 800, Sec. 74. (SB 1196) Effective January 1, 2017.)
  4. 7599.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 10. Alarm Company Operators—Qualifications and Examination [7599 - 7599.10] ( Article 10 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    Applicants must complete and file the application and fee, and have experience independently verified by the bureau, at least 30 days before the next scheduled examination to be eligible for an initial exam.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 10. Alarm Company Operators—Qualifications and Examination [7599 - 7599.10] ( Article 10 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.6. In order to be eligible for an initial examination, an applicant shall have completed and filed his or her application together with the application fee prescribed by this chapter in the office of the bureau in Sacramento, California, and have his or her experience independently verified by the bureau, not later than 30 days prior to the next scheduled examination date. Applicants shall not be scheduled until a thorough investigation has been concluded by the bureau. Applicants whose applications are not completed and filed within the time limits of this section may, at the discretion of the director, be scheduled for the next scheduled examination. (Amended by Stats. 1985, Ch. 876, Sec. 48.)
  5. 7599.60.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 13. Disciplinary Proceedings [7599.60 - 7599.63] ( Article 13 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    Proceedings under this article must follow Section 7591.19, unless another provision in this chapter requires something different.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 13. Disciplinary Proceedings [7599.60 - 7599.63] ( Article 13 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.60. Except as otherwise required to comply with the provisions of this chapter, the proceedings under this article shall be conducted in accordance with Section 7591.19. (Added by Stats. 1982, Ch. 1210, Sec. 12.)
  6. 7599.61.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 13. Disciplinary Proceedings [7599.60 - 7599.63] ( Article 13 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    The director may suspend or revoke certain alarm-company licenses and permits if specified misconduct or disqualifying conduct is found.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 13. Disciplinary Proceedings [7599.60 - 7599.63] ( Article 13 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.61. The director may suspend or revoke an alarm company operator license, a qualified manager certificate, an alarm agent registration, or a firearms permit, issued under this chapter, if the director determines that the licensee or his or her qualified manager, if an individual, or if the licensee is a person other than an individual, or his or her employees, that any of its officers, partners, members, managers, employees, or its qualified manager, has: (a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license. (b) Violated any provisions or committed any prohibited acts of this chapter. (c) Been convicted of any felony or misdemeanor including illegally using, carrying, or possessing a dangerous weapon. (d) Committed or permitted any employee to commit any act, while the license was expired, which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license. (e) Committed assault, battery, or kidnapping, or used force or violence on any person, without proper justification. (f) Violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee. (g) Been convicted of a violation of Section 148 of the Penal Code. (h) Committed any act which is a ground for denial of an application for license under this chapter. (i) Committed any act prohibited by Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code. (j) Committed any act in the course of the licensee’s business constituting dishonesty or fraud. (Amended (as amended by Stats. 2015, Ch. 140, Sec. 23) by Stats. 2018, Ch. 406, Sec. 32. (SB 904) Effective January 1, 2019.)
  7. 7599.62.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 13. Disciplinary Proceedings [7599.60 - 7599.63] ( Article 13 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    If a licensed corporation or LLC is not registered and in good standing with the Secretary of State or Franchise Tax Board after bureau notice, the license is automatically suspended; reinstatement is available by later proof and payment of the reinstatement fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 13. Disciplinary Proceedings [7599.60 - 7599.63] ( Article 13 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.62. Notwithstanding any other law, the failure of any person licensed to do business as a corporation or limited liability company in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau shall result in the automatic suspension of the licensee by operation of law. The bureau shall notify the licensee in writing of its failure to be registered and in good standing with the Secretary of State or the Franchise Tax Board, or both, and that the licensee shall be suspended 30 days from the date of the notice if the licensee does not provide proof satisfactory to the bureau that it is properly registered and in good standing with the Secretary of State or the Franchise Tax Board, or both. Reinstatement may be made at any time following the suspension by providing proof satisfactory to the bureau that the licensee is properly registered and in good standing and the payment of the reinstatement fee as prescribed by this chapter. (Added by Stats. 2021, Ch. 376, Sec. 32. (AB 830) Effective January 1, 2022.)
  8. 7599.63.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 13. Disciplinary Proceedings [7599.60 - 7599.63] ( Article 13 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    A record of conviction, or a certified copy, counts as conclusive evidence of conviction for purposes of Section 7591.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 13. Disciplinary Proceedings [7599.60 - 7599.63] ( Article 13 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.63. The record of conviction, or a certified copy thereof, shall be conclusive evidence of conviction as that term is used in Section 7591.10. (Added by Stats. 1982, Ch. 1210, Sec. 12.)
  9. 7599.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 10. Alarm Company Operators—Qualifications and Examination [7599 - 7599.10] ( Article 10 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    An applicant who fails the initial exam or misses a scheduled exam cannot take another exam unless the reexamination fee is paid and a completed reexamination application is filed on time under Section 7599.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 10. Alarm Company Operators—Qualifications and Examination [7599 - 7599.10] ( Article 10 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.7. If an applicant fails to pass an initial examination or fails to appear as scheduled for an examination, he or she shall not be eligible for any subsequent examination except upon payment of the reexamination fee for each subsequent examination, accompanied by a completed application for reexamination duly filed within the time limits and conditions relating to applications for original examinations provided in Section 7599.6. (Added by Stats. 1982, Ch. 1210, Sec. 12.)
  10. 7599.70.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 14. Revenue [7599.70 - 7599.75] ( Article 14 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    The bureau must set fees and penalties for alarm-company licensure and registration, including specific minimums, maximums, and fixed amounts for listed applications, renewals, certificates, and processing items.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 14. Revenue [7599.70 - 7599.75] ( Article 14 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.70. The bureau shall establish and assess fees and penalties for licensure and registration as follows: (a) An alarm company operator license application fee shall be at least three hundred seventy dollars ($370) and may be increased to an amount not to exceed four hundred seven dollars ($407). (b) An original license fee for an alarm company operator license shall be at least six hundred dollars ($600) and may be increased to an amount not to exceed six hundred sixty dollars ($660). A renewal fee for an alarm company operator license shall be seven hundred fifty dollars ($750) and may be increased to an amount not to exceed eight hundred twenty-five dollars ($825). (c) A qualified manager certificate application and examination fee shall be at least three hundred fifty dollars ($350) and may be increased to an amount not to exceed three hundred eighty-five dollars ($385). (d) A renewal fee for a qualified manager certificate shall be at least two hundred twenty-five dollars ($225) and may be increased to an amount not to exceed two hundred forty-eight dollars ($248). (e) An original license fee for a branch office certificate shall be at least two hundred fifty dollars ($250) and may be increased to an amount not to exceed two hundred seventy-five dollars ($275). A renewal fee for a branch office certificate shall be at least one hundred fifty dollars ($150) and may be increased to an amount not to exceed one hundred sixty-five dollars ($165). (f) Notwithstanding Section 163.5, the reinstatement fee as required by Sections 7593.12 and 7598.17 is the amount equal to the renewal fee plus a penalty of 50 percent thereof. (g) A fee for reexamination of an applicant for a qualified manager shall be at least sixty dollars ($60) and may be increased to an amount not to exceed sixty-six dollars ($66). (h) An initial registration fee for an alarm agent shall be at least fifty-five dollars ($55) and may be increased to an amount not to exceed sixty dollars ($60). (i) A registration renewal fee for an alarm agent shall be at least forty dollars ($40) and may be increased to an amount not to exceed forty-four dollars ($44). (j) A firearms permit fee shall be at least one hundred dollars ($100) and may be increased to an amount not to exceed one hundred ten dollars ($110), and a firearms permit renewal fee shall be at least eighty dollars ($80) and may be increased to an amount not to exceed eighty-eight dollars ($88). (k) The fingerprint processing fee is that amount charged the bureau by the Department of Justice. (l) The processing fee required pursuant to Section 7598.14 is the amount equal to the expenses incurred to provide a photo identification card. (m) The fee for a Certificate of Licensure, as specified in Section 7593.8, shall be twenty-five dollars ($25). (n) The delinquency fee is 50 percent of the renewal fee in effect on the date of expiration, but not less than twenty-five dollars ($25). (o) The processing fee for the assignment of an alarm company operator license pursuant to Section 7593.15 shall be at least four hundred dollars ($400) and may be increased to an amount not to exceed four hundred forty dollars ($440). (p) The fee for the replacement of a lost or destroyed registration card, license, certificate, or permit authorized by this chapter shall be twenty-five dollars ($25). The request for a replacement of a registration card, license, certificate, or permit shall be made in the manner prescribed by the bureau. (q) The fee for an endorsed verification of licensure, certification, registration, or permit shall be twenty-five dollars ($25). The verification document shall include the license, certificate, registration, or permit number, the license, certificate, registration, or permit history and current status, the date of the endorsement, an embossed seal, and the signature of the chief. (r) The reinstatement fee following a suspension pursuant to subdivision (f) of Section 7599.34 and Section 7599.62 shall be 25 percent of the renewal fee. (Amended by Stats. 2021, Ch. 376, Sec. 33. (AB 830) Effective January 1, 2022.)
  11. 7599.71.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 14. Revenue [7599.70 - 7599.75] ( Article 14 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    The director must give one free copy of specified licensing materials to each applicant or licensee, and may charge cost-based fees plus sales tax for additional copies or copies requested by other people.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 14. Revenue [7599.70 - 7599.75] ( Article 14 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.71. The director shall furnish one copy of any issue or edition of the licensing law, rules and regulations, manuals, or guides to any applicant or licensee without charge. The director shall charge and collect a fee equivalent to the cost of producing such laws, rules and regulations, manuals, or guides, plus sales tax for each additional copy which may be furnished on request to any applicant or licensee, and for each copy furnished on request to any other person. All moneys derived, pursuant to this section except for any sales tax collected shall be used to cover the costs of producing copies of such laws, rules and regulations, manuals or guides. All moneys collected for sales tax shall be remitted to the State Board of Equalization. (Amended by Stats. 2005, Ch. 74, Sec. 19. Effective July 19, 2005.)
  12. 7599.72.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 14. Revenue [7599.70 - 7599.75] ( Article 14 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    The department must receive and account for money from this chapter, report it monthly to the Controller, and pay it to the Treasurer, who keeps it in the Private Security Services Fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 14. Revenue [7599.70 - 7599.75] ( Article 14 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.72. The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report that money to the Controller and shall pay it to the Treasurer, who shall keep the money in the Private Security Services Fund. (Amended by Stats. 1994, Ch. 1285, Sec. 7. Effective January 1, 1995.)
  13. 7599.73.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 14. Revenue [7599.70 - 7599.75] ( Article 14 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    Application or licensee fees are not refundable except as allowed by Section 158.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 14. Revenue [7599.70 - 7599.75] ( Article 14 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.73. Application or licensee fees shall not be refunded except in accordance with Section 158. (Added by Stats. 1982, Ch. 1210, Sec. 12.)
  14. 7599.74.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 14. Revenue [7599.70 - 7599.75] ( Article 14 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    Money derived from Section 7591.9 must be used to support the bureau’s enforcement program.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 14. Revenue [7599.70 - 7599.75] ( Article 14 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.74. All money derived from Section 7591.9 shall be used to support the bureau’s enforcement program. (Amended by Stats. 2005, Ch. 74, Sec. 20. Effective July 19, 2005.)
  15. 7599.75.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 14. Revenue [7599.70 - 7599.75] ( Article 14 added by Stats. 1982, Ch. 1210, Sec. 12. )

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    This section requires separate budget and revenue statements for alarm company operator and alarm agent licensing and regulation money, limits those funds to that regulation, and requires fee reductions if the surplus is large enough.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 14. Revenue [7599.70 - 7599.75] ( Article 14 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.75. There shall be a separate budget and expenditure statement and a separate revenue statement outlining all moneys derived from and expended for the licensing and regulation of alarm company operators and alarm agents in accordance with the provisions of this chapter. All moneys derived from the licensing of alarm company operators and alarm agents shall be expended exclusively on the regulation of alarm company operators and alarm agents. If at the end of any fiscal year, the moneys derived from the licensing of alarm company operators and alarm agents is in surplus in an amount which equals or is more than the moneys necessary for the regulation of alarm company operators and alarm agents for the next two fiscal years, license or other fees shall be reduced, during the following fiscal year in an amount which will reduce any surplus moneys derived from the licensing of alarm company operators and alarm agents to an amount less than the moneys expended for the regulation of alarm company operators and alarm agents for the next two fiscal years. This section shall become operative on and after July 1, 1983. (Added by Stats. 1982, Ch. 1210, Sec. 12. Section operative July 1, 1983, by its own provisions.)
  16. 7599.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 10. Alarm Company Operators—Qualifications and Examination [7599 - 7599.10] ( Article 10 added by Stats. 1982, Ch. 1210, Sec. 12. )

    Verify source ↗

    All applicants must be examined by the chief on their competency, experience, and qualifications, and the chief may take testimony under oath.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 10. Alarm Company Operators—Qualifications and Examination [7599 - 7599.10] ( Article 10 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.8. All applicants shall be examined concerning their competency, experience, and qualifications by the chief. The chief may take testimony of anyone in regard thereto under oath. (Added by Stats. 1982, Ch. 1210, Sec. 12.)
  17. 7599.80.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 15. Review [7599.80- 7599.80.] ( Article 15 added by Stats. 2016, Ch. 800, Sec. 75. )

    Verify source ↗

    The bureau’s powers and duties under this chapter must be reviewed by the Legislature’s appropriate policy committees, and the review is to be done as if the chapter were set to be repealed on January 1, 2029.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 15. Review [7599.80- 7599.80.] ( Article 15 added by Stats. 2016, Ch. 800, Sec. 75. ) ## 7599.80. Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2029. (Amended by Stats. 2024, Ch. 484, Sec. 48. (SB 1454) Effective January 1, 2025.)
  18. 7599.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 10. Alarm Company Operators—Qualifications and Examination [7599 - 7599.10] ( Article 10 added by Stats. 1982, Ch. 1210, Sec. 12. )

    Verify source ↗

    If an applicant does not finish the application within one year after filing, or does not take the exam within one year after becoming eligible, the application is abandoned.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 11.6. Alarm Companies [7590 - 7599.80] ( Chapter 11.6 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## ARTICLE 10. Alarm Company Operators—Qualifications and Examination [7599 - 7599.10] ( Article 10 added by Stats. 1982, Ch. 1210, Sec. 12. ) ## 7599.9. If an applicant fails to complete his or her application within one year after it has been filed, or fails to take the examination within a one-year period after becoming eligible therefor, the application shall be considered to be abandoned. An application submitted subsequent to the abandonment of a former application shall be treated as a new application. (Added by Stats. 1982, Ch. 1210, Sec. 12.)
  19. 7600.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    This section says the chapter is the cemetery and funeral law chapter and may be cited as the Cemetery and Funeral Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. ) ## 7600. This chapter of the Business and Professions Code constitutes the chapter on cemetery and funeral law. It may be cited as the Cemetery and Funeral Act. (Amended by Stats. 2015, Ch. 395, Sec. 4. (AB 180) Effective January 1, 2016.)
  20. 7601.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    This section defines three terms used in the chapter: “Department,” “Director,” and “Bureau.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. ) ## 7601. The following terms as used in this chapter shall have meanings expressed in this section: (a) “Department” means the Department of Consumer Affairs. (b) “Director” means the Director of Consumer Affairs. (c) “Bureau” means the Cemetery and Funeral Bureau. (Amended by Stats. 2000, Ch. 568, Sec. 97. Effective January 1, 2001.)
  21. 7601.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    The Cemetery and Funeral Bureau must make protection of the public its highest priority when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. ) ## 7601.1. Protection of the public shall be the highest priority for the Cemetery and Funeral Bureau in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2002, Ch. 107, Sec. 31. Effective January 1, 2003.)
  22. 7602.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    The director supervises the Cemetery and Funeral Bureau, may appoint a chief with Finance approval, and the chief handles enforcement and administration of the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. ) ## 7602. (a) (1) There is in the department the Cemetery and Funeral Bureau, under the supervision and control of the director. (2) The director may appoint a chief at a salary to be fixed and determined by the director, with the approval of the Director of Finance. The duty of enforcing and administering this chapter is vested in the chief, and the chief is responsible to the director. The chief shall serve at the pleasure of the director. (3) Every power granted or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to conditions and limitations the director may prescribe. (b) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter is scheduled to be repealed on January 1, 2029. (Amended by Stats. 2024, Ch. 589, Sec. 1. (AB 3254) Effective January 1, 2025.)
  23. 7606.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    The bureau may make necessary rules and regulations for administering and enforcing this act, and may prescribe the form of required statements and reports.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. ) ## 7606. The bureau may establish necessary rules and regulations for the administration and enforcement of this act and the laws subject to its jurisdiction and prescribe the form of statements and reports provided for in this act. The rules and regulations shall be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Repealed and added by Stats. 2015, Ch. 395, Sec. 7. (AB 180) Effective January 1, 2016.)
  24. 7608.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    The Director of Consumer Affairs may hire and appoint employees needed to run the bureau. The bureau must also hire investigators and attorneys, with approval from the Director of Finance and subject to Section 159.5, and their pay and expenses must come only from the Cemetery and Funeral Fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. ) ## 7608. (a) The Director of Consumer Affairs may employ and appoint all employees necessary to properly administer the work of the bureau, in accordance with civil service regulations. With the approval of the Director of Finance, and, subject to the provisions of Section 159.5, the bureau shall employ investigators and attorneys to assist the bureau in prosecuting violations of this chapter, whose compensation and expenses shall be payable only out of the Cemetery and Funeral Fund. (b) This section shall become operative on July 1, 2016. (Repealed (in Sec. 9) and added by Stats. 2015, Ch. 395, Sec. 10. (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
  25. 7609.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    This chapter does not apply to certain public officers, accredited medical college officers, licensed hospitals, or people who only furnish burial receptacles.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. ) ## 7609. This chapter does not apply to, or in any way interfere with, the duties of any officer of any public institution or of any duly accredited medical college, nor does it apply to any hospital licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, or anyone engaged only in the furnishing of burial receptacles. (Amended by Stats. 2015, Ch. 395, Sec. 11. (AB 180) Effective January 1, 2016.)
  26. 7610.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    Suits or actions against the bureau must be filed and tried in one of specified counties.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. ) ## 7610. All suits or actions commenced in the superior court against the bureau shall be filed and tried either in the County of Sacramento, or in the county of the residence of the plaintiff or petitioner, or in the county where the act occurred, which is the basis of the suit or action. (Amended by Stats. 2000, Ch. 568, Sec. 102. Effective January 1, 2001.)
  27. 7610.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    When enforcing this act and related laws, the bureau has the same powers as a department head and is subject to the same responsibilities.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1. Administration [7600 - 7610.1] ( Article 1 added by Stats. 1939, Ch. 39. ) ## 7610.1. In the enforcement of this act and the laws subject to its jurisdiction, the bureau has all the powers and is subject to all the responsibilities vested in and imposed upon the head of a department under Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2015, Ch. 395, Sec. 12. (AB 180) Effective January 1, 2016.)
  28. 7611.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The article’s definitions control the meaning of terms used in the act, unless the act says otherwise or that different meaning is implied.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7611. The definitions in this article govern the meaning of terms used in the act except as otherwise provided expressly or by necessary implication. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  29. 7611.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    This section defines “Act” to mean the Cemetery and Funeral Bureau Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7611.1. “Act” means the Cemetery and Funeral Bureau Act. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  30. 7611.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    “Endowment care” or “endowed care” includes both general and special care funds.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7611.10. “Endowment care” or “endowed care” shall include both general and special care funds. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  31. 7611.12.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    This section defines “licensed hydrolysis facility” and says such a facility is treated as a cemetery licensee for disciplinary action purposes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7611.12. (a) “Licensed hydrolysis facility” means a corporation, partnership, or natural person licensed pursuant to Article 2.7 (commencing with Section 7639). A licensed hydrolysis facility shall be considered a cemetery licensee for purposes of disciplinary action pursuant to Article 6 (commencing with Section 7686). (b) This section shall become operative on July 1, 2020. (Added by Stats. 2017, Ch. 846, Sec. 3. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  32. 7611.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    This section defines “cemetery broker” as a person who, except for an occasional sale, buys, sells, lists, leases, solicits, or negotiates cemetery property or interment services for themself or ուրիշ another person.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7611.2. A “cemetery broker” is a person who, other than in reference to an occasional sale, sells or offers for sale, buys, or offers to buy, lists, leases or offers to lease, or solicits, or negotiates the purchase or sale, lease, or exchange of cemetery property or interment services, or interest therein, for his or her own account or for another. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  33. 7611.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    This section defines “cemetery salesperson” as a natural person employed by a cemetery broker to handle sales, listings, purchases, leases, solicitations, or negotiations involving cemetery property or interment services, except for occasional sales.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7611.3. A “cemetery salesperson” is a natural person who, other than in reference to an occasional sale, is employed by a cemetery broker to sell, or offer for sale, list or offer to list, or to buy, or to offer to buy, or to lease, or offer to lease, or to solicit, or to negotiate the purchase or sale or lease or exchange of cemetery property or interment services, or any interest therein, for his or her own account or for another. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  34. 7611.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    This section defines “cemetery manager” and describes the activities covered by that term.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7611.4. (a) A “cemetery manager” is a person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental to, the maintaining, operating, or improving a cemetery licensed under this chapter, the interring of human remains, and the care, preservation, and embellishment of cemetery property. (b) For persons licensed pursuant to Section 7637.1, a “cemetery manager” is a person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental to, the following: (1) The maintaining, operating, or improving of a cemetery licensed under this chapter. (2) The interment of human remains. (3) The care, preservation, and embellishment of cemetery property. (4) Activities described in Section 7637.2. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  35. 7611.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    This section defines “crematory manager.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7611.5. A “crematory manager” is a person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental to, the maintaining or operating of a crematory licensed under this chapter, and the cremation of human remains. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  36. 7611.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    This section makes the definitions from Chapter 1 of the Health and Safety Code applicable to this act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7611.6. The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Health and Safety Code are applicable to this act. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  37. 7611.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    “Cemetery licensee” means a cemetery broker, cemetery salesperson, or cemetery manager.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7611.7. “Cemetery licensee” means any cemetery broker, cemetery salesperson, or cemetery manager. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  38. 7611.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    This section defines “crematory licensee.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7611.8. “Crematory licensee” shall mean a corporation, partnership, or natural person licensed pursuant to Article 6.5 (commencing with Section 7712) and shall mean a cemetery licensee for purposes of disciplinary action under Article 6 (commencing with Section 7686). (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  39. 7612.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    “Occasional sale” means a cemetery-property sale that was not for resale or speculation and is not part of a series of sales large enough to amount to a business of selling or reselling cemetery property.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7612. An “occasional sale” is a sale of cemetery property not acquired or held for purposes of resale or speculation, provided such sale is not one of a series of sales sufficient in number, scope, and character to constitute engaging in the business of selling or reselling or holding for speculation cemetery property. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  40. 7612.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    A “public cemetery” is a cemetery owned and operated by a city, county, city and county, or public cemetery district.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7612.1. “Public cemetery” means a cemetery owned and operated by a city, county, city and county, or public cemetery district. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  41. 7612.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    If a cemetery authority misses the report deadline, the bureau may fine it, and late payment can trigger disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7612.10. (a) Any cemetery authority that does not file its report within the time prescribed by Section 7612.6 may be assessed a fine by the bureau in an amount not to exceed four hundred dollars ($400) per month for a maximum of five months. The amount of the fine shall be established by regulation in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Failure to pay the fine within 15 days after receipt of written notification of the assessment or, where a timely request for waiver or reduction of the fine has been filed, within 15 days after receipt of written notification of the bureau’s decision in the matter, shall be cause for disciplinary action. (b) A cemetery authority may request waiver or reduction of a fine by making a written request therefor. The request shall be postmarked within the time specified above for payment of the fine and shall be accompanied by a statement showing good cause for the request. (c) The bureau may waive or reduce the fine where a timely request is made and where it determines, in its discretion, that the cemetery authority has made a sufficient showing of good cause for the waiver or reduction. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  42. 7612.11.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The bureau must study cemetery endowment care fund levels and later report its findings and recommendations. Licensed cemetery authorities must provide specified information to the bureau by January 1, 2028.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7612.11. (a) The bureau shall conduct a study to obtain information to determine if the endowment care fund levels of each licensee’s cemetery are sufficient to cover the cost of future maintenance. The bureau shall also review the levels of endowment care funds that have previously been reported pursuant to this chapter by licensed cemeteries. (b) For purposes of the report required in subdivision (a), each licensed cemetery authority shall provide the following information to the bureau on or before January 1, 2028: (1) The year the cemetery was established. (2) The total size of the developed and undeveloped acres of the cemetery. (3) The total acreage of the developed cemetery property that has been sold for interment, including preneed sales. (4) The total acreage of land sold for interment that contains spaces for which endowment care fees have been collected. (5) The total acreage of developed cemetery property remaining to be sold. (6) The total acreage of undeveloped cemetery property remaining to be sold. (7) The year the cemetery started collecting endowment care fees. (8) The total number of spaces the cemetery has sold for interment, including preneed sales. (9) Of the total spaces the cemetery has sold for interment, the total number of spaces that have contributed to the endowment care funds of the cemetery. (10) The number of interment spaces remaining to be sold in all developed acreage. (11) The number of interment spaces remaining to be sold in undeveloped acreage, to the extent known. (c) The bureau shall report its findings and recommendations to the appropriate policy committees of the Legislature by January 1, 2029. (d) (1) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2033. (Amended by Stats. 2024, Ch. 589, Sec. 3. (AB 3254) Effective January 1, 2025. Repealed as of January 1, 2033, by its own provisions.)
  43. 7612.12.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The bureau must convene a workgroup by March 1, 2026, and submit a report to the Legislature by June 1, 2026.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7612.12. (a) On or before March 1, 2026, the bureau shall convene a workgroup composed of interested stakeholders including, but not limited to, representatives from the cemetery industry, the California Association of Local Agency Formation Commissions, the League of California Cities, the California State Association of Counties, the Urban Counties of California, the Rural County Representatives of California, public cemeteries, and legislative staff for the appropriate committees of the Legislature, to discuss options for ensuring continued care, maintenance, and embellishment of abandoned cemeteries, including the possibility of requiring counties to assume responsibility for maintenance, irrigation, public works, and burial services for cemeteries located within their boundaries that become abandoned. (b) In accordance with Section 9795 of the Government Code, the bureau shall submit a report to the Legislature summarizing the discussions of the workgroup and its recommendations no later than June 1, 2026. (c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2025, Ch. 658, Sec. 1. (SB 777) Effective January 1, 2026. Repealed as of January 1, 2027, by its own provisions.)
  44. 7612.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    This section says the article does not apply to certain religious organizations, public cemeteries, and small private or fraternal burial parks established before September 19, 1939, with some exceptions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7612.2. This article does not apply to any of the following: (a) A religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled, and operated by any of them. (b) A public cemetery. (c) Any private or fraternal burial park not exceeding 10 acres in area, established prior to September 19, 1939; however, (1) those cemeteries shall be subject to the cemetery brokerage provisions of this act, and (2) any cemetery shall be subject to all of the provisions of this act if it collects a care, maintenance, or embellishment deposit or sets up a trust for burial purposes pursuant to Section 8775 of the Health and Safety Code, including funeral services such as mortuary, cremation, or other commodities or services furnished at the time of and in connection with that funeral or cremation. (Amended by Stats. 2024, Ch. 589, Sec. 2. (AB 3254) Effective January 1, 2025.)
  45. 7612.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The bureau must post certain cemetery information on its website.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7612.3. The bureau shall disclose on its Internet Web site, information about each cemetery subject to the jurisdiction of the bureau. In addition to the information required by Section 27, the bureau shall disclose the name of the owner of each cemetery, the name of the cemetery, the business address of the cemetery owner, and the physical address of the cemetery. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  46. 7612.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The bureau must adopt regulations setting minimum maintenance standards for endowment care cemeteries.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7612.4. (a) Notwithstanding Section 8115 of the Health and Safety Code, in order to protect consumers, the bureau shall adopt regulations that establish minimum standards of maintenance for endowment care cemeteries under the jurisdiction of the bureau. The regulations shall consider differences in cemetery size, location, topography, and type of interments. The regulations shall also consider the extent to which funds are available from the cemetery’s endowment care funds to perform maintenance. (b) The standards established pursuant to this section shall not supersede any standards of a higher level of care established pursuant to Section 8115 of the Health and Safety Code. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  47. 7612.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    Certain licensees or former licensees must disclose recent discipline when applying for or taking employment with specified cemetery-related businesses, and the employer-side manager or broker must notify the bureau within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7612.5. (a) (1) Any person who holds or has held, or was named on, any license or registration under the jurisdiction of the bureau that has been, within the immediately preceding 10 years, revoked, suspended, placed on probation, or surrendered under a stipulated decision, and who is employed by, or who seeks employment with, a licensed cemetery, a licensed crematory, or a licensed cemetery broker in any capacity, shall inform the licensed cemetery manager, the licensed crematory manager, or the licensed cemetery broker of that revocation, suspension, probation, or surrender. (2) A person subject to this subdivision shall inform the licensed cemetery manager, the licensed crematory manager, or the licensed cemetery broker upon application for employment by completing a form that shall be made available by the bureau. (b) The cemetery manager, crematory manager, or cemetery broker who is informed pursuant to subdivision (a) shall notify the bureau by submitting the form within 30 days of being so informed. Failure of the cemetery manager, crematory manager, or cemetery broker to notify the bureau shall be a cause for a warning. A cemetery manager, crematory manager, or cemetery broker shall not be subject to a warning if his or her failure to notify the bureau is due to a false statement made by an employee. (c) Any person required to notify the cemetery manager, crematory manager, or cemetery broker under subdivision (a) who fails to do so or who makes a false statement on the required form shall be subject to disciplinary action if that person is a licensee of the bureau, or that failure or false statement shall be cause for denial of a license under Section 480. (d) For purposes of subdivision (a), the term “named on” applies to a person who was an owner, partner, or corporate officer of an entity that was licensed or registered under the act at the time that entity’s license or registration under the act was revoked, suspended, placed on probation, or surrendered. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  48. 7612.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    Cemetery authorities must file an annual written report with the bureau, and the report must be verified and accompanied by an audit report for specified financial information.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7612.6. (a) Each cemetery authority shall file with the bureau annually, on or before June 1, or within five months after close of their fiscal year provided approval has been granted by the bureau as provided for in Section 7612.7, a written report in a form prescribed by the bureau setting forth the following: (1) The number of square feet of grave space and the number of crypts and niches sold or disposed of under endowment care by specific periods as set forth in the form prescribed. (2) The amount collected and deposited in both the general and special endowment care funds segregated as to the amounts for crypts, niches, and grave space by specific periods as set forth either on the accrual or cash basis at the option of the cemetery authority. (3) A statement showing separately the total amount of the general and special endowment care funds invested in each of the investments authorized by law and the amount of cash on hand not invested, which statement shall actually show the financial condition of the funds. (4) A statement showing separately the location, description, and character of the investments in which the special endowment care funds are invested. The statement shall show the valuations of any securities held in the endowment care fund as valued pursuant to Section 7614.7. (5) A statement showing the transactions entered into between the corporation or any officer, employee, or stockholder thereof and the trustees of the endowment care funds with respect to those endowment care funds. The statement shall show the dates, amounts of the transactions, and shall contain a statement of the reasons for those transactions. (b) The report shall be verified by the president or vice president and one other officer of the cemetery corporation. The information submitted pursuant to paragraphs (2), (3), (4), and (5) of subdivision (a) shall be accompanied by an annual audit report, prepared in accordance with generally accepted accounting principles, of the endowment care fund and special care fund signed by a certified public accountant or public accountant. The scope of the audit shall include the inspection, review, and audit of the general purpose financial statements of the endowment care fund and special care fund, which shall include the balance sheet, the statement of revenues, expenditures, and changes in fund balance. (c) If a cemetery authority files a written request prior to the date the report is due, the bureau may, in its discretion, grant an extension for no more than an additional nine months within which to file the report. (Amended by Stats. 2017, Ch. 750, Sec. 1. (AB 926) Effective January 1, 2018.)
  49. 7612.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    A cemetery authority seeking to change its endowment care fund report filing year must file a petition with the bureau before the end of the request year.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7612.7. Each cemetery authority requesting a change of filing date of the endowment care fund report from a calendar year to a fiscal year or a change in fiscal year shall file a petition with the bureau prior to the close of the year of request. The bureau may approve such petition provided that no report shall be for a period of more than 12 months. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  50. 7612.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The report must name the trustee or trustees of the endowment care fund, and any change of trustee must be reported to the bureau within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7612.8. The report shall state the name of the trustee or trustees of the endowment care fund. Any change of trustee shall be reported to the bureau within a period of 30 days after the change is made. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  51. 7612.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    Cemetery authorities must send each annual audit report to the bureau and keep it open for public inspection. If the authority has no office in the county where the cemetery is located, it must file a copy with the county clerk instead.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7612.9. A copy of each annual audit report shall be transmitted to the bureau and shall be a public record. It shall also be open for public inspection at the offices of the cemetery authority during normal business hours. If the cemetery authority does not maintain offices in the county in which its cemetery is located, it shall file a copy of the annual audit report with the county clerk of the county, which shall be subject to public inspection. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  52. 7613.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The bureau must examine filed reports to check compliance with Health and Safety Code requirements on endowment care funds.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7613. The bureau shall examine the reports filed with it as to their compliance with the requirements of the Health and Safety Code as to the amount of endowment care funds collected and as to the manner of investment of those funds. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  53. 7613.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The bureau must examine a cemetery authority’s endowment care funds in specified situations, and the cemetery authority must pay certain examination costs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7613.1. The bureau shall examine the endowment care funds of a cemetery authority: (a) Whenever it deems necessary and at least once every five years. (b) Whenever the cemetery authority in charge of endowment care funds fails to file the report required by this article. (c) Whenever the accountant or auditor qualifies their certification of the report that is prepared and signed by a certified public accountant licensed in the state and prepared in accordance with Section 7612.6. (d) Whenever the bureau receives a valid complaint alleging the authority has engaged in financial misconduct or neglect of duties. (e) The reasonable and necessary cost of the examination performed under subdivision (b) or (c) shall be paid by the cemetery authority. (f) A certified copy of the actual costs, or a good faith estimate of the costs where actual costs are not available, signed by the director or the director’s designee, shall be prima facie evidence of the reasonable and necessary costs of the examination. (g) The actual and necessary expense of the examination under subdivision (a) shall, in the discretion of the bureau, be paid by the cemetery authority whenever the examination requires more than one day and the need for continuing the examination is directly related to identified omissions and errors in the management of endowment care funds. (Amended by Stats. 2021, Ch. 442, Sec. 2. (AB 651) Effective January 1, 2022.)
  54. 7613.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The bureau may take possession of a cemetery authority’s endowment care funds and related books, records, and accounts in specified urgent or probable-cause circumstances. Anyone who has those assets or records and refuses to deliver them after a seizure order commits a misdemeanor and may be fined up to $1,000, imprisoned up to one year, or both.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7613.10. When it has been alleged by verified petition pursuant to Section 7613.1 or when the bureau on its own investigation determines that there is probable cause to believe that any of the conditions set forth in Section 7613.9 exist or that irreparable loss and injury to the endowment care funds of a cemetery authority has occurred or may occur unless the bureau so acts immediately, the bureau, without notice and before applying to the court for any order, may take possession of the endowment care funds and the books, records, and accounts relating thereto of the cemetery authority, and retain possession subject to the order of the court. Any person having possession of and refusing to deliver any assets, books, or records of a cemetery authority against which a seizure order has been issued by the bureau shall be guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding one year, or by both that fine and imprisonment. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  55. 7613.11.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    After a cemetery authority’s certificate of authority is cancelled, surrendered, or revoked, the bureau must take title to endowment care funds, take possession of needed books, records, property, and assets, and act as conservator; it must also appoint a qualified bank or trust company as sole trustee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7613.11. (a) Notwithstanding Sections 7613.9 and 7613.10, 90 days following the cancellation, surrender, or revocation of a certificate of authority, the bureau shall take title of any endowment care funds of the cemetery authority, take possession of all necessary books, records, property, real and personal, and assets, and act as conservator over the management of the endowment care funds in a manner consistent with Article 2 (commencing with Section 8725) of Chapter 5 of Part 3 of Division 8 of the Health and Safety Code. (b) The bureau shall appoint as sole trustee of the endowment care fund a bank or trust company authorized under Division 1 (commencing with Section 99) of the Financial Code to engage in the trust business. Notwithstanding Section 8733 of the Health and Safety Code, the sum paid to the bank or trust company appointed by the bureau may exceed 5 percent of the net income derived from the endowment care fund, special care fund, or both. (c) This section shall not apply if ownership of the cemetery is transferred in accordance with Section 8585 of the Health and Safety Code within 90 days of the cancellation, surrender, or revocation of the certificate of authority. (Added by Stats. 2024, Ch. 589, Sec. 5. (AB 3254) Effective January 1, 2025.)
  56. 7613.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    If a cemetery authority does not pay the required expenses, the bureau must refuse or revoke the authority’s certificate. The bureau must also deposit collected examination expense money into the State Treasury for the Cemetery and Funeral Fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7613.2. (a) If any cemetery authority refuses to pay such expenses, the bureau shall refuse it a certificate of authority and shall revoke any existing certificate of authority. All examination expense moneys collected by the bureau shall be paid into the State Treasury to the credit of the Cemetery and Funeral Fund. (b) This section shall become operative on July 1, 2016. (Repealed and added by Stats. 2015, Ch. 395, Sec. 13 (2nd text). (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
  57. 7613.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The bureau may examine cemetery trust-fund records, and a cemetery authority must provide supporting records when requested.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7613.3. (a) In making the examination, the bureau: (1) Shall have free access to the books and records relating to the trust funds, their collection and investment, and the number of graves, crypts, and niches under endowment care. (2) Shall inspect and examine the trust funds to determine their condition and the existence of the investments. (3) Shall ascertain if the cemetery corporation has complied with all the laws applicable to trust funds. (b) Upon request by the bureau, a cemetery authority shall provide records to substantiate the expenditures of the income of the trust funds. If a cemetery authority fails to reasonably comply with this request, the bureau may have access to books, records, and accounts of a cemetery authority for purposes of ascertaining compliance with applicable laws. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  58. 7613.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    A cemetery-authority LLC may use licensed cemetery and funeral professionals by employing them, but it must maintain specified security for claims and meet minimum insurance or asset thresholds.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7613.4. (a) Subject to subdivision (b), a limited liability company certificated as a cemetery authority pursuant to Section 7018 of the Health and Safety Code may provide services of licensed cemetery brokers, cemetery salespersons, cemetery managers, funeral directors, embalmers, crematorium licensees, and any other person licensed under this code to provide services relating to cemeteries and funerals by employing one or more of these licensed persons. (b) At the time of certification, and at all times during which a limited liability company transacts intrastate business as a cemetery authority, the company shall be required to provide security for claims against it based upon acts, errors, or omissions of its licensed employees as described in subdivision (a) by complying with one, or a combination, of the following: (1) (A) Maintaining a policy or policies of insurance against liability imposed on or against it by law for damages arising out of claims. However, the total aggregate limit of liability under the policy or policies of insurance for a limited liability company that employs five or fewer licensed persons shall not be less than one million dollars ($1,000,000), and for a limited liability company that employs more than five licensees, an additional one hundred thousand dollars ($100,000) of insurance shall be obtained for each additional licensee except that the maximum amount of insurance is not required to exceed five million dollars ($5,000,000) in any one designated period, less amounts paid in defending, settling, or discharging claims as set forth in this paragraph. The policy or policies may be issued on a claims-made or occurrence basis, and shall cover: (i) In the case of a claims-made policy, claims initially asserted in the designated period. (ii) In the case of an occurrence policy, occurrences during the designated period. (B) For purposes of this paragraph, “designated period” means a policy year or any other designated period in the policy that is not greater than 12 months. (C) The impairment or exhaustion of the aggregate limit of liability by amounts paid under the policy in connection with the settlement, discharge, or defense of claims applicable to a designated period shall not require the limited liability company to acquire additional insurance coverage for that designated period. The policy or policies of insurance may be in a form reasonably available in the commercial insurance market and may be subject to those terms, conditions, exclusions, and endorsements that are typically contained in those policies. A policy or policies of insurance maintained pursuant to this paragraph may be subject to a deductible or self-insured retention. (D) Upon the dissolution and winding up of the limited liability company, the company shall, with respect to any insurance policy or policies then maintained pursuant to this paragraph, maintain or obtain an extended reporting period endorsement or equivalent provision in the maximum aggregate limit of liability required to comply with this paragraph for a minimum of three years if reasonably available from the insurer. (2) Maintaining in trust or bank escrow, cash, bank certificates of deposit, United States Treasury obligations, bank letters of credit, or bonds of insurance or surety companies as security for payment of liabilities imposed by law for damages arising out of all claims. However, the maximum amount of security for a limited liability company that employs five or fewer licensed persons shall not be less than one million dollars ($1,000,000), and for a limited liability company that employs more than five licensees rendering professional services on behalf of the company, an additional one hundred thousand dollars ($100,000) of security shall be obtained for each additional licensee except that the maximum amount of security is not required to exceed five million dollars ($5,000,000). The limited liability company remains in compliance with this section during a calendar year notwithstanding amounts paid during that calendar year from the accounts, funds, Treasury obligations, letters of credit, or bonds in defending, settling, or discharging claims of the type described in this paragraph, provided that the amount of those accounts, funds, Treasury obligations, letters of credit, or bonds was at least the amount specified in the preceding sentence as of the first business day of that calendar year. Notwithstanding the pendency of other claims against the limited liability company, it shall be deemed to be in compliance with this paragraph as to a claim if within 30 days after the time that a claim is initially asserted through service of a summons, complaint, or comparable pleading in a judicial or administrative proceeding, the limited liability company has provided the required amount of security by designating and segregating funds in compliance with the requirements of this paragraph. (3) Unless the limited liability company has satisfied paragraph (4), each member of a limited liability company certificated as a cemetery authority that provides professional services rendered by employees who are licensed professionals described in subdivision (a), by virtue of that person’s status as a member, thereby automatically guarantees payment of the difference between the maximum amount of security required for the limited liability company by this subdivision and the security otherwise provided in accordance with paragraphs (1) and (2), provided that the aggregate amount paid by all members under these guarantees shall not exceed the difference. Neither withdrawal by a member nor the dissolution and winding up of the limited liability company shall affect the rights or obligations of a member arising prior to withdrawal or dissolution and winding up, and the guarantee provided for in this paragraph shall apply only to conduct that occurred prior to the withdrawal or dissolution and winding up. Nothing contained in this subdivision shall affect or impair the rights or obligations of the members among themselves, or the limited liability company, including, but not limited to, rights of contribution, subrogation, or indemnification. (4) Confirming, pursuant to the procedure in subdivision (c) of Section 16956 of the Corporations Code, that, as of the most recently completed fiscal year of the limited liability company, it had a net worth equal to or exceeding ten million dollars ($10,000,000). The limited liability company shall transmit evidence of this paragraph to the bureau in a form similar to the form submitted by a limited liability partnership providing alternative security provisions pursuant to subdivision (c) of Section 16956 of the Corporations Code. (c) (1) A limited liability company may aggregate the security required pursuant to paragraphs (1) to (4), inclusive, of subdivision (b). (2) For purposes of compliance with this section, the provisions of subdivision (d) of Section 16956 of the Corporations Code shall apply to a limited liability company certificated as a cemetery authority. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  59. 7613.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    Licensed cemetery and funeral service providers must not own an interest as a member in a cemetery-authority LLC, and the bureau must suspend the LLC’s certificate of authority if that happens.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7613.5. (a) A person licensed under this code as a cemetery broker, cemetery salesperson, cemetery manager, funeral director, embalmer, crematorium licensee, or other person licensed to provide services related to cemeteries and funerals shall not have any ownership interest as a member in a limited liability company certificated as a cemetery authority pursuant to Section 7018 of the Health and Safety Code. (b) If a limited liability company admits, as a member with ownership interest, a licensed person described in subdivision (a), the limited liability company, by operation of law, shall be deemed in violation of subdivision (e) of Section 17701.04 of the Corporations Code, and the members shall be treated as partners with joint and several liability for claims made upon acts, errors, or omissions arising out of services provided by any licensed person described in subdivision (a). (c) If the bureau determines that a licensed cemetery broker, cemetery salesperson, cemetery manager, funeral director, embalmer, crematorium licensee, or other person licensed to provide services related to cemeteries and funerals has an ownership interest as a member in the limited liability company, the bureau shall suspend the limited liability company’s certificate of authority. The bureau shall reinstate the certificate of authority only upon finding that the licensed cemetery broker, cemetery salesperson, cemetery manager, funeral director, embalmer, crematorium licensee, or other person licensed to provide services related to cemeteries and funerals has been divested of his or her ownership interest in the limited liability company or has voluntarily surrendered his or her license. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  60. 7613.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The bureau may administer oaths and examine people about the endowment care fund, and the examination must take place at the principal office of the person or body in charge and be private.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7613.6. The bureau may administer oaths and examine under oath any person relative to the endowment care fund. The examination shall be conducted in the principal office of the person or body in charge of the endowment care fund and shall be private. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  61. 7613.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    If an examination or report shows insufficient endowment care fund deposits, the bureau must require a cemetery corporation to comply with Health and Safety Code Sections 8743 and 8744.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7613.7. If any examination made by the bureau, or any report filed with it, shows that there has not been collected and deposited in the endowment care funds the minimum amounts required by the Health and Safety Code since September 19, 1939, the bureau shall require a cemetery corporation to comply with Sections 8743 and 8744 of the Health and Safety Code. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  62. 7613.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    If the bureau finds, after notice and hearing, that endowment care funds were invested unlawfully, it must order the person or body in charge of the fund to reinvest the money in line with the Health and Safety Code.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7613.8. Whenever the bureau finds, after notice and hearing, that any endowment care funds have been invested in violation of the Health and Safety Code, it shall by written order mailed to the person or body in charge of the fund require the reinvestment of the funds in conformity to that code within a period which shall be not less than two years if the investment was made prior to October 1, 1949, not less than six months if the investment was made on or after October 1, 1949, and before the effective date of the amendment of this section by the 1969 Regular Session of the Legislature, and not less than 30 days if the investment is made on or after the effective date of the amendment. The period may be extended by the bureau in its discretion. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  63. 7613.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    A superior court must, after a verified bureau application showing specified conditions, issue an order transferring title to endowment care funds to the bureau and directing the bureau to take possession and manage the funds as conservator.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7613.9. The superior court of the county in which the principal office of the cemetery authority in charge of endowment care funds is located shall, upon the filing by the bureau of a verified application showing any of the following conditions hereinafter enumerated to exist, issue its order vesting title to any endowment care funds of a cemetery authority in the bureau, and directing the bureau forthwith to take possession of all necessary books, records, property, real and personal, and assets, and to conduct as conservator, the management of such endowment care funds, or so much thereof as to the bureau may seem appropriate: (a) That the cemetery authority has refused to submit its books, papers, accounts, or affairs to the reasonable examination of the bureau. (b) That the cemetery authority has neglected to observe an order of the bureau to make good within the time prescribed by law any deficiency in its investments of endowment care funds. (c) That the cemetery authority is found, after an examination, to be in such condition that its further management of its endowment care funds will be hazardous to its members, plotholders, or to the public. (d) That the cemetery authority has violated its articles of incorporation or any law of the state. (e) That any officer, director, agent, servant, or employee of the cemetery authority person refuses to be examined under oath relative to the endowment care funds thereof. (f) That any person has embezzled or otherwise wrongfully diverted any of the endowment care funds of the cemetery authority. (g) The order shall continue in force and effect until, on the application either of the bureau or of the cemetery authority, it shall, after a full hearing, appear to the court that the ground for the order does not exist or has been removed and that the cemetery authority can properly resume title and possession of its property and the management of its endowment care funds. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  64. 7614.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    A local jurisdiction may act on cemetery-related public health, safety, or welfare issues, and certain cemetery care costs may be reimbursed from available endowment care fund income if the certificate of authority has been revoked, suspended, or not renewed and the bureau holds the fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7614. If any city, county, or city and county exercises its authority to address public health, safety, or welfare issues in connection with a cemetery within its jurisdiction and if the certificate of authority of the cemetery has been revoked or suspended or has not been renewed, and the bureau holds the endowment care fund of the certificate of authority under applicable provisions of this code, the costs of any action that constitutes care, maintenance, or embellishment of the cemetery within the meaning of Section 8726 of the Health and Safety Code shall be eligible for reimbursement from available income from any endowment care fund in existence for the cemetery. For purposes of this section, local jurisdiction action may be based on charter, ordinance, or inherent police powers. Any claim for money or damages for an act or omission by the local jurisdiction acting in accord with this section shall be subject to all otherwise applicable immunities contained in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  65. 7614.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    When the bureau makes a seizure under Section 7613.10, county sheriffs and municipal police departments must provide deputies, patrolmen, or officers if the bureau asks.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7614.1. Whenever the bureau makes any seizure as provided in Section 7613.10, it shall, on demand of the bureau, be the duty of the sheriff of any county of this state, and of the police department of any municipal corporation therein, to furnish the bureau with deputies, patrolmen, or officers as may be necessary to assist the bureau in making and enforcing that seizure. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  66. 7614.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    After a seizure under Section 7613.10, the bureau must start a proceeding under Section 7613.9 right away.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7614.2. Immediately after effecting a seizure pursuant to Section 7613.10, the bureau shall institute a proceeding as provided for in Section 7613.9. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  67. 7614.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The bureau must act as custodian of certain collected or surrendered money and may deposit it, without court approval, in specified banking or state treasury accounts.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7614.3. Notwithstanding any other law, the bureau shall be the custodian of all moneys collected or surrendered pursuant to Sections 7613.9 and 7613.10. As custodian, the bureau may deposit those moneys, or any part thereof, without court approval, in any of the following: a bank or trust company legally authorized and empowered by the state to act as a trustee in the handling of trust funds; in a centralized State Treasury system bank account; or in funds administered by the State Treasurer. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  68. 7614.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The bureau must manage the Elkin Property in Amador County and supervise court-established endowment funds for it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7614.4. The bureau shall maintain, regulate, operate, and control the property situated in the County of Amador, referred to as the Elkin Property in Judicial Council Coordination Proceedings Nos. 1814 and 1817, Order Re Proposed Neptune Memorial, Disposition of the Elkin Property, and Order Re Final Disposition of Ashes of the Sacramento Superior Court, and legally described as “Parcel 16-B as shown on the certain Record or Survey for Eugene S. Lowrance, et ux, filed for record May 17, 1971, in Book 17 of Maps and Plats at page 87, Amador County Records.” The bureau shall administer and supervise endowment funds established by the court for the property. The bureau shall exercise the authority granted by this section for the sole purpose of protecting the human remains resting on the property and preserving the property in its natural state. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  69. 7614.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The bureau may bring enforcement actions for laws within its jurisdiction, and the Attorney General represents it in those actions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7614.5. The bureau is authorized to bring action to enforce the provisions of the law subject to its jurisdiction, in which actions it shall be represented by the Attorney General. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  70. 7614.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The bureau must enforce and administer specified parts of Division 8 of the Health and Safety Code.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7614.6. The bureau shall enforce and administer Part 1 (commencing with Section 8100), Part 3 (commencing with Section 8250), and Part 5 (commencing with Section 9501) of Division 8 of the Health and Safety Code. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  71. 7614.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    A cemetery corporation may value certain debt securities in reports to the bureau under specified conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7614.7. In any report to the bureau, all bonds, debentures, or other evidences of debt held by a cemetery corporation if amply secured and if not in default as to principal or interest may be valued as follows: (a) If purchased at par at the par value. (b) If purchased above or below par on the basis of the purchase price adjusted so as to bring the value to par at maturity and so as to yield the effective rate of interest on the basis at which the purchase was made. (c) In such valuation, the purchase price shall in no case be taken at a higher figure than the actual market value at the time of purchase. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  72. 7614.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    The endowment care fund may not value certain debt instruments above market value when they are in default or not amply secured.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7614.8. Any security or other evidence of debt if in default as to principal or interest or if not amply secured shall not be valued as an asset of the endowment care fund above its market value. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  73. 7614.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. )

    Verify source ↗

    A cemetery authority must give the deceased person’s survivor or responsible party a copy of any paid or partly paid preneed agreement it has.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 1.5. Definitions and Regulation of Cemeteries [7611 - 7614.9] ( Article 1.5 added by Stats. 2015, Ch. 395, Sec. 13. ) ## 7614.9. Notwithstanding any other law, every cemetery authority shall present to the survivor of the deceased who is handling the burial or cremation arrangements or the responsible party a copy of any preneed agreement that has been signed and paid in full, or in part, by or on behalf of the deceased and is in the possession of the cemetery authority. The copy may be presented in person, by certified mail, or by facsimile transmission, as agreed upon by the survivor of the deceased or the responsible party. A cemetery authority who knowingly fails to present the preneed agreement to the survivor of the deceased or the responsible party shall be liable for a civil fine equal to three times the cost of the preneed agreement, or one thousand dollars ($1,000), whichever is greater. (Added by Stats. 2015, Ch. 395, Sec. 13. (AB 180) Effective January 1, 2016.)
  74. 7615.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    A person is treated as a funeral director if they carry out, hold themselves out as carrying out, or use a funeral-director title for certain human-remains services.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7615. A funeral director is a person engaged in or conducting, or holding himself or herself out as engaged in any of the following: (a) Preparing for the transportation or burial or disposal, or directing and supervising for transportation or burial or disposal of human remains. (b) Maintaining an establishment for the preparation for the transportation or disposition or for the care of human remains. (c) Using, in connection with his or her name, the words “funeral director,” or “undertaker,” or “mortician,” or any other title implying that he or she is engaged as a funeral director. (Amended by Stats. 1996, Ch. 1151, Sec. 1. Effective January 1, 1997.)
  75. 7616.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    A licensed funeral establishment must be a specially located business devoted to funeral-related activities, and most people may not operate or present themselves as operating certain preparation facilities unless licensed as a funeral director.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7616. (a) A licensed funeral establishment is a place of business conducted in a building or separate portion of a building having a specific street address or location and devoted exclusively to those activities as are incident, convenient, or related to the preparation and arrangements, financial and otherwise, for the funeral, transportation, burial or other disposition of human remains and including, but not limited to, either of the following: (1) A suitable room for the storage of human remains. (2) A preparation room equipped with a sanitary flooring and necessary drainage and ventilation and containing necessary instruments and supplies for the preparation, sanitation, or embalming of human remains for burial or transportation. (b) Licensed funeral establishments under common ownership or by contractual agreement within close geographical proximity of each other shall be deemed to be in compliance with the requirements of paragraph (1) or (2) of subdivision (a) if at least one of the establishments has a room described in those paragraphs. (c) Except as provided in Section 7609, and except accredited mortuary science programs engaged in teaching students the art of embalming, no person shall operate or maintain or hold himself or herself out as operating or maintaining any of the facilities specified in paragraph (2) of subdivision (a), unless he or she is licensed as a funeral director. (d) Nothing in this section shall be construed to require a funeral establishment to conduct its business or financial transactions at the same location as its preparation or storage of human remains. (e) Nothing in this chapter shall be deemed to render unlawful the conduct of any ambulance service from the same premises as those on which a licensed funeral establishment is conducted, including the maintenance in connection with the funeral establishment of garages for the ambulances and living quarters for ambulance drivers. (Amended by Stats. 2009, Ch. 308, Sec. 86.5. (SB 819) Effective January 1, 2010.)
  76. 7616.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    Licensed funeral establishments must always employ a licensed funeral director to manage, direct, or control the business. Nearby licensed funeral establishments may ask the bureau to let one director manage more than one facility.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7616.2. A licensed funeral establishment shall at all times employ a licensed funeral director to manage, direct, or control its business or profession. Notwithstanding any other provisions of this chapter, licensed funeral establishments within close geographical proximity of each other, may request the bureau to allow a licensed funeral director to manage, direct, or control the business or profession of more than one facility. (Amended by Stats. 2000, Ch. 568, Sec. 103. Effective January 1, 2001.)
  77. 7617.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    A licensed funeral establishment must operate from a fixed place or facility, and no person or organization may open or maintain a place for funeral establishment business without a license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7617. The business of a licensed funeral establishment shall be conducted and engaged in at a fixed place or facility. No person, partnership, association, corporation, or other organization shall open or maintain a place or establishment at which to engage in or conduct, or hold himself or herself or itself out as engaging in or conducting, the business of a funeral establishment without a license. (Amended by Stats. 1996, Ch. 1151, Sec. 4. Effective January 1, 1997.)
  78. 7617.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    Applicants for a funeral establishment license must be at least 18 and must not have committed acts or crimes that would justify denial under Section 480.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7617.1. The applicant for a funeral establishment license, or in the case the applicant is an association, partnership, or corporation, all officers of the corporation or association or all general partners of the partnership shall be at least 18 years of age and shall not have committed acts or crimes constituting grounds for denial of licensure under Section 480. (Amended by Stats. 2001, Ch. 305, Sec. 1. Effective January 1, 2002.)
  79. 7618.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    A funeral director’s license application must be on a bureau form, verified by the applicant, include the fee set by the chapter, and be filed in the bureau’s Sacramento office.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7618. An application for a funeral director’s license shall be written on a form provided by the bureau, verified by the applicant, accompanied by the fee fixed by this chapter and filed at its Sacramento office. (Amended by Stats. 2000, Ch. 568, Sec. 104. Effective January 1, 2001.)
  80. 7619.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    An applicant for a funeral director’s license must be at least 18, have the required education, and not have committed disqualifying acts or crimes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7619. The applicant for a funeral director’s license shall be at least 18 years of age, possess an associate of arts or science degree, or the equivalent, or a higher level of education as recognized by the Western Association of Colleges and Universities, or any other nationally recognized accrediting body of colleges and universities, and shall not have committed acts or crimes constituting grounds for denial of licensure under Section 480. (Amended by Stats. 1996, Ch. 1151, Sec. 6. Effective January 1, 1997.)
  81. 7619.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    A licensed funeral director may not perform or hold out as performing funeral director activities unless employed by a licensed funeral establishment or acting as its sole proprietor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7619.3. No licensed funeral director shall engage in or conduct, or hold himself or herself out as engaging in or conducting, the activities of a funeral director without being employed by, or without being a sole proprietor of, a licensed funeral establishment. (Added by Stats. 1996, Ch. 1151, Sec. 7.5. Effective January 1, 1997.)
  82. 7622.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    A person must pass an examination on specified subjects before receiving a funeral director’s license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7622. Before an individual is granted a funeral director’s license, he or she shall successfully pass an examination upon the following subjects: (a) The signs of death. (b) The manner by which death may be determined. (c) The laws governing the preparation, burial and disposal of human remains, and the shipment of bodies dying from infectious or contagious diseases. (d) Local health and sanitary ordinances and regulations relating to funeral directing and embalming. (Amended by Stats. 1996, Ch. 1151, Sec. 9. Effective January 1, 1997.)
  83. 7622.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    A person may not open or run a funeral director business, or represent that they do, without a license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7622.2. A person shall not open or maintain a place or establishment at which to engage in or conduct, or hold himself, herself, or itself out as engaging in or conducting, the activities of a funeral director without a license. (Amended by Stats. 2015, Ch. 395, Sec. 17. (AB 180) Effective January 1, 2016.)
  84. 7622.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    An applicant for examination under Section 7622 must pay the funeral director’s examination fee set by the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7622.5. An applicant for examination under Section 7622 shall pay the funeral director’s examination fee fixed by this chapter. (Added by Stats. 1967, Ch. 1338.)
  85. 7623.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    An applicant who wants to operate more than one funeral establishment must file a separate application and get a separate license for each establishment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7623. If an applicant for a funeral establishment license proposes to engage in or conduct more than one funeral establishment, the applicant shall make a separate application and procure a separate license for each separate establishment. (Amended by Stats. 2001, Ch. 305, Sec. 2. Effective January 1, 2002.)
  86. 7624.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    A funeral establishment business cannot have more than one operator transacting business in the same funeral facility.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7624. Not more than one person, partnership, association, corporation, or other organization engaged in business as a funeral establishment shall transact business in one specific funeral facility. (Amended by Stats. 1996, Ch. 1151, Sec. 12. Effective January 1, 1997.)
  87. 7625.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    When a license application is received, the bureau must investigate the proposed funeral establishment and the applicant’s qualifications, and it must grant the license if the stated requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7625. Upon receipt of an application for a license, the bureau shall cause an investigation to be made of the physical status or plans and specifications of the proposed funeral establishment, and of the other qualifications required of the applicant under this chapter, and for this purpose may subpoena witnesses, administer oaths, and take testimony. The bureau shall grant a license if it finds that the proposed funeral establishment is or will be constructed and equipped as required by this chapter and that the applicant is qualified in all other respects as required by this chapter. (Amended by Stats. 2000, Ch. 568, Sec. 107. Effective January 1, 2001.)
  88. 7626.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    The bureau must review an applicant’s ability and experience before it considers the physical status, plans, or specifications of a proposed funeral establishment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7626. The bureau shall examine and pass upon the qualifications of the applicant as to ability and experience before passing upon the physical status or plans and specifications of the proposed funeral establishment. (Amended by Stats. 2000, Ch. 568, Sec. 108. Effective January 1, 2001.)
  89. 7626.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    If a hearing is held on whether a license application should be granted, the proceeding must follow the specified Government Code chapter, and the bureau has all powers granted by that chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7626.5. Where a hearing is held to determine whether an application for a license should be granted, the proceeding shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the bureau shall have all of the powers granted therein. (Amended by Stats. 2000, Ch. 568, Sec. 109. Effective January 1, 2001.)
  90. 7627.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    Applications for a funeral director’s license under this article must be granted or refused within 90 days of filing, or within 30 days after a hearing closes if one is held.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7627. Every application for a funeral director’s license under this article shall be granted or refused within ninety days from the date of the filing of the application or within thirty days after the close of the hearing upon the application, in case a hearing is held. (Added by Stats. 1939, Ch. 39.)
  91. 7628.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    To change the location of a licensed funeral establishment, the applicant must file the application on bureau forms, pay the fee set by the chapter, and the bureau must grant the application once a favorable inspector report is filed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7628. Any person, partnership, association, corporation, or other organization desiring to change the location of a licensed funeral establishment shall apply therefor on forms furnished by the bureau and shall include a fee fixed by this chapter. The application shall be granted by the bureau upon the filing with the bureau of a favorable report from an inspector concerning the physical status or plans and specifications of the proposed licensed funeral establishment to the effect that it conforms to the requirements of this article. (Amended by Stats. 2000, Ch. 568, Sec. 110. Effective January 1, 2001.)
  92. 7629.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    A funeral establishment may not use a misleading or confusingly similar name. A funeral director who wants to change the name on a license may apply to the bureau and pay the fee set by the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7629. No funeral establishment shall be conducted or held forth as being conducted or advertised as being conducted under any name which might tend to mislead the public or which would be sufficiently like the name of any other licensed funeral establishment so as to constitute an unfair method of competition. Any funeral director desiring to change the name appearing on his or her license may do so by applying to the bureau and paying the fee fixed by this chapter. (Amended by Stats. 2009, Ch. 308, Sec. 87. (SB 819) Effective January 1, 2010.)
  93. 7630.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    A funeral establishment’s license may be assigned only if the fee is paid, a completed application is filed, and an audit report is submitted; in some cases, an applicant may seek approval to use a bond instead of the audit report.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7630. (a) A funeral establishment’s license may be assigned upon payment of the fee fixed by this chapter, the filing of a completed application, and upon submission of an audit report prepared and signed by an independent certified public accountant or public accountant currently licensed in this state. The audit report shall include an unqualified opinion on the accuracy of the trust fund balances and a report of compliance with the provisions of this article and Article 9 (commencing with Section 7735). Any shortages in the trust funds shall be funded. (b) (1) If the applicant cannot submit the audit report required in subdivision (a) due to estate matters or litigation for which the director or his or her designee is a party, the applicant may request approval from the bureau to secure a bond by an admitted surety insurer guaranteeing the payment to each account of any shortages in the trust funds. Along with the fee and the application to assign the license and transfer ownership, any applicant requesting an exception to subdivision (a) shall submit to the bureau a report, signed by an authorized representative, setting forth the reasons requested for the exception to the audit requirement and a list of all trust accounts for the funeral establishment showing the corpus of the trust, accumulated income, and current account balances for each account. If the bureau approves the request to secure a bond, the bureau shall notify the applicant of the approval and of the requirements of this section. (2) Any applicant who knowingly provides false or misleading information pursuant to the requirements of this subdivision shall be subject to an administrative citation, which may include an order of abatement and a fine in an amount not to exceed five thousand dollars ($5,000) per violation, in addition to any other remedies that may be available to the bureau for violations of this chapter. (3) Within 30 days from the date of the approval by the bureau, the applicant shall file satisfactory proof of the posting of a bond meeting the requirements of this section with the bureau. Once satisfactory proof of the bond is filed with the bureau and any other requirements for assignment have been met, the funeral establishment’s license may be assigned. (c) Any applicant that obtains approval from the bureau to post a bond shall obtain a bond that is in an amount equal to 50 percent greater than the corpus of the trust and otherwise meet the requirements of this chapter. Within one year from the date of acceptance of the surety bond by the bureau and prior to the expiration of the current bond, the funeral establishment shall file a new request with the bureau to post another bond and receive approval by the bureau consistent with the requirements set forth in subdivision (b). This requirement shall be met for each year in which the assignee fails to submit an audit report and fund any shortages as required in subdivision (a). (d) The assignee shall comply with all provisions previously placed on the assignor. The assignee shall maintain the bond referred to in this section after assignment of the funeral establishment’s license by the bureau. (Amended by Stats. 2012, Ch. 364, Sec. 1. (AB 374) Effective January 1, 2013.)
  94. 7631.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    The bureau may issue a temporary license to the estate’s legal representative after a licensed funeral director dies if the funeral establishment is part of the estate, but not if the representative has disqualifying acts or crimes under Section 480.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7631. In case of the death of a licensed funeral director who leaves a funeral establishment as part or all of the assets of his or her estate, the bureau may issue a temporary license to his or her legal representative, unless the legal representative has committed acts or crimes constituting grounds for denial of licensure under Section 480. A temporary establishment license is valid for six months from the date of issue. However, upon the petition of the estate’s legal representative, the bureau, in its discretion, may grant a reasonable extension to allow for the assets of the estate to be distributed as circumstances warrant. (Amended by Stats. 2003, Ch. 874, Sec. 22. Effective January 1, 2004.)
  95. 7632.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    A funeral director must ensure embalming is done by a licensed embalmer, a supervised apprentice embalmer, or a supervised accredited student.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7632. A funeral director shall cause all human remains embalmed in or at the direction of his or her funeral establishment to be embalmed by a licensed embalmer, by an apprentice embalmer under the supervision of his or her licensed supervising embalmer, or by a student in a program accredited by the American Board of Funeral Service Education under the supervision of a licensed embalmer. (Amended by Stats. 2004, Ch. 531, Sec. 1. Effective January 1, 2005.)
  96. 7633.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    A funeral director may not charge more than the statutory fee for filing a death certificate or providing copies of it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7633. No funeral director shall charge a fee for filing a certificate of death or for providing copies thereof in excess of fees set by statute for filing and providing certified copies of such certificates. (Added by Stats. 1972, Ch. 557.)
  97. 7634.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    A licensed embalmer may remove tissue from human remains for transplant, therapeutic, or scientific purposes if requested by a licensed physician and if the embalmer has completed an approved tissue-removal course.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7634. Notwithstanding any other provision of law, a licensed embalmer, at the request of a licensed physician, may remove tissue from human remains for transplant, or therapeutic, or scientific purposes specified in, and pursuant to, the provisions of the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code), if such embalmer has completed a course in tissue removal for transplant, or therapeutic, or scientific purposes approved by the Medical Board of California of the State of California. (Amended by Stats. 1998, Ch. 970, Sec. 44. Effective January 1, 1999.)
  98. 7635.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    Certain funeral establishment staff must get documented training every three years, and the establishment must keep the training outline and records available for bureau inspection.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7635. (a) Any person employed by, or an agent of, a licensed funeral establishment, who consults with the family or representatives of a family of a deceased person for the purpose of arranging for services as set forth in subdivision (a) of Section 7615, shall receive documented training and instruction, at least once every three years, that results in a demonstrated knowledge of all applicable federal and state laws, rules, and regulations including those provisions dealing with vital statistics, the coroner, anatomical gifts, and other laws, rules, and regulations pertaining to the duties of a funeral director. A written outline of the training program, including documented evidence of the training time, place, and participants, shall be maintained in the funeral establishment and shall be available for inspection and comment by an inspector of the bureau. (b) This section shall not apply to anyone who has successfully passed the funeral director’s examination pursuant to Section 7622. (Amended by Stats. 2017, Ch. 429, Sec. 58. (SB 547) Effective January 1, 2018.)
  99. 7636.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. )

    Verify source ↗

    Some applicants and employees must tell the managing funeral director about recent license actions, and the director must report that information to the bureau within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2. Funeral Establishments and Directors [7615 - 7636] ( Heading of Article 2 amended by Stats. 1998, Ch. 970, Sec. 31. ) ## 7636. (a) (1) Any person who holds or has held, or was named on, any license or registration under the jurisdiction of the bureau that has been, within the immediately preceding 10 years, revoked, suspended, placed on probation, or surrendered under a stipulated decision, and who is employed by, or who seeks employment with, a licensed funeral establishment in any capacity, shall inform the managing funeral director of that revocation, suspension, probation, or surrender. (2) A person subject to this subdivision shall inform the managing funeral director upon application for employment by completing a form that shall be made available by the bureau. (b) A managing funeral director who is informed pursuant to subdivision (a) shall notify the bureau by submitting the form within 30 days of so being informed. Failure of the managing funeral director to notify the bureau shall be a cause for a warning. A managing funeral director shall not be subject to a warning if his or her failure to notify the bureau is due to a false statement made by an employee. (c) Any person required to notify the managing funeral director under subdivision (a) who fails to do so or who makes a false statement on the required form shall be subject to disciplinary action if that person is a licensee of the bureau, or that failure or false statement shall be cause for denial of a license under Section 480. (d) For purposes of subdivision (a), the term “named on” applies to a person who was an owner, partner, or corporate officer of an entity that was licensed or registered under the act at the time that entity’s license or registration under the act was revoked, suspended, placed on probation, or surrendered. (Added by Stats. 2008, Ch. 490, Sec. 1. Effective January 1, 2009.)
  100. 7637.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. )

    Verify source ↗

    This article does not apply to several listed people and situations, including occasional sales, certain cemetery officers, attorneys, court-appointed or bankruptcy-related fiduciaries, and real estate licensees in limited transactions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. ) ## 7637. This article does not apply to the following cases or to the following persons: (a) A person acting with reference to an occasional sale of his or her own property. (b) The regular officers of a cemetery corporation holding a certificate of authority acting with reference to the corporation’s property when they receive no special compensation therefor. (c) Persons making an occasional sale under a duly executed power of attorney from others. (d) The services rendered by an attorney at law in performing his or her duties in that capacity. (e) A receiver, trustee in bankruptcy, any person acting under orders of any court, or a trustee selling under a deed of trust. (f) A real estate broker or real estate salesperson, acting in that capacity in connection with the sale, lease, or exchange of real property, or interest therein, when the transfer of cemetery property is purely incidental to the sale, lease, or exchange of real property. (Added by Stats. 2015, Ch. 395, Sec. 18. (AB 180) Effective January 1, 2016.)
  101. 7637.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. )

    Verify source ↗

    A person may not operate or present themselves as a cemetery broker or cemetery salesperson in this state without first getting a license from the bureau.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. ) ## 7637.1. A person shall not engage in the business of, act in the capacity of, or advertise or assume to act as, a cemetery broker or cemetery salesperson in this state without first obtaining a license from the bureau. (Added by Stats. 2015, Ch. 395, Sec. 18. (AB 180) Effective January 1, 2016.)
  102. 7637.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. )

    Verify source ↗

    If a cemetery licensee violates Section 7637.9, the bureau may suspend or revoke the license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. ) ## 7637.10. For violation of any of the provisions of Section 7637.9, 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. (Added by Stats. 2015, Ch. 395, Sec. 18. (AB 180) Effective January 1, 2016.)
  103. 7637.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. )

    Verify source ↗

    Certain business activities involving cemetery property or interment services can make a person a cemetery broker or cemetery salesperson.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. ) ## 7637.2. Any act other than an occasional sale of buying or selling, leasing, or exchanging cemetery property or interment services of or for another or on his or her own account, or offering for another or for his or her own account to buy or sell, lease, or exchange cemetery property or interment services, or negotiating the purchase or sale, lease, or exchange of cemetery property or interment services, or negotiating the purchase or sale, lease, or exchange, or listing or soliciting, or negotiating a loan on or leasing of cemetery property or interment services constitutes the person making such offer, sale or purchase, lease, or exchange, or negotiating the loan, or listing or soliciting, a cemetery broker or cemetery salesperson. (Added by Stats. 2015, Ch. 395, Sec. 18. (AB 180) Effective January 1, 2016.)
  104. 7637.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. )

    Verify source ↗

    A cemetery broker or cemetery salesperson in this state cannot sue to collect compensation for covered acts unless they allege and prove they were duly licensed when the claim arose.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. ) ## 7637.3. A person engaged in the business or acting in the capacity of a cemetery broker or a cemetery salesperson within this state shall not bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this article without alleging and proving that he or she was a duly licensed cemetery broker or cemetery salesperson at the time the alleged cause of action arose. (Added by Stats. 2015, Ch. 395, Sec. 18. (AB 180) Effective January 1, 2016.)
  105. 7637.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. )

    Verify source ↗

    Cemetery brokers and salespersons have to route compensation through the proper licensed broker relationships, and the bureau can suspend or revoke a license for violations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. ) ## 7637.4. (a) A cemetery broker shall not employ or compensate, directly or indirectly, any person for performing any of the acts within the scope of this article who is not a licensed cemetery broker, or a cemetery salesperson licensed under the cemetery broker employing or compensating him or her. A cemetery salesperson shall not be employed by or accept compensation from any person other than the cemetery broker under whom he or she is at the time licensed. (b) A salesperson shall not pay any compensation for performing any of the acts within the scope of this article to any licensee except through the cemetery broker under whom he or she is at the time licensed. (c) For a violation of any of the provisions of this section, 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. (Added by Stats. 2015, Ch. 395, Sec. 18. (AB 180) Effective January 1, 2016.)
  106. 7637.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. )

    Verify source ↗

    A person must not pay compensation for cemetery-brokerage work to someone who is not known to be, or cannot show evidence of being, a licensed cemetery broker. Violations are misdemeanors and may be fined up to $100 per offense.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. ) ## 7637.5. (a) It is a misdemeanor, punishable by a fine not exceeding one hundred dollars ($100) for each offense, for any person, whether obligor, escrowholder, or otherwise, to pay or deliver to anyone a compensation for performing any of the acts within the scope of this article who is not known to be or who does not present evidence to such payer that he or she is a licensed cemetery broker at the time compensation is earned. (b) For violation of any of the provisions of this section, 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. (Added by Stats. 2015, Ch. 395, Sec. 18. (AB 180) Effective January 1, 2016.)
  107. 7637.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. )

    Verify source ↗

    A person who acts as a cemetery broker or cemetery salesperson without a license, or advertises as one without being licensed, commits a misdemeanor. If the person is a corporation, it can be fined up to $5,000.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. ) ## 7637.6. Any person acting as a cemetery broker or cemetery salesperson without a license, or who advertises so as to indicate he or she is a cemetery broker without being so licensed, is guilty of a misdemeanor. If that person is a corporation, it shall be punished by a fine not to exceed five thousand dollars ($5,000). (Added by Stats. 2015, Ch. 395, Sec. 18. (AB 180) Effective January 1, 2016.)
  108. 7637.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. )

    Verify source ↗

    Cemetery salespeople and cemetery brokers must not sell cemetery property by promising it can be resold or repurchased at a profit; doing so is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. ) ## 7637.7. (a) Any cemetery salesperson or cemetery broker who sells, causes to be sold, or offers for sale any cemetery property upon the promise, guarantee, or representation to the purchaser that the same may be resold or repurchased at a financial profit is guilty of a misdemeanor. (b) For violation of any of the provisions of this section, the bureau may temporarily suspend or permanently revoke the license of the cemetery salesperson or cemetery broker in accordance with the provisions of this act relating to disciplinary proceedings. (c) No violation of any of the provisions of this section by any cemetery salesperson or employee of any licensed cemetery broker shall cause the suspension or revocation of the license of the employer of the salesperson or employee unless it appears upon a hearing by the bureau that the employer had guilty knowledge of the violation. (Added by Stats. 2015, Ch. 395, Sec. 18. (AB 180) Effective January 1, 2016.)
  109. 7637.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. )

    Verify source ↗

    Certain people may not knowingly spread false or fraudulent cemetery brokerage materials or ignore bureau orders; doing so is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. ) ## 7637.8. Every officer, agent, or employee of any company, and every other person who knowingly authorizes, directs, or aids in the publication, advertisement, distribution, or circulation of any false statement or representation concerning any cemetery or cemetery brokerage business and every person who, with knowledge that any advertisement, pamphlet, prospectus, or letter concerning any cemetery brokerage business or any written statement that is false or fraudulent, issues, circulates, publishes, or distributes the same, or causes it to be issued, circulated, published, or distributed, or who in any other respect willfully violates or fails, omits, or neglects to obey, observe, or comply with any order, permit, decision, demand, or requirement of the bureau under the provisions of this act relating to cemetery brokerage, is guilty of a misdemeanor, and, if a cemetery licensee, he or she shall be held to trial by the bureau for a suspension or revocation of his or her cemetery license, as provided in the provisions of this act relating to disciplinary proceedings. (Added by Stats. 2015, Ch. 395, Sec. 18. (AB 180) Effective January 1, 2016.)
  110. 7637.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. )

    Verify source ↗

    Cemetery brokers and cemetery salespeople must state in any advertising that they are acting in that role.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. ) ## 7637.9. Each cemetery broker, other than a cemetery corporation holding a certificate of authority, and each cemetery salesperson shall include in any advertising a statement that he or she is acting as a cemetery broker or cemetery salesperson. (Added by Stats. 2015, Ch. 395, Sec. 18. (AB 180) Effective January 1, 2016.)
  111. 7638.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. )

    Verify source ↗

    A person who is not making an occasional sale must not advertise cemetery property for sale or exchange unless licensed as a cemetery broker or cemetery salesperson, or holding a cemetery corporation certificate of authority.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.5. Cemetery Brokerage Regulations [7637 - 7638] ( Article 2.5 added by Stats. 2015, Ch. 395, Sec. 18. ) ## 7638. Any person, other than a person making an occasional sale, who advertises cemetery property for sale or exchange, without being duly licensed as a cemetery broker or a cemetery salesperson, or without possessing a certificate of authority as a cemetery corporation, is guilty of a misdemeanor. If such person is a corporation, it shall be punished by a fine of not to exceed five thousand dollars ($5,000). (Added by Stats. 2015, Ch. 395, Sec. 18. (AB 180) Effective January 1, 2016.)
  112. 7639.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. )

    Verify source ↗

    A corporation, partnership, or natural person may operate, establish, or maintain a hydrolysis facility only if it has a valid hydrolysis facility license issued by the bureau.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. ) ## 7639. A corporation, partnership, or natural person may operate, establish, or maintain a hydrolysis facility with a valid hydrolysis facility license issued by the bureau. (Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
  113. 7639.02.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. )

    Verify source ↗

    Ownership changes in a hydrolysis facility must be reported to the bureau, and a transfer of more than 50% of the equitable interest counts as a change of ownership.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. ) ## 7639.02. A change in the ownership of a hydrolysis facility shall be reported to the bureau. A transfer in a single transaction or related transactions of more than 50 percent of the equitable interest in a licensed hydrolysis facility shall constitute a change of ownership. When a change in ownership in a licensed hydrolysis facility occurs, the existing hydrolysis facility license shall lapse and the new owner shall obtain a license from the bureau as otherwise provided in this act. The bureau shall not require an applicant under this section to obtain any new permit or license from any other governmental agency when the existing permit or license is valid. (Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
  114. 7639.04.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. )

    Verify source ↗

    An application for a hydrolysis facility license must be made in writing on the bureau’s form and filed at the bureau’s principal office, with the required fees included.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. ) ## 7639.04. The application for a hydrolysis facility license 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 fees. (Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
  115. 7639.06.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. )

    Verify source ↗

    The bureau must review hydrolysis facility license applications for legal compliance and may not issue a license until it is satisfied that the applicant serves the public interest, human health, and environmental quality.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. ) ## 7639.06. (a) The bureau shall require an applicant for a hydrolysis facility license to prove compliance with all applicable laws, rules, regulations, ordinances, and orders, and shall not issue a hydrolysis facility license until the bureau is satisfied that the public interest, human health, and environmental quality will be served by the applicant. (b) The applicant for a hydrolysis facility license shall present to the bureau any state or locally required permits for business operations, including, but not limited to, any permits required by the following, to the extent applicable: (1) The local public health department. (2) The city, county, special district, joint powers authority, or other public agency that provides wastewater treatment services where the licensed hydrolysis facility is to be located. (3) The Department of Toxic Substances Control for the creation, collection, treatment, or transport of hazardous waste. (4) Any other state or locally required permit. (c) The applicant for a hydrolysis facility license shall prove to the bureau that it has the appropriate permits and contracts for the disposal of hydrolysate and which of the following models the facility will be using for the disposal: (1) Discharge to the sewer collection system. (2) Containment, collection, and transport to an appropriate treatment facility. (d) When applying to renew a hydrolysis facility license, an applicant shall present to the bureau records of annual maintenance of the hydrolysis chamber. (Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
  116. 7639.08.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. )

    Verify source ↗

    The bureau must set licensing standards for hydrolysis facility applicants, and hydrolysis facilities and manufacturers must meet approval, fee, reporting, maintenance, and renewal conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. ) ## 7639.08. (a) The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards for applicants for hydrolysis facility licenses. In reviewing an application for a hydrolysis facility license, the bureau may consider acts of the applicant, including acts of the incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a hydrolysis facility license pursuant to Division 1.5 (commencing with Section 475). (b) Hydrolysis chamber manufacturers may apply to the State Department of Public Health for approval of a hydrolysis chamber upon finding that the hydrolysis chamber causes the destruction of pathogenic micro-organisms pursuant to paragraph (3) of subdivision (a) of Section 118215 of the Health and Safety Code. (c) In its approval, the State Department of Public Health shall specify the minimum parameters of pH, time, temperature, and pressure that shall be used by each hydrolysis chamber to destroy all pathogenic micro-organisms. The department may use the guidance of the hydrolysis chamber operations and maintenance manual and biologic indicator spore testing to determine this, among other factors. (d) The hydrolysis chamber manufacturer shall pay to the State Department of Public Health, the application and evaluation fee as outlined in Section 118245 of the Health and Safety Code. (e) Every five years, licensed hydrolysis facilities that discharge hydrolysate to a sewer collection system shall submit to the Department of Public Health the results of biological indicator spore testing as well as the last 30 days of archived electronic hydrolysis chamber data that includes the pH, time, temperature, and pressure at which the chamber was operated. Based upon this information, the department shall evaluate whether the chamber continues to destroy pathogens. The licensee shall include this evaluation in its application to renew its license. If the chamber is determined not to destroy pathogens, the bureau shall not renew its license until this has been remedied. The department may charge a fee sufficient to cover the actual hourly costs of staff conducting its five year review of the alternative technology. (f) Once a hydrolysis chamber has been approved pursuant to subdivision (b), it may be employed by a licensed hydrolysis facility for the final disposition of human remains. (g) The bureau shall grant hydrolysis facility licenses only to applicants that will employ a hydrolysis chamber approved by the State Department of Public Health pursuant to subdivision (b). (h) A hydrolysis facility shall ensure or conduct annual maintenance of the hydrolysis chamber. (i) The bureau shall not renew a hydrolysis facility license without proof of annual maintenance of the hydrolysis chamber. (Amended by Stats. 2018, Ch. 92, Sec. 10. (SB 1289) Effective January 1, 2019. Section operative July 1, 2020, pursuant to Section 7639.19.)
  117. 7639.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. )

    Verify source ↗

    A licensed hydrolysis facility may not conduct hydrolysis unless it meets listed contract, timing, disposal, and reporting requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. ) ## 7639.10. (a) A licensed hydrolysis facility shall not conduct hydrolysis unless all of the following requirements are met: (1) The licensee has a written contract with the person or persons entitled to custody of the remains clearly stating the location, manner, and time of disposition of the remains, in which the person or persons entitled to custody of the remains agree to pay the licensee’s regular fee for hydrolysis, disposition, and other services rendered, and any other contractual provisions required by the bureau. (2) Hydrolysis of remains occurs not more than 24 hours after delivery of the remains to the licensee unless the remains have been preserved in the interim by refrigeration or embalming. (3) The licensee has a contractual relationship with a licensed cemetery authority for final disposition of hydrolyzed human remains by burial, entombment, or inurnment of any and all remains that are not lawfully disposed of or that are not called for or accepted by the person or persons entitled to the custody and control of the disposition of those remains within 90 days of date of death. (4) The licensee contains and collects all hydrolysate. Hydrolysate shall not be disposed of using a sewer collection system, except as prescribed in paragraph (8). (5) The licensee ensures that any hydrolysate is transported by a state-licensed biomaterials handler to a publicly owned wastewater treatment plant or licensed industrial anaerobic digestion facility or waste-to-energy or biomass facility for the beneficial use or disposal of that hydrolysate, unless disposing of hydrolysate using a sewer collection system as prescribed in paragraph (8). (6) Acceptance of hydrolysate from a licensed hydrolysis facility and a state-licensed biomaterials handler shall be voluntary and at the discretion of each individual facility described in paragraph (5). (7) Acceptance of hydrolysate by a licensed industrial anaerobic digestion, waste-to-energy, or biomass facility, if the facility has an industrial process sewer connection to a sewer collection system, shall only be allowed with the consent of the publicly owned treatment works to which the sewer collection system is tributary. (8) A licensed hydrolysis facility may dispose of hydrolysate using a sewer collection system only if all of the following conditions are met: (A) The city, county, special district, joint powers authority, or other public agency that provides wastewater treatment and disposal services to the licensed hydrolysis facility expressly authorizes the disposal of hydrolysate into the sewer collection system. If issuance of a permit is required by another city, county, special district, joint powers authority, or other public agency that provides sewer collection services where the licensee is located, authorization from both agencies must be obtained. (B) If the licensee receives the appropriate permissions required by subparagraph (A), the licensee shall comply with all local ordinances, pretreatment requirements, permitting requirements, waste discharge requirements, and all other applicable federal, state, and local laws, ordinances, and regulations governing the protection of water quality and public health, promotion of water recycling, and discharge into the sewer system. (C) The licensee shall demonstrate compliance as deemed appropriate by the public agency or agencies authorizing the disposal of hydrolysate into the sewer collection system. At a minimum this should include annual water quality testing as prescribed by the public agency or agencies authorizing the disposal of hydrolysate into the sewer collection system. (D) Authorization for disposal of hydrolysate using a sewer collection system shall be voluntary and at the discretion of each public agency described in subparagraph (A). Each public agency described in subparagraph (A) has the discretion to authorize or to prohibit the discharge of hydrolysate into a sewer collection system for any reason, including for purposes of promoting advanced water recycling systems. (b) Existing alkaline hydrolysis facilities utilized by medical schools for the purpose of anatomical gifting shall not be subject to paragraphs (1) to (3), inclusive, of subdivision (a), and shall continue to be regulated under the guidelines of the state’s anatomical gifting regulations. (Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
  118. 7639.12.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. )

    Verify source ↗

    A licensed hydrolysis facility must not stop relatives or the responsible party from viewing the hydrolysis process.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. ) ## 7639.12. A licensed hydrolysis facility shall not prohibit relatives or the responsible party from viewing the hydrolysis process. (Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
  119. 7639.16.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. )

    Verify source ↗

    A person, firm, or corporation must not hydrolyze human remains or handle the disposition of hydrolyzed human remains without a valid, unexpired hydrolysis facility license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. ) ## 7639.16. It is a misdemeanor for any person, firm, or corporation to hydrolyze human remains, or to engage in the disposition of hydrolyzed human remains, without a valid, unexpired hydrolysis facility license. Each hydrolysis carried out in violation of this section is a separate violation. (Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
  120. 7639.18.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. )

    Verify source ↗

    A licensed hydrolysis facility is subject to discipline by the bureau under Article 6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. ) ## 7639.18. A licensed hydrolysis facility shall be subject to, and shall be disciplined by the bureau in accordance with, Article 6 (commencing with Section 7686). (Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
  121. 7639.19.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. )

    Verify source ↗

    This article becomes operative on July 1, 2020.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 2.7. Hydrolysis Facilities [7639 - 7639.19] ( Article 2.7 added by Stats. 2017, Ch. 846, Sec. 4. ) ## 7639.19. This article shall become operative on July 1, 2020. (Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Note: This section prescribes a delayed operative date for Article 2.7, commencing with Section 7639.)
  122. 7640.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    This section defines who qualifies as an embalmer under California law.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. ) ## 7640. An embalmer is one who is duly qualified to disinfect or preserve human remains by the injection or external application of antiseptics, disinfectants or preservative fluids; to prepare human bodies for transportation which are dead of contagious or infectious diseases; and to use derma surgery or plastic art for restoring mutilated features; and who is duly licensed as an embalmer under the laws of the State of California. (Amended by Stats. 1998, Ch. 970, Sec. 46. Effective January 1, 1999.)
  123. 7641.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    A person may not embalm a body or present themselves as an embalmer unless licensed by the bureau.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. ) ## 7641. It is unlawful for any person to embalm a body, or engage in, or hold himself or herself out as engaged in practice as an embalmer, unless he or she is licensed by the bureau. However, this section shall have no effect on students and instructors of embalming in mortuary science programs approved by the bureau. (Amended by Stats. 2009, Ch. 307, Sec. 85. (SB 821) Effective January 1, 2010.)
  124. 7642.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    An embalmer license application must be on a bureau-provided form, verified by the applicant, and include the fee set by this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. ) ## 7642. An application for an embalmer’s license shall be written on a form provided by the bureau, verified by the applicant, and accompanied by the fee fixed by this chapter. (Amended by Stats. 2000, Ch. 568, Sec. 115. Effective January 1, 2001.)
  125. 7643.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    An applicant for an embalmer license must meet age, conduct, apprenticeship, and education requirements, unless a stated out-of-state practice exception applies to the apprenticeship requirement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. ) ## 7643. In order to qualify for a license as an embalmer, the applicant shall comply with all of the following requirements: (a) Be over 18 years of age. (b) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480. (c) Have completed at least two years of apprenticeship under an embalmer licensed and engaged in practice as an embalmer in this state in a funeral establishment which shall have been approved for apprentices by the bureau and while so apprenticed shall have assisted in embalming not fewer than 100 human remains; provided, however, that a person who has been licensed and has practiced as an embalmer for a minimum of three years within the seven years preceding his or her application in any other state or country and whose license has never been suspended or revoked for unethical conduct shall not be required to serve any apprenticeship in this state. (d) Have graduated from a mortuary science program approved by the bureau and accredited by the American Board of Funeral Service Education, or its equivalent, as determined by the bureau, and furnished official transcripts from that program or equivalent. (Amended by Stats. 2009, Ch. 307, Sec. 86. (SB 821) Effective January 1, 2010.)
  126. 7646.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    The bureau must require applicants to pass two examinations: the national sciences section (or an equivalent accepted by the bureau) and a bureau-administered exam on state laws and bureau rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. ) ## 7646. (a) The bureau shall require the applicant to pass both of the following: (1) The sciences section of the national examination administered by the International Conference of Funeral Service Examining Boards, or its equivalent, as determined by the bureau. (2) An examination, administered by the bureau, on the state’s laws and the rules and regulations of the bureau, including those sections of the Health and Safety Code which pertain to the funeral industry. (b) An applicant who has previously passed the sciences section of the national examination described in paragraph (1) of subdivision (a) shall be deemed to be in compliance with that paragraph. (Amended by Stats. 2019, Ch. 375, Sec. 5. (SB 606) Effective January 1, 2020.)
  127. 7647.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    The bureau must give notice of the time and place of the examination.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. ) ## 7647. Examinations shall be administered at times and places determined by the bureau and the International Conference of Funeral Service Examining Boards. The bureau shall give notice of the time and place of the examination described in paragraph (2) of subdivision (a) of Section 7646. (Amended by Stats. 2009, Ch. 307, Sec. 88. (SB 821) Effective January 1, 2010.)
  128. 7647.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    When a hearing is held on whether a license application should be granted, the hearing must follow the specified Government Code chapter, and the bureau has all powers granted there.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. ) ## 7647.5. Where a hearing is held to determine whether an application for a license should be granted, the proceeding shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the bureau shall have all of the powers granted therein. (Amended by Stats. 2000, Ch. 568, Sec. 119. Effective January 1, 2001.)
  129. 7648.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    The embalmer’s license is not assignable, and only the licensee may practice embalming under it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. ) ## 7648. No embalmer’s license is assignable, and only the licensee may engage in the practice of embalming under the license. (Added by Stats. 1939, Ch. 39.)
  130. 7649.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    A licensed embalmer must personally sign his or her name on a certificate when the certificate states that the embalmer performed the act mentioned, unless Section 102805 of the Health and Safety Code provides otherwise.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. ) ## 7649. Except as provided in Section 102805 of the Health and Safety Code, whenever the name of any licensed embalmer is subscribed to any certificate, the purport of which is that he or she has performed any act mentioned in the certificate, the licensed embalmer shall actually sign his or her name thereto. (Amended by Stats. 2003, Ch. 874, Sec. 24. Effective January 1, 2004.)
  131. 7650.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    The bureau may review embalmer licensing requirements in other states and keep a record of states whose standards are at least as strict as this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3. Embalmers [7640 - 7650] ( Article 3 added by Stats. 1939, Ch. 39. ) ## 7650. The bureau may examine the requirements for the issuance of licenses to embalmers in other states of the United States and cause a record to be kept of those states in which standards are maintained for embalmers, not lower than those provided in this chapter. (Amended by Stats. 2019, Ch. 375, Sec. 6. (SB 606) Effective January 1, 2020.)
  132. 7651.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    A cemetery broker license application must be written on the bureau’s form, filed at the bureau’s principal office, and include the original license fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7651. 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  133. 7651.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    The bureau may not issue an original cemetery broker’s license to a nonresident of the state.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7651.1. 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  134. 7651.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    A cemetery license does not authorize anyone other than the license holder to do acts covered by this act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7651.10. A cemetery license does not give authority to do any act specified in this act to any person other than the person to whom the license is issued. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  135. 7651.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    The bureau may not issue an original cemetery broker’s license unless the applicant has held a cemetery salesperson’s license for at least two years, with a narrow exception for certain experienced applicants approved by the bureau.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7651.2. 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  136. 7651.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    An applicant for a cemetery salesperson license must use the bureau’s prescribed form, file it at the bureau’s principal office, sign it, and include the license fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7651.3. 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  137. 7651.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    Section 7651.7 does not apply to an applicant for a cemetery salesperson’s license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7651.4. Notwithstanding any other provision of this chapter, Section 7651.7 does not apply to an applicant for a cemetery salesperson’s license. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  138. 7651.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    The bureau must investigate applicants’ qualifications and may issue the requested license if the article’s conditions are satisfied.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7651.5. 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  139. 7651.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    Cemetery brokers without a certificate of authority must file a bureau-approved bond for $10,000.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7651.6. 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 (commencing with Section 8100) 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 (commencing with Section 8100) 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, or by reason of any fraud connected with or growing out of any transactions contemplated by this chapter or Division 8 (commencing with Section 8100) of the Health and Safety Code. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  140. 7651.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    The bureau must use a written examination to verify that a cemetery broker license applicant, and certain officers, agents, or members of a copartnership or corporation applicant, have the required knowledge.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7651.7. 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  141. 7651.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    The bureau may waive the examination for some cemetery broker license applicants.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7651.8. 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 30 of the preceding fiscal year as an individual broker, an officer of a corporation, or member of a copartnership. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  142. 7651.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    If a license renewal application is filed on the bureau’s form before midnight on June 30 and includes the renewal fee, the applicant may keep operating under the existing license until written notice says the application was granted or denied.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7651.9. An application on the form prescribed by the bureau for the renewal of any unrevoked and unsuspended license filed before midnight of June 30 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  143. 7652.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    A cemetery brokerage corporation or copartnership must get an additional license for each extra officer or member it wants to have act as a cemetery broker under its license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7652. 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  144. 7652.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    Certain corporate officers and partnership members are treated as licensed cemetery brokers while they are employed under the license, but only for the corporation or copartnership they represent.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7652.1. 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  145. 7652.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    The bureau may require an applicant to provide proof of compliance with applicable laws, rules, regulations, ordinances, and orders.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7652.10. 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  146. 7652.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    The broker must prominently display the broker’s and salesperson’s cemetery licenses in the broker’s office, and the licensed cemetery broker employer must keep the salesperson’s license until it is canceled or the salesperson leaves employment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7652.2. 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  147. 7652.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    When a salesperson leaves a broker’s employment, the broker must immediately return the salesperson’s license to the bureau for cancellation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7652.3. 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  148. 7652.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    Licensed cemetery brokers must keep a definite business location in the state, use the license only at the issued location, and notify the bureau in writing before changing location.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7652.4. (a) 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. (b) No cemetery license authorizes the licensee to do business except from the location for which the cemetery license was issued. (c) 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  149. 7652.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    A cemetery broker license applicant with more than one business location in the state must get an extra license for each branch office, and each application must list the person’s name and the business location.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7652.5. (a) 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. (b) 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  150. 7652.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    Each cemetery broker must post and keep a sign at the premises in a conspicuous place showing that the broker is licensed and displaying the broker’s name.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7652.6. 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  151. 7652.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    If someone violates certain listed sections, the bureau may suspend or permanently revoke the cemetery licensee’s license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7652.7. For a violation of any of the provisions of Sections 7652.2, 7652.3, 7652.4, and 7652.6, 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  152. 7652.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    An applicant for a certificate of authority must file a written application on the bureau’s form at the bureau’s principal office and include the required fee and supporting showing.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7652.8. 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 act or that the applicant is in a position to commence operating a cemetery. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  153. 7652.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    Cemeteries that need a certificate of authority must be supervised by a qualified manager, cemetery managers must pass a written exam, and no one may act as a cemetery manager without first getting a bureau license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7652.9. 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. A person shall not 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  154. 7653.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    The bureau must adopt rules for certificate applicants, may investigate applications, and applicants must pay an initial $750 fee, with a possible additional deposit within five days if needed, up to $900 total.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7653. (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. (c) At the time of the filing of the application required by this section, the applicant shall pay to the Cemetery and Funeral Fund the sum of seven hundred fifty dollars ($750) 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, deposit an additional sum sufficient to defray those expenses, provided that the total sum shall not exceed nine hundred dollars ($900). (Amended by Stats. 2022, Ch. 625, Sec. 44. (SB 1443) Effective January 1, 2023.)
  155. 7653.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    The bureau may allow certain cemetery interments without a currently valid certificate of authority if interment rights would otherwise be impaired, but this section does not authorize sales of lots, vaults, or niches in that situation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7653.1. (a) 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 7731.2 shall not be applicable to such interments. (b) 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  156. 7653.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    The bureau must inspect licensed crematories and may access books, records, buildings, chambers/furnaces, and storage areas during business or operating hours without prior notice.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7653.2. 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  157. 7653.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    The bureau must conduct at least one unannounced inspection of each licensed crematory every year.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7653.3. The bureau shall annually conduct a minimum of one unannounced inspection of each licensed crematory. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  158. 7653.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    The bureau must inspect certain cemeteries and may enter specified records and areas during business or office hours. No prior notice is required, and failure to permit inspection can lead to discipline.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7653.4. 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  159. 7653.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    The bureau must inspect each cemetery that needs a certificate of authority at least once every year, and the inspection must be unannounced.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7653.5. The bureau shall annually conduct a minimum of one unannounced inspection of each cemetery for which a certificate of authority is required. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  160. 7653.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    Cemeteries must employ and designate a licensed cemetery manager, report the designation and any change within 10 days, and the designated manager must supervise the cemetery’s operations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7653.6. 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 this 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  161. 7653.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    A person applying for a cemetery manager license must apply in writing, use the bureau’s form, pay the required fee, meet age, education, background, training, and residency requirements, and pass the cemetery manager exam; the bureau must issue the license if those requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7653.7. (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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  162. 7653.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    A person may not act as a cemetery manager without a valid, unexpired license from the bureau, and a licensed cemetery manager may not do that work unless employed by, or serving as a corporate officer of, a licensed cemetery.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7653.8. (a) A person shall not 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) A licensed cemetery manager shall not 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. (Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)
  163. 7653.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

    Verify source ↗

    A court may appoint a temporary manager for a private cemetery when the existing manager has stopped performing duties because of license problems, and the court must appoint a licensed cemetery manager for that role.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9] ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. ) ## 7653.9. (a) Notwithstanding any other law, based upon a finding by a court of competent jurisdiction that a cemetery manager of a private cemetery has ceased to perform their duties, as described in subdivision (a) of Section 7611.4, due to a lapse, suspension, surrender, abandonment, or revocation of their 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 7611.4. 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. (d) (1) Notwithstanding any other law, if a court has not appointed a temporary manager within six months of the suspension, revocation, or surrender of the license of a cemetery manager of a private cemetery or the appointment of a temporary manager has expired, the county in which the cemetery is located may assume responsibility for the maintenance of the cemetery and may preserve public access to the cemetery until the court can appoint a temporary manager. (2) If a county assumes maintenance responsibilities for a cemetery under this subdivision, the county shall be reimbursed from the available income in the endowment care fund for maintenance services rendered until a temporary care manager is appointed by the court or a new permanent cemetery manager is found. (3) If a county assumes maintenance responsibilities for a cemetery under this subdivision, the county shall perform, at a minimum, all of the following maintenance services on the cemetery property: (A) Keep cemetery grounds open for public access. (B) Trim or mow grass and prune shrubs and trees on cemetery grounds. (C) Keep public areas of the cemetery grounds and water features clear of trash and debris. (D) Provide a supply of water to keep cemetery grass and plants as green as possible with consideration of water availability. (Amended by Stats. 2021, Ch. 442, Sec. 3. (AB 651) Effective January 1, 2022.)
  164. 7660.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    An apprentice embalmer is someone studying embalming under the instruction and supervision of a licensed embalmer with at least two years of practical experience in California.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. ) ## 7660. An apprentice embalmer is a person engaged in the study of embalming under the instruction and supervision of a licensed embalmer who has had at least two years’ practical experience as a California licensed embalmer. (Amended by Stats. 1996, Ch. 1151, Sec. 23. Effective January 1, 1997.)
  165. 7661.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    An applicant for embalmer’s apprentice registration must use the bureau’s form, verify the application, and include the fee set by the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. ) ## 7661. An application for registration as an embalmer’s apprentice shall be made upon a form provided by the bureau, verified by the applicant and accompanied by the fee fixed by this chapter. (Amended by Stats. 2000, Ch. 568, Sec. 121. Effective January 1, 2001.)
  166. 7662.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    An applicant for apprentice embalmer qualification must meet age, character, and education or experience requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. ) ## 7662. In order to qualify as an apprentice embalmer, an applicant shall comply with all of the following requirements: (a) Be over 18 years of age. (b) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480. (c) Do one of the following: (1) Furnish proof showing completion of a high school course. (2) Furnish the bureau with evidence that he or she has been licensed and has practiced as an embalmer for a minimum of three years within the seven years preceding his or her application in any other state or country and that the license has never been suspended or revoked for unethical conduct. (3) Have graduated from a mortuary science program approved by the bureau and accredited by the American Board of Funeral Service Education, or its equivalent, as determined by the bureau, and furnished official transcripts from that program or equivalent. (Amended by Stats. 2009, Ch. 307, Sec. 89. (SB 821) Effective January 1, 2010.)
  167. 7664.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    Apprenticeship certificates expire when the holder gets an embalmer license or after six years from registration, whichever happens first, and they cannot be renewed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. ) ## 7664. Certificates of apprenticeship issued pursuant to this article shall expire when the holder has been issued a license as an embalmer, or six years from the date of registration, whichever first occurs. The certificates may not be renewed, but an apprentice embalmer who has not completed his or her term of apprenticeship at the time his or her certificate expires may apply for reregistration upon compliance with Section 7661. The bureau may, when the circumstances warrant, allow an apprentice credit under a reregistration for the time actually served under a previous registration, but no reregistration shall have the effect of continuing the term of apprenticeship beyond the period specified in Section 7666. (Amended by Stats. 2000, Ch. 568, Sec. 123. Effective January 1, 2001.)
  168. 7665.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    Registered apprentice embalmers must follow reporting requirements during apprenticeship, and funeral directors and supervising embalmers must provide requested apprenticeship information to the bureau.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. ) ## 7665. All registered apprentice embalmers shall comply with the following requirements during their period of apprenticeship: (a) Shall file a report of apprenticeship as follows: (1) On or before January 15 of each year covering the period of apprenticeship ending as of December 31 preceding. (2) Upon change of supervising embalmer or employer, or both. (3) Upon completion of apprenticeship. (4) Upon application for leave of absence for a period in excess of 15 days. (5) Upon suspending apprenticeship to attend a mortuary science program. (6) Upon application for reregistration after suspension or revocation of registration if a complete report of previous registration has not been filed. (b) The information contained in the report shall consist of a concise summary of the work done by the apprentice during the period covered thereby, shall be verified by the apprentice and certified to as correct by his or her supervising embalmer and employer. Upon request of the bureau, each funeral director in whose establishment an apprenticeship is being, or has been, served, and each embalmer under whose instruction or supervision an apprenticeship is being or has been served, shall promptly file with the bureau a report or such other information as may be requested relating to the apprenticeship. Failure to comply with the request is cause for revocation by the bureau of the approval granted to the funeral director or embalmer for the training of apprentices and is also a cause for disciplinary action against the funeral director or embalmer. (Amended by Stats. 2009, Ch. 307, Sec. 90. (SB 821) Effective January 1, 2010.)
  169. 7666.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    This section sets apprenticeship timing rules for funeral-industry apprentices and related students, including registration, extensions, and completion deadlines.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. ) ## 7666. (a) The term of apprenticeship shall be two years. However, if an apprentice after having served his or her apprenticeship fails to pass the examinations required for an embalmer’s license, he or she may continue for one additional term of apprenticeship, which shall be the maximum apprenticeship permitted and provided further that an apprentice may, upon filing an application therefor, be permitted to continue the apprenticeship for a period not to exceed six months, if approved, for any of the following reasons: (1) While awaiting the processing of applications submitted to the bureau. (2) While awaiting notification of grades of examinations required under Section 7646. (3) While awaiting the commencement of a class of a mortuary science program when the apprentice intends to enroll in the program. Applications filed for an extension of apprenticeship shall be filed by the applicant with the bureau not fewer than 15 days prior to the date the applicant requests the extension to commence. (b) Terms of apprenticeship may be served before, after, or divided by the mortuary science program at the option of the apprentice; provided, however, that the term of apprenticeship must be completed, excluding time spent in active military service, within six years from the date of original registration, or from the date an apprentice successfully passes the examinations for an embalmer’s license required in Section 7646, whichever first occurs, and provided further that if the term of apprenticeship is not completed within the six-year period, the bureau may require that the applicant serve the additional term of apprenticeship, not to exceed two years. (c) A student attending a mortuary science program may register as an apprentice during the program term but shall receive no credit for apprenticeship on the term required by this code unless he or she is also a full-time employee of a funeral director. (d) An apprentice while serving his or her required term of apprenticeship shall be a full-time employee in the funeral establishment in which he or she is employed. (Amended by Stats. 2009, Ch. 307, Sec. 91. (SB 821) Effective January 1, 2010.)
  170. 7667.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    The bureau may grant and approve apprenticeship leaves of absence, but a leave cannot exceed one year total. Apprentices must apply on a bureau form, report the end of leave within 10 days of resuming apprenticeship, and get the resumption statement certified; late reporting can lead to cancellation of registration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. ) ## 7667. (a) The bureau shall have the power to grant leaves of absence and extensions of leaves of absence and approve absences during the term of apprenticeship. (b) A leave of absence, including any extensions, shall not be approved for a longer period than an aggregate of one year. (c) No credit will be given to an apprentice on his or her apprenticeship for the period during which he or she is absent from duty on leave. (d) Application for a leave of absence and for an extension thereof shall be made by the apprentice on a form provided by the bureau. (e) Upon termination of a leave of absence, the apprentice shall report that fact to the bureau within 10 days of his or her resumption of apprenticeship by returning to the bureau, his or her certificate of registration accompanied by a statement as to the resumption of apprenticeship which statement shall be certified as correct by the funeral director in whose establishment he or she is to resume his or her duties and by the embalmer under whose supervision he or she is to resume his or her apprenticeship. (f) Failure to report within 10 days after the expiration date of any leave of absence shall be cause for cancellation of the registration of an apprentice. (Amended by Stats. 2000, Ch. 568, Sec. 126. Effective January 1, 2001.)
  171. 7668.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    The bureau may suspend or revoke an apprentice certificate after notice and a complaint-and-hearing process if the apprentice commits one of the listed acts or omissions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. ) ## 7668. The bureau may suspend or revoke a certificate of apprenticeship, after notice and upon complaint and hearing in accordance with the provisions of Article 6, if the apprentice is guilty of any of the following acts or omissions: (a) Failure to devote full-time employment to the duties of his or her apprenticeship. (b) Failure to make any report required by this chapter. (c) Absence from duty except as provided in this code. (d) Being on duty as an apprentice while under the influence of any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Article 2 (commencing with Section 4015) of Chapter 9 of the Business and Professions Code, or alcoholic beverages or other intoxicating substances, to an extent dangerous or injurious to himself, herself, any person, or the public to the extent that such use impairs his or her ability to conduct with safety to the public the practice authorized by his or her certification. (e) Disobedience of proper orders or instructions of his or her superior. (f) Violation of any provision of this chapter or any rule or regulation of the bureau. (g) Soliciting business for a funeral director or for an embalmer in violation of this chapter. (h) Fraud or misrepresentation in obtaining a certificate of registration as an apprentice. (i) Conviction of a crime substantially related to the qualifications, functions and duties of an apprentice, in which case the record of conviction, or a certified copy, shall be conclusive evidence of the conviction. (Amended by Stats. 2000, Ch. 568, Sec. 127. Effective January 1, 2001.)
  172. 7669.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    An apprentice with a suspended or revoked certificate may apply for reregistration within one year, if the legal requirements and fee are paid.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. ) ## 7669. An apprentice who has had his or her certificate of apprenticeship suspended or revoked may, within one year after the suspension or revocation apply for reregistration upon compliance with the law in effect at the time he or she so applies and payment of the apprentice application fee fixed by this chapter. No reregistration shall have the effect of continuing an apprenticeship beyond the period specified in Section 7666. The bureau may, when the circumstances warrant, allow an apprentice credit under a reregistration for the time actually served under a previous registration, but if the previous registration has been suspended or revoked for unprofessional conduct, not more than 75 percent of the time previously served shall be credited on the reregistration. (Amended by Stats. 2000, Ch. 568, Sec. 128. Effective January 1, 2001.)
  173. 7670.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    Apprentices under this section must be served in a licensed funeral establishment that has bureau approval, and the establishment must apply and show specified qualifications to qualify and renew that approval.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. ) ## 7670. (a) The apprenticeship required by this article shall be served in a licensed funeral establishment that shall have been previously approved for apprenticeship training by the bureau. In order to qualify for approval, the funeral establishment shall submit to the bureau an application, accompanied by the fee fixed by this chapter, showing: (1) That not less than 50 human remains per apprentice employed have been embalmed in the establishment during the 12 months immediately preceding the date of the application. (2) That the applicant has, and will continue to have, for each two apprentices employed by the establishment, a full-time employed California embalmer who has had not less than two years’ practical experience as a California licensed embalmer immediately preceding the date of the application or a trade embalmer who is hired by the establishment on a case-by-case basis who has had not less than two years’ practical experience as a California licensed embalmer immediately preceding the date of the application. (3) That the licensed funeral establishment applicant meets the requirements of law as to equipment, cleanliness and sanitation as determined by an inspection report filed with the bureau. (4) Nothing in this section shall be construed to prohibit a trade embalmer, as described in paragraph (2), from acting as the supervising embalmer of an apprentice pursuant to this section. (b) Licensed funeral establishments under common ownership within close geographical proximity of each other may request any of the following from the bureau: (1) To be treated in aggregate for the purpose of meeting the requirements of paragraph (1) of subdivision (a). (2) To designate one additional supervising embalmer per registered apprentice. (3) To allow a registered apprentice to serve in any or all of the licensed funeral establishments requested and approved pursuant to this section. (c) Approval granted under this section shall be renewed annually upon application by the funeral establishment showing continued compliance with the foregoing provisions of this section, filed with the bureau not later than January 15 of each year. An application for renewal shall be accompanied by the fee fixed by this chapter. (d) For purposes of this section, “trade embalmer” means a person who is an independent California licensed embalmer who embalms dead human bodies on a contractual basis for one or more California licensed funeral establishments. (Amended by Stats. 2017, Ch. 150, Sec. 1. (AB 1381) Effective January 1, 2018.)
  174. 7671.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    Certain registered apprentices and California mortuary science students do not have to comply with amendments that raise apprentice embalmer or embalmer licensing requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4. Apprentices [7660 - 7671] ( Article 4 added by Stats. 1939, Ch. 39. ) ## 7671. No person who is a duly registered apprentice or a student at an approved mortuary science program in California at the time of any amendment to this chapter raising the requirements for apprentice embalmers or license as an embalmer shall be required to comply with the provisions of that amendment. (Amended by Stats. 2009, Ch. 307, Sec. 92. (SB 821) Effective January 1, 2010.)
  175. 7672.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. )

    Verify source ↗

    Registrants must use the bureau’s form, include specified contact and vehicle details, and attach the required fee. Registered cremated remains disposers must also post certain licenses and storage-area addresses at their business location, with an added posting rule starting January 1, 2027 for soil integration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. ) ## 7672.1. (a) Registration shall be on the form prescribed by the bureau and shall include, but not be limited to, the full name of the registrant, business and residence addresses, description and identification of aircraft or boats that may be used in dispensing cremated human remains or hydrolyzed human remains, and the area to be served. Each registration application shall be accompanied by the cremated remains disposer fee. (b) Every registered cremated remains disposer who dispenses human remains by air shall post a copy of the person’s current pilot’s license, and the address of the cremated remains or hydrolyzed human remains storage area at their place of business. Every registered cremated remains disposer who dispenses human remains by boat shall post a copy of the person’s current boating license and the address of the cremated remains or hydrolyzed human remains storage area at their place of business. (c) Commencing January 1, 2027, every registered cremated remains disposer who integrates reduced human remains into the soil shall post a copy of the address of the reduced human remains storage area at their place of business. (Amended by Stats. 2022, Ch. 399, Sec. 11. (AB 351) Effective January 1, 2023.)
  176. 7672.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. )

    Verify source ↗

    A person may not scatter cremated or hydrolyzed human remains, or (starting January 1, 2027) integrate reduced human remains into soil, without a valid registration unless otherwise exempt; each person’s remains count as a separate violation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. ) ## 7672.10. (a) A person who scatters cremated human remains or hydrolyzed human remains without a valid registration and who is not otherwise exempt from this article shall be guilty of a misdemeanor. The remains of each person scattered shall constitute a separate violation. (b) Commencing January 1, 2027, a person who integrates reduced human remains into the soil without a valid registration and who is not otherwise exempt from this article shall be guilty of a misdemeanor. The remains of each person integrated into the soil shall constitute a separate violation. (Amended by Stats. 2022, Ch. 399, Sec. 20. (AB 351) Effective January 1, 2023.)
  177. 7672.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. )

    Verify source ↗

    Aircraft used to scatter cremated or hydrolyzed human remains must be FAA-certified, and boats or vessels used for that purpose must be registered with the DMV or documented by a federal agency; the certification or registration must be available for bureau inspection.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. ) ## 7672.3. (a) All aircraft used for the scattering of cremated human remains or hydrolyzed human remains shall be validly certified by the Federal Aviation Administration. All boats or vessels used for the scattering of cremated human remains or hydrolyzed human remains shall be registered with the Department of Motor Vehicles or documented by a federal agency, as appropriate. The certification or registration shall be available for inspection by the bureau. (b) This section shall become operative on July 1, 2020. (Repealed (in Sec. 13) and added by Stats. 2017, Ch. 846, Sec. 14. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  178. 7672.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. )

    Verify source ↗

    Each cremated remains disposer must give the person with the right to control disposition a copy of the completed permit for disposition of human remains within 30 days after scattering.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. ) ## 7672.5. Each cremated remains disposer shall provide the person with the right to control the disposition of the remains under Section 7100 of the Health and Safety Code with a copy of the completed permit for disposition of human remains pursuant to Chapter 8 (commencing with Section 103050) of Part 1 of Division 102 of the Health and Safety Code within 30 days of the date of the scattering. (Added by Stats. 2015, Ch. 395, Sec. 20. (AB 180) Effective January 1, 2016.)
  179. 7672.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. )

    Verify source ↗

    Cremated remains disposer registrations expire every year on September 30, and renewal requires a bureau-prescribed form, the required fee, and, if the registration has expired, renewal within five years.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. ) ## 7672.8. All cremated remains disposer registrations shall expire at midnight on September 30 of each year. A person desiring to renew his or her registration shall file an application for renewal on a form prescribed by the bureau accompanied by the required fee. A registration that has expired may be renewed within five years of its expiration upon payment of all accrued and unpaid renewal fees. The bureau shall not renew the registration of any person who has not filed the required annual report until he or she has filed a complete annual report with the department. (Added by Stats. 2015, Ch. 395, Sec. 20. (AB 180) Effective January 1, 2016.)
  180. 7672.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. )

    Verify source ↗

    A person with a cremated remains disposer registration must apply for renewal before midnight on September 30 of the year the registration was issued.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. ) ## 7672.9. If a person fails to apply for renewal of his or her cremated remains disposer registration prior to midnight of September 30 of the year for which the registration was issued, no renewal shall be issued except upon payment of the delinquent renewal fee required under Section 7729.2. (Added by Stats. 2015, Ch. 395, Sec. 20. (AB 180) Effective January 1, 2016.)
  181. 7673.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. )

    Verify source ↗

    A person may not scatter cremated or hydrolyzed human remains, or later reduced human remains, unless specific written instructions from the person with control of disposition are followed; violating this is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. ) ## 7673. (a) A person who scatters any cremated human remains or hydrolyzed human remains without specific written instructions from the person having the right to control the disposition of the remains or who scatters remains in a manner not in accordance with those instructions shall be guilty of a misdemeanor. (b) Commencing January 1, 2027, a person who integrates reduced human remains into the soil without specific written instructions from the person having the right to control the disposition of the remains, or who integrates reduced human remains into the soil in a manner not in accordance with those instructions shall be guilty of a misdemeanor. (Amended by Stats. 2022, Ch. 399, Sec. 21. (AB 351) Effective January 1, 2023.)
  182. 7673.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. )

    Verify source ↗

    A cremated remains disposer is subject to discipline by the bureau under Article 6, and any violation of this article can also lead to disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 4.5. Cremated Remains Disposer [7672 - 7673.2] ( Article 4.5 added by Stats. 2015, Ch. 395, Sec. 20. ) ## 7673.2. A cremated remains disposer shall be subject to and shall be disciplined by the bureau in accordance with Article 6 (commencing with Section 7686). Any violation of this article shall also be grounds for disciplinary action. (Added by Stats. 2015, Ch. 395, Sec. 20. (AB 180) Effective January 1, 2016.)
  183. 7680.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 5. Licenses [7680- 7680.] ( Heading of Article 5 amended by Stats. 1947, Ch. 1079. )

    Verify source ↗

    A licensee must display each issued license conspicuously at the place of business or employment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 5. Licenses [7680- 7680.] ( Heading of Article 5 amended by Stats. 1947, Ch. 1079. ) ## 7680. Every license issued shall be displayed conspicuously in the place of business or employment of the licensee. The form and content of every license issued shall be determined in accordance with Section 164. (Amended by Stats. 1971, Ch. 716.)
  184. 7685.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 5.5. Funeral Practices [7685 - 7685.6] ( Article 5.5 added by Stats. 1971, Ch. 1027. )

    Verify source ↗

    Funeral directors must give price and casket information in writing, and certain funeral establishments must post required price-list information on their websites.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 5.5. Funeral Practices [7685 - 7685.6] ( Article 5.5 added by Stats. 1971, Ch. 1027. ) ## 7685. (a) (1) Every funeral director shall provide to any person, upon beginning discussion of prices or of the funeral goods and services offered, a written or printed list containing, but not necessarily limited to, the price for professional services offered, that may include the funeral director’s services, the preparation of the body, the use of facilities, and the use of automotive equipment. All services included in this price or prices shall be enumerated. The funeral director shall also provide a statement on that list that gives the price range for all caskets offered for sale. (2) The list shall also include a statement indicating that the survivor of the deceased who is handling the funeral arrangements, or the responsible party, is entitled to receive, before the drafting of any contract, a copy of any preneed agreement that has been signed and paid for, in full or in part, by or on behalf of the deceased, and that is in the possession of the funeral establishment. (3) The funeral director shall also provide a written statement or list that, at a minimum, specifically identifies a particular casket or caskets by price and by thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements under Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, when a request for specific information on a casket or caskets is made in person by an individual. Prices of caskets and other identifying features such as thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements required to be given over the telephone by Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, shall be provided over the telephone, if requested. (b) (1) Each licensed funeral establishment that maintains an Internet Web site shall post on its Internet Web site the list of funeral goods and services that are required to be included in the establishment’s general price list, pursuant to federal rule, and a statement that the general price list is available upon request. (2) Information posted pursuant to paragraph (1) shall be provided by a link from the Internet Web site homepage with a word or combination of words, including, but not limited to, “goods,” “merchandise,” “products,” or “services.” (3) An establishment that posts on its Internet Web site homepage the words “price information” or a similar phrase that includes the word “price,” with a link that leads to the establishment’s general price list, need not comply with paragraphs (1) or (2). (4) This subdivision shall not be construed to affect an establishment’s obligations under federal or state law effective before January 1, 2013. (5) This subdivision shall become operative on January 1, 2013. (Amended by Stats. 2016, Ch. 86, Sec. 13. (SB 1171) Effective January 1, 2017.)
  185. 7685.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 5.5. Funeral Practices [7685 - 7685.6] ( Article 5.5 added by Stats. 1971, Ch. 1027. )

    Verify source ↗

    Funeral directors must price caskets individually and show required casket details on price tags; they also cannot charge certain fees in specified situations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 5.5. Funeral Practices [7685 - 7685.6] ( Article 5.5 added by Stats. 1971, Ch. 1027. ) ## 7685.1. (a) The funeral director shall in a conspicuous manner place the price on each casket. Individual price tags on caskets shall include the thickness of metal, or type of wood, or other construction, as applicable, in addition to interior and color information. Each casket shall be priced individually, irrespective of the type of service purchased. If a funeral director advertises a funeral service for a stated amount, he or she shall display in a reasonably convenient location in the showroom and have available for sale, any casket which is used for determining that price. (b) No funeral director shall charge the survivor of the deceased who is handling the funeral or burial arrangements or the responsible party a handling fee for a casket supplied by the survivor or responsible party. (c) No funeral director or embalmer shall charge any additional fee for handling or embalming a body when death was due to a contagious or infectious disease. (Amended by Stats. 1992, Ch. 797, Sec. 2. Effective January 1, 1993.)
  186. 7685.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 5.5. Funeral Practices [7685 - 7685.6] ( Article 5.5 added by Stats. 1971, Ch. 1027. )

    Verify source ↗

    The bureau must provide a consumer guide to funeral establishments and cemetery authorities, and licensees must display, make available, and give consumers a copy of the guide at the required times.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 5.5. Funeral Practices [7685 - 7685.6] ( Article 5.5 added by Stats. 1971, Ch. 1027. ) ## 7685.5. (a) The bureau shall make available to funeral establishments and cemetery authorities a copy of a consumer guide for funeral and cemetery purchases for purposes of reproduction and distribution. The funeral and cemetery guide that is approved by the bureau, in consultation with the funeral and cemetery industries and any other interested parties, shall be made available in printed form and electronically through the Internet. (b) A licensee shall prominently display and make available to any individual who, in person, inquires about funeral or cemetery purchases, a copy of the consumer guide for funeral and cemetery purchases, reproduced as specified in subdivision (a). (c) Prior to the drafting of a contract for services, the licensee shall provide, for retention, the consumer with a copy of the consumer guide for funeral and cemetery purchases described in subdivisions (a) and (b). (Amended by Stats. 2015, Ch. 395, Sec. 22. (AB 180) Effective January 1, 2016.)
  187. 7685.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 5.5. Funeral Practices [7685 - 7685.6] ( Article 5.5 added by Stats. 1971, Ch. 1027. )

    Verify source ↗

    Funeral establishments must give a disclosure statement before drafting funeral contracts, and the bureau must provide a form for it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 5.5. Funeral Practices [7685 - 7685.6] ( Article 5.5 added by Stats. 1971, Ch. 1027. ) ## 7685.6. (a) Every funeral establishment, prior to drafting any contract for funeral goods or services, shall present to the survivor of the deceased who is handling the funeral arrangements, or the responsible party, a statement disclosing whether or not the funeral establishment has any preneed agreement made by or on behalf of the deceased. If the funeral establishment has a preneed agreement made by or on behalf of the deceased, the statement shall also declare the establishment’s compliance with Section 7745. The disclosure statement shall be signed and dated by the representative of the funeral establishment and by the survivor or responsible party. The completed disclosure statement shall be retained by the funeral establishment for a period of time determined by the bureau, and a copy shall be given to the survivor or responsible party. (b) The bureau shall develop a form, in consultation with the funeral industry and any other interested parties, that is separate and distinct from other forms, upon which the disclosure statement shall be made. The bureau shall make the form available to funeral establishments for purposes of reproduction and distribution, and the form shall also be available electronically through the Internet. The form shall be simple and easy to read and shall include all of the following: (1) The definition of a preneed arrangement, adopted by the bureau by regulation. (2) A statement of the funeral establishment’s responsibilities under Section 7745. (3) Information about how the consumer may contact the bureau for more information or how to file a complaint against a licensee. (c) A violation of this section constitutes grounds for disciplinary action. (d) This section shall become operative July 1, 2002. (Added by Stats. 2001, Ch. 715, Sec. 3. Effective January 1, 2002. Section operative July 1, 2002, by its own provisions.)
  188. 7686.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    The bureau may suspend or revoke a license after proper notice and hearing if the licensee was found guilty of conduct that supports disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7686. The bureau may suspend or revoke licenses, after proper notice and hearing to the licensee, if the licensee has been found guilty by the bureau of any of the acts or omissions constituting grounds for disciplinary action. The proceedings under this article shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the bureau shall have all the powers granted therein. (Amended by Stats. 2000, Ch. 568, Sec. 133. Effective January 1, 2001.)
  189. 7686.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    Accusations against licensees must be filed with the bureau within two years of the act or omission, except fraud or misrepresentation allegations, which may be filed within three years after the bureau discovers the facts.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7686.5. All accusations against licensees shall be filed with the bureau within two years after the performance of the act or omission alleged as the ground for disciplinary action; provided, however, that the foregoing provision shall not constitute a defense to an accusation alleging fraud or misrepresentation as a ground for disciplinary action. The cause for disciplinary action in such case shall not be deemed to have accrued until discovery, by the bureau, of the facts constituting the fraud or misrepresentation, and, in such case, the accusation shall be filed within three years after such discovery. (Amended by Stats. 2000, Ch. 568, Sec. 134. Effective January 1, 2001.)
  190. 7687.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    If a complaint is received, the bureau may investigate as it considers necessary.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7687. Upon receipt of a complaint, the bureau may make or cause to be made such investigation as it deems necessary. (Amended by Stats. 2000, Ch. 568, Sec. 135. Effective January 1, 2001.)
  191. 7688.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    If a cemetery-related license expires, is suspended, or is voluntarily surrendered, the director may help another law enforcement entity investigate or pursue actions or criminal proceedings.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7688. Notwithstanding any law, in the event of expiration or suspension of a license by operation of law or by order or decision of the director or a court of law, or the voluntary surrender of a license by a cemetery licensee, cemetery owner, cemetery operator, or holder of a cemetery certificate of authority, the director may coordinate and assist with any investigation of or action or criminal proceedings against the cemetery licensee and its officers, agents, or employees that is conducted by another law enforcement entity. (Added by Stats. 2021, Ch. 442, Sec. 4. (AB 651) Effective January 1, 2022.)
  192. 7690.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    The bureau may discipline accused licensees in certain disciplinary cases, and may impose specified penalties.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7690. The bureau may discipline every accused licensee whose default has been entered or who has been tried and found guilty, after formal hearing, of any act or omission constituting a ground for disciplinary action. Any of the following penalties may be imposed by the bureau: (a) Suspension of the disciplinary order. (b) Reproval, public or private. (c) Probation. (d) Suspension of the right to practice. (e) Revocation of the right to practice. (f) Such other penalties as the bureau deems fit. (Amended by Stats. 2000, Ch. 568, Sec. 136. Effective January 1, 2001.)
  193. 7691.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    A license holder’s conviction for a substantially related crime can be used as a ground for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7691. Conviction of a crime substantially related to the qualifications, functions and duties of the license holder in question constitutes a ground for disciplinary action. The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction. (Amended by Stats. 1978, Ch. 1161.)
  194. 7692.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    Misrepresentation or fraud by a funeral director or embalmer can be grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7692. Misrepresentation or fraud in the conduct of the business or the profession of a funeral director or embalmer constitutes a ground for disciplinary action. (Added by Stats. 1939, Ch. 39.)
  195. 7692.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    A licensee must not willfully make false or misleading statements about burial-related laws or regulations to get business as a funeral director or embalmer.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7692.5. Any false or misleading statement regarding any law or regulation pertaining to the preparation for burial, transportation for burial, or burial of the dead, made wilfully by a licensee to obtain business as a funeral director or embalmer, constitutes a ground for disciplinary action. (Added by Stats. 1953, Ch. 1383.)
  196. 7693.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    False or misleading advertising by a funeral establishment, funeral director, or embalmer is grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7693. False or misleading advertising as a funeral establishment, funeral director, or embalmer constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 970, Sec. 72. Effective January 1, 1999.)
  197. 7694.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    A licensee may not solicit funeral directing or embalming business after a death or while a death is impending if the solicitation is authorized or ratified by the licensee; general advertising is allowed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7694. Solicitation, after a death or while a death is impending, of funeral directing or embalming business by the licensee, or by the agents, assistants or employees of the licensee, when such solicitation is authorized or ratified by the licensee, constitutes a ground for disciplinary action. This section does not prohibit general advertising. (Amended by Stats. 1941, Ch. 87.)
  198. 7695.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    A licensee may face disciplinary action for employing cappers, steerers, solicitors, or similar persons to solicit funeral directing or embalming business after a death or while death is impending.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7695. Employment by the licensee of persons known as “cappers” or “steerers” or “solicitors,” or other such persons to solicit, after a death or while a death is impending, funeral directing or embalming business constitutes a ground for disciplinary action. (Amended by Stats. 1941, Ch. 88.)
  199. 7696.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )

    Verify source ↗

    Using certain workers to call on people or institutions to steer human remains to a particular funeral director or embalmer can lead to disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7696. Employment, directly or indirectly, of any apprentice, agent, assistant, embalmer, employee or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence human remains may be turned over to a particular funeral director or embalmer constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 970, Sec. 73. Effective January 1, 1999.)
  200. 7697.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )

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    Certain funeral business purchases and commission payments by a licensee and related personnel are grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7697. The buying, after a death or while a death is impending, of funeral directing and embalming business by the licensee, the licensee’s agents, assistants or employees, or the direct or indirect payment, or offer of payment, of a commission by the licensee, the licensee’s agents, assistants or employees for the purpose of such buying of business, constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 970, Sec. 74. Effective January 1, 1999.)

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