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09.34.01 - Office of Cemetery Oversight - Proposed Regulations

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 45, ISSUE 21,
FRIDAY, OCTOBER 12, 2018

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 34 OFFICE OF CEMETERY OVERSIGHT

09.34.01 Registration and Permit Requirements

Authority: Business Regulation Article, §§5-204—5-208, 5-301—5-311, 5-401—5-404, 5-606—5-609, and 5-710, Annotated Code of Maryland

Notice of Proposed Action
[18-267-P]

The Office of Cemetery Oversight proposes to amend Regulation .11 and adopt new Regulation .13 under COMAR 09.34.01 Registration and Permit Requirements.

Statement of Purpose

The purpose of this action is to: (1) correct an existing typographical error; (2) define a term; (3) require certain persons to respond to certain communications; (4) advise certain persons as to consequences of a failure to respond; and (5) require certain persons to notify the agency of changes in certain information.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Deborah Rappazzo, Executive Director, Office of Cemetery Oversight, 500 North Calvert Street, Room 301, Baltimore, MD 21202, or call 410-230-6228, or email to deborah.rappazzo@maryland.gov, or fax to 410-333-6314. Comments will be accepted through November 13, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Office of Cemetery Oversight during a public meeting to be held on December 6, 2018, at 500 North Calvert Street, Baltimore, MD 21202.

.11 Hearings.
  A. (text unchanged)
  B. Hearing Before Director.
    (1)—(2) (text unchanged)
    (3) An applicant who has been notified that a new or renewal registration has been or may be denied and who requests a hearing before the Director must file the request for a hearing no later than 30 days after the date the notice [or] of proposed action was mailed.
    (4)—(6) (text unchanged)
  C. (text unchanged)

.13 Communication from Director—Failure to Respond.
  A. Definition.
    (1) In this regulation, the following term has the meaning indicated.
    (2) Term Defined.
      (a) “Person” has the meaning provided in Business Regulation Article, §1-101(g), Annotated Code of Maryland.
      (b) “Person” includes:
        (i) Any registrant or permit holder under Business Regulation Article, Subtitle 5, Annotated Code of Maryland, and any applicant for a registration or permit to operate a cemetery or crematory, or to provide burial goods, in this State; and
        (ii) Any other person required under the provisions of Business Regulation Article, Subtitle 5, Annotated Code of Maryland, or any regulation in this subtitle, to respond to a communication from the Director.
  B. Duty to Respond.
    (1) If a person receives from the Director or the Office a written communication requesting a response, the person shall respond in writing, by first-class mail, within 30 days of the date of the mailing.
    (2) It is the responsibility of a person to notify the Office in writing if there has been a change in the person’s address.
  C. Failure to respond as required by this regulation may be considered by the Director to be a violation of Business Regulation Article, Subtitle 5, Annotated Code of Maryland.

DEBORAH RAPPAZZO
Executive Director