(d) The requirements for obtaining a crematory construction permit are as follows:

1. (1)

   1. (A) Notice shall be published in a newspaper of general circulation in the county where the crematorium is proposed to be constructed.
   2. (B) The notice must include language that states that the applicant intends to construct a crematorium at a designated location.
   3. (C) This notice may be submitted to State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services staff prior to publishing;
2. (2) The notice shall be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before submitting the application to the board; and
3. (3) The person must invite members of the public to submit written protest to the board of the construction of the proposed crematorium.

(e) The application for the crematory construction permit:

1. (1) Shall be made in writing on forms provided by the board;
2. (2) Be accompanied by the required crematory construction permit application fee;
3. (3) Be accompanied by proof of publication of notice; and
4. (4) Be accompanied by a copy of the permit issued by the Division of Environmental Quality.

(f) In the event the board receives written protest to the application for construction of a crematorium, the board shall:

1. (1) Schedule a public hearing on the application;
2. (2) Direct the applicant to publish notice of the hearing in a newspaper having general circulation within the county where the crematorium is proposed to be constructed;
3. (3) Direct the applicant to publish the notice on the Sunday and the Wednesday no more than fifteen (15) days nor less than seven (7) days before the hearing; and
4. (4) Ensure the public hearing is held in the city or county in which the proposed crematorium is to be located.

(g) The board may:

1. (1) Require members of the public, prior to the hearing, to notify the board of their intent to comment publicly at the hearing;
2. (2) Require members of the public who comment publicly at the hearing to sign in prior to the commencement of the hearing;
3. (3) Call upon public commenters in the order in which they have signed in; and
4. (4) Give each public commenter a finite number of minutes in which to speak.

(h)

1. (1) The board will review the public comments given at the hearing at its next regularly scheduled meeting.
2. (2) The board will then make a determination as to whether to grant or deny the crematory construction permit.

(j)

1. (1) The board may issue a temporary certificate of authorization to operate a crematory to any applicant whose application for a permit to construct a crematorium has been approved and whose crematory has completed construction.

2. (2) Before the temporary certificate will be issued, the following criteria shall be met:

   1. (A) The installed crematory has passed inspection by a representative of the board;
   2. (B) The first operation of the crematory was successful; and
   3. (C) The first operation of the crematory was witnessed by a representative of the board.

(l)

1. (1) Application for licensure as a crematory authority shall be on forms provided by the board.
2. (2) Applications are available from the board’s website, or they can be obtained by contacting the board’s office.

3. (3) At a minimum, the requirements for application are as follows:

   1. (A) The application shall be in writing and shall contain:
4. (1) The name of the applicant;
5. (2) The address and location of the crematory;
6. (3) A description of the type of structure and equipment to be used in the operation of the crematory;
7. (4) Proof of liability insurance in the amount of one million dollars ($1,000,000); and

8. (5) Any further information as the board may reasonably require;

   1. (B) The application shall be submitted to the board at least twenty (20) business days before the next regularly scheduled board meeting;
   2. (C) The owner of the establishment is required to appear at the meeting for the discussion of the license application;
   3. (D) After the temporary certificate of authorization has been issued, initial operation of the crematory shall not occur until the board has:

(i) Received the application for licensure at least twenty (20) business days before the initial operation;

1. (ii) Examined the premises and structure; and

   1. (iii) Noted the retort to function properly;
   2. (E) A license shall be issued to the crematory authority if the board determines that the applicant meets all requirements of this part, that the retort operator has been trained by the manufacturer, and after the board’s examination of the application and inspection report;
   3. (F) All advertisements shall be consistent with the name of each crematory location on file with the board; and

   4. (G) The air quality control certificate shall be submitted with the application for licensure, and upon renewal.

      1. (m) Beginning on January 1, 2022, each funeral establishment Type C shall have a full-time licensed funeral director to serve as manager.

(n)

1. (1) When a crematory authority is sold or changes ownership, the crematory authority shall notify the board, in writing, at least thirty (30) days prior to the sale or change of ownership.
2. (2) In cases where the name of the crematory authority will not change, the license then in force and effect shall be honored, for the new owner, until that license expires.
3. (3) If the new owner decides to change the name of the crematory authority prior to the license expiration, then the owner shall apply for a license for the crematory authority to be issued in the new name.

(o)

1. (1) When a crematory authority closes, the board shall be notified, in writing, within seven (7) days of the date of closure.
2. (2) The license in force at the time of closure shall be returned to the board office.

(s)

1. (1) Renewal of all funeral establishments Type C must be made timely, and the renewal form must be accompanied by the renewal fee.
2. (2) Licenses not renewed timely shall be considered delinquent and may be grounds for disciplinary action by the board.
3. (3) A certificate of coverage shall be provided to the board upon renewal of the license and upon each renewal of the insurance policy.
4. (4) When possible, the board should be listed as a certificate holder.
5. (5) The board should be notified of each renewal and cancellation for any reason.

(t) Hospitals licensed by the Department of Health may operate a facility that incinerates surgical waste, human body parts that have been surgically removed, or fetal remains with the permission of the next of kin, without an additional license issued by the board and without the assistance of a licensed funeral establishment unless:

1. (1) They are holding themselves out to the public to be a licensed crematory authority; and
2. (2) They offer cremation services to the public for the bodies of deceased persons except for the instance listed in this subsection.