Md. Code Regs. 34.04.06.03 – Repose of Human Remains in the Possession, Custody, or Control of the Trust.

A. Human remains in the possession, custody, or control of the Trust shall be placed in an appropriate place of repose.
B. A location is an appropriate place of repose if it is dedicated solely for disposition of human remains and assures that:
1. (1) The remains are not in open view of the general public;
2. (2) The remains are kept above or below ground, as appropriate, in conditions conducive to long-term preservation;
3. (3) The remains of specific individuals or groups of remains are not intermixed with remains unrelated by ethnicity, descent, or place of recovery;
4. (4) The remains of specific individuals or groups of related remains can be removed for purposes of:
  1. (a) Transfer under Regulation .07 of this chapter to a lineal descendant or a group with a cultural affiliation; or
  2. (b) Study under Regulation .09 or .10 of this chapter; and
5. (5) Members of the public do not have access to the remains except as may be permitted by staff of the Trust.
C. For Native American human remains, the Secretary may consult with the Commission on Indian Affairs to determine an appropriate place of repose.

Authority: State Finance and Procurement, §§5A-318(b)(1) and 5A-339(d), Annotated Code of Maryland

Effective date: May 23, 1994 (21:10 Md. R. 841)

Regulation .06A amended effective November 20, 1995 (22:23 Md. R. 1800)

November 20, 1995 (22:23 Md. R. 1800)

Regulations .01—.14 repealed and new regulations .01—.10 adopted effective June 28, 2021 (48:13 Md. R. 510)