1. (1) A board-designated inspector will conduct annual on-site inspections of all existing licensed mortuaries, branch establishments, and crematories for compliance with board regulations.

   1. (a) Inspections may be conducted with or without advance notice to the licensee.
   2. (b) Results of the inspection will be provided to the licensee.
   3. (c) If there are any items of noncompliance, the mortician-in-charge or crematory operator-in-charge must submit a written response to the board which addresses those items of noncompliance. The response must be received by the board within ten days of the licensee receiving notification of noncompliance.
   4. (d) A report of significant noncompliance will be reviewed by the board screening panel per the department's standard compliance process.

2. (2) The following inspection process applies to applicants for licensure as a mortuary or branch establishment per ARM 24.147.904 or a crematory per ARM 24.147.1101, and applicants for transfer of an existing mortuary, branch establishment, or crematory license per ARM 24.147.407.

   1. (a) Applicants must pass an initial inspection of the facility by a board-designated inspector prior to a license being issued.
   2. (b) Results of the inspection will be provided to the licensee.
   3. (c) If there are any items of noncompliance, the mortician-in-charge or crematory operator-in-charge must submit a written response to the board which addresses those items of noncompliance. The response must be received by the department within ten days of receiving notification of noncompliance.
   4. (d) If issues of noncompliance are not corrected within ten days, a report of noncompliance will be reviewed by the board at the next regularly scheduled board meeting following the initial inspection. For good cause the board may order a re-inspection, the costs of which will be paid by the applicant.

Authorizing statute(s): 37-1-131, 37-19-202, 37-19-403, MCA

Implementing statute(s): 37-1-131, 37-19-402, 37-19-403, 37-19-703, MCA

History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 1610, Eff. 11/1/85; AMD, 1992 MAR p. 136, Eff. 1/31/92; AMD, 1996 MAR p. 2425, Eff. 9/20/96; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2013 MAR p. 1191, Eff. 7/12/13; AMD, 2016 MAR p. 314, Eff. 2/20/16; AMD, 2018 MAR p. 440, Eff. 2/24/18.