A. Each establishment shall have in charge, full-time therein, a funeral service practitioner.

1. (1) The licensed funeral service practitioner for a funeral establishment shall live within 90 minutes by legal road travel of the establishment.
2. (2) The licensed funeral service practitioner of a commercial establishment shall live within 90 minutes by legal road travel of the establishment.
3. (3) The licensee in charge of a direct disposition establishment shall be a licensed direct disposer, and shall live 90 minutes by legal road travel of the establishment.

B. A licensee in charge may be licensee in charge of more than one establishment provided that the requirements outlined in Subsection A of 16.64.4.10 NMAC have been met, and:

1. (1) the establishments are within 50 miles by legal road travel of each other;
2. (2) the licensee in charge lives within 90 minutes by legal road travel of each establishment; and

3. (3) application is made in accordance with the requirements outlined in 16.64.4.11 NMAC for a change in the licensee in charge.

   [2/7/1976...9/26/1993; 16.64.4.10 NMAC - Rn & A, 16 NMAC 64.4.10, 9/15/2001; A, 10/6/2012]