Code Section Group

Business and Professions Code - BPC

DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.11]

  ( Heading of Division 3 added by Stats. 1939, Ch. 30. )

CHAPTER 12. Cemetery and Funeral Act [7600 - 7746]

  ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. )

ARTICLE 3.5. Licenses and Certificates of Authority [7651 - 7653.9]
  ( Article 3.5 added by Stats. 2015, Ch. 395, Sec. 19. )

7651.
  

Application for license as a cemetery broker shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The application shall be accompanied by the original cemetery broker’s license fee.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7651.1.
  

The bureau shall not grant an original cemetery broker’s license to any person who is not a resident of this state. Change of residence to another state shall terminate the license.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7651.2.
  

The bureau shall not grant an original cemetery broker’s license to any person who has not held a cemetery salesperson’s license for at least two years prior to the date of his or her application for the broker’s license, and during that time was not actively engaged in the business of a cemetery salesperson except that if an applicant for a cemetery broker’s license having at least the equivalent of two years’ general cemetery experience files a written petition with the bureau setting forth his or her qualifications and experience and the bureau approves, he or she may be issued a cemetery broker’s license immediately upon passing the appropriate examinations and satisfying the other requirements of this article.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7651.3.
  

Application for license as a cemetery salesperson shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The application shall be signed by the applicant, and shall be accompanied by the cemetery salesperson’s license fee.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7651.4.
  

Notwithstanding any other provision of this chapter, Section 7651.7 does not apply to an applicant for a cemetery salesperson’s license.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7651.5.
  

The bureau shall investigate the qualifications of the applicants. Except as otherwise prescribed in this article, it may issue the license applied for to an applicant on a showing satisfactory to it that the following facts exist:

(a) The applicant is properly qualified to perform the duties of a cemetery broker or salesperson.

(b) Granting the license will not be against public interest.

(c) The applicant intends actively and in good faith to carry on the business of a cemetery broker or a cemetery salesperson.

(d) In the case of a corporate applicant, the articles of incorporation permit it to act as a cemetery broker.

(e) In the case of an association or copartnership applying for such a license, its articles of association or agreement of partnership authorize it to act as a cemetery broker.

(f) The license is not being secured for the purpose of permitting the applicant to advertise as a cemetery broker or salesperson without actually engaging in such business.

(g) The applicant has not committed acts or crimes constituting grounds for denial of licensure under Section 480.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7651.6.
  

All cemetery brokers who do not possess a certificate of authority shall, in addition to the requirements of this chapter, file with the bureau a satisfactory bond to the people of the State of California, duly executed by a sufficient surety or sureties to be approved by the bureau, in the amount of ten thousand dollars ($10,000). That bond shall be conditioned for the honest and faithful performance by such broker and his or her salespersons and employees of any undertaking as a licensed cemetery broker or salesperson or employee of said broker at any time when licensed under this chapter, and the strict compliance with the provisions of this chapter and of Division 8 (commencing with Section 8100) of the Health and Safety Code, relating to cemeteries, and the honest and faithful application of all funds received. That bond shall be further conditioned upon the payment of all damages suffered by any person damaged or defrauded by reason of the violation of any of the provisions of this chapter or of Division 8 (commencing with Section 8100) of the Health and Safety Code relating to cemeteries, or by reason of the violation of the obligation of such broker as an agent, as such obligations are laid down by the Civil Code, or by reason of any fraud connected with or growing out of any transactions contemplated by this chapter or Division 8 (commencing with Section 8100) of the Health and Safety Code.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7651.7.
  

The bureau shall ascertain by written examination that the applicant, and, in case of a copartnership or corporation applicant for a cemetery broker’s license, that each officer, agent, or member thereof through whom it proposes to act as a cemetery licensee has:

(a) Appropriate knowledge of the English language, including reading, writing, and spelling, and of elementary arithmetic.

(b) A fair understanding of:

(1) Cemetery associations, cemetery corporations, and duties of directors.

(2) Plot ownership, deeds, certificates of ownership, contracts of sale, liens, and leases.

(3) Establishing, dedicating, maintaining, managing, operating, improving, and conducting a cemetery.

(4) The care, preservation, and embellishment of cemetery property.

(5) The care and preservation of endowment care funds, trust funds, and the investment thereof.

(c) A general and fair understanding of the obligations between principal and agent, of the principles of cemetery brokerage practice and the business ethics pertaining thereto, as well as of the provisions of this act relating to cemetery brokerage.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7651.8.
  

The bureau may, in its discretion, waive the examination of any applicant for a cemetery broker’s license who held an unrevoked or unsuspended cemetery license on June 30 of the preceding fiscal year as an individual broker, an officer of a corporation, or member of a copartnership.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7651.9.
  

An application on the form prescribed by the bureau for the renewal of any unrevoked and unsuspended license filed before midnight of June 30 of the year for which such unrevoked and unsuspended license was issued, accompanied by the applicable renewal fee, entitles the applicant to continue operating under his or her existing license after its usual expiration date, if not previously suspended or revoked, and until such date as he or she is notified in writing that the application has been granted or denied.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7651.10.
  

A cemetery license does not give authority to do any act specified in this act to any person other than the person to whom the license is issued.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7652.
  

When a cemetery brokerage license is issued to a cemetery brokerage corporation, if it desires any of its officers other than the officer through whom it is already licensed to act under its license as a cemetery broker, it shall procure an additional license for each such officer. When a cemetery brokerage license is granted to cemetery brokerage copartnership, if it desires any of its members other than the one through whom it is already licensed to act as a cemetery broker, it shall procure an additional license for each such member.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7652.1.
  

Each officer of a corporation through whom it is licensed to act as a cemetery broker, and each member of a copartnership through whom it is licensed to act as a cemetery broker, is, while so employed under such license, a licensed cemetery broker, but licensed only to act as such for and on behalf of the corporation or the copartnership, as officer or member, respectively.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7652.2.
  

The cemetery licenses of both broker and salesperson shall be prominently displayed in the office of the broker.

The cemetery salesperson’s license shall remain in the possession of the licensed cemetery broker employer until canceled or until the salesperson leaves the employ of the broker.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7652.3.
  

Immediately upon the salesperson’s withdrawal from the employ of the broker, the broker shall return the salesperson’s license to the bureau for cancellation. A license canceled but not suspended or revoked may be reinstated within the fiscal year upon receipt of application therefor and the fee for the reinstatement of the license.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7652.4.
  

(a) Every licensed cemetery broker shall have and maintain a definite place of business in this state which shall serve as his or her office for the transaction of business.

(b) No cemetery license authorizes the licensee to do business except from the location for which the cemetery license was issued.

(c) Notice in writing shall be given the bureau of change of business location of a cemetery broker, whereupon the bureau shall issue a new cemetery license for the unexpired period. The change or abandonment of business location without notification to the bureau shall automatically cancel the license theretofore issued.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7652.5.
  

(a) If the applicant for a cemetery broker’s license maintains more than one place of business within the state, he or she shall apply for and procure an additional license for each branch office so maintained. Every such application shall state the name of the person and the location of the place of business for which such license is desired.

(b) The bureau may determine whether or not a broker is doing a cemetery brokerage business at or from any particular location which requires him or her to have a branch office license.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7652.6.
  

Each cemetery broker shall erect and maintain a sign in a conspicuous place on the premises to indicate that he or she is a licensed cemetery broker and his or her name shall be clearly shown thereon. The size and place of the sign shall conform to regulations that may be adopted by the bureau.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7652.7.
  

For a violation of any of the provisions of Sections 7652.2, 7652.3, 7652.4, and 7652.6, the bureau may temporarily suspend or permanently revoke the license of the cemetery licensee in accordance with the provisions of this act relating to disciplinary proceedings.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7652.8.
  

Application for a certificate of authority shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The application shall be accompanied by the fee provided for in this act and shall show that the cemetery authority owns or is actively operating a cemetery in this state which is subject to the provisions of the act or that the applicant is in a position to commence operating a cemetery.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7652.9.
  

Each cemetery for which a certificate of authority is required shall be operated under the supervision of a manager who is qualified in accordance with the regulations adopted by the bureau. Each cemetery manager shall be required to successfully pass a written examination evidencing an understanding of the applicable provisions of this code and of the Health and Safety Code. A person shall not engage in the business of, act in the capacity of, or advertise or assume to act as, a cemetery manager without first obtaining a license from the bureau.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7652.10.
  

The bureau may require such proof as it deems advisable concerning the compliance by such applicant to all the laws, rules, regulations, ordinances and orders applicable.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7653.
  

(a) The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge and experience and financial responsibility for applicants for certificates of authority. In reviewing an application for a certificate of authority, the bureau may consider acts of incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a certificate of authority under Division 1.5 (commencing with Section 475).

(b) Upon receipt of an application for a certificate of authority, the bureau may cause an investigation to be made of the physical status, plans, specifications, and financing of the proposed cemetery, and any other qualifications required of the applicant under this act, and for this purpose may subpoena witnesses, administer oaths, and take testimony.

(c) At the time of the filing of the application required by this section, the applicant shall pay to the Cemetery and Funeral Fund the sum fixed by the bureau at not in excess of four hundred dollars ($400) to defray the expenses of investigation. In the event the sum shall be insufficient to defray all of the expenses, the applicant shall, within five days after request, deposit an additional sum sufficient to defray those expenses, provided that the total sum shall not exceed nine hundred dollars ($900).

(d) This section shall become operative on July 1, 2016.

(Repealed and added by Stats. 2015, Ch. 395, Sec. 19 (2nd text). (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)

7653.1.
  

(a) The bureau may, in accordance with its rules and regulations, authorize interments in cemeteries for which there is no currently valid certificate of authority outstanding if the bureau finds that rights to interment therein will otherwise be impaired. However, nothing in this section authorizes sales of lots, vaults, or niches by cemeteries for which there is no currently valid certificate of authority. Interments permitted under this section shall be conducted by persons authorized by the bureau in accordance with its regulations, and Section 7731.2 shall not be applicable to such interments.

(b) The bureau or its representative shall be entitled to inspect and copy any cemetery records necessary to the performance of interments under this section, and any person having custody of those records shall permit inspection and copying thereof for that purpose. The bureau may apply to the superior court for the county in which the cemetery is located for an order temporarily transferring custody of cemetery records to it for purposes of this section.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7653.2.
  

The bureau shall inspect the books, records, and premises of any crematory licensed under this chapter. In making those inspections, the bureau shall have access to all books and records, the crematory building, the cremation chambers or furnaces, and the storage areas for human remains before and after cremation, during regular office hours or the hours the crematory is in operation. No prior notification of the inspection is required to be given to the crematory licensee. If any crematory licensee fails to allow that inspection or any part thereof, it shall be grounds for the suspension or revocation of a license or other disciplinary action against the licensee. All proceedings under this section shall be conducted in accordance with the provisions of this chapter relating to disciplinary proceedings.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7653.3.
  

The bureau shall annually conduct a minimum of one unannounced inspection of each licensed crematory.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7653.35.
  

(a) The bureau shall inspect the books, records, and premises of any hydrolysis facility licensed under this chapter. In making those inspections, the bureau shall have access to all books and records, the hydrolysis facility, the hydrolysis chamber, and the storage areas for human remains before and after hydrolysis, during regular office hours or the hours the hydrolysis facility is in operation. No prior notification of the inspection is required to be given to the hydrolysis facility licensee. If any hydrolysis facility licensee fails to allow that inspection or any part thereof, it shall be grounds for the suspension or revocation of a license or other disciplinary action against the licensee. All proceedings under this section shall be conducted in accordance with the provisions of this chapter relating to disciplinary proceedings.

(b) This section shall become operative on July 1, 2020.

(Added by Stats. 2017, Ch. 846, Sec. 5. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)

7653.36.
  

(a) The bureau shall annually conduct a minimum of one unannounced inspection of each licensed hydrolysis facility.

(b) This section shall become operative on July 1, 2020.

(Added by Stats. 2017, Ch. 846, Sec. 6. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)

7653.4.
  

The bureau shall inspect the books, records, and premises of any cemetery where a certificate of authority is required under this chapter. In making the inspections, the bureau shall have access to all books and records, buildings, mausoleums, columbariums, storage areas, including storage areas for human remains, during regular office hours or the hours the cemetery is in operation. No prior notification of the inspection is required to be given to the holder of the certificate of authority. If any certificate holder fails to allow the inspection or any part thereof, disciplinary action, including, but not limited to, revocation or suspension may be taken against the certificate of authority. All disciplinary proceedings shall be conducted in accordance with this chapter.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7653.5.
  

The bureau shall annually conduct a minimum of one unannounced inspection of each cemetery for which a certificate of authority is required.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7653.6.
  

A cemetery licensed under this chapter shall at all times employ a licensed cemetery manager to manage, supervise, and direct its operations. Notwithstanding any other provision of this chapter, licensed cemeteries within close geographical proximity of each other may request the bureau to allow a licensed cemetery manager to manage, supervise, and direct the business or profession of more than one facility.

(a) Every cemetery shall designate a licensed cemetery manager to manage the cemetery, and shall report the designation to the bureau within 10 days of the effective date. Any change in the designated manager shall be reported to the bureau within 10 days.

(b) The designated cemetery manager shall be responsible for exercising direct supervision and control over the operations, employees, and agents of the cemetery as is necessary to ensure full compliance with the applicable provisions of this code, the Health and Safety Code, and any regulations adopted thereto. Failure of the designated cemetery manager or the licensed cemetery to exercise that supervision or control shall constitute a ground for disciplinary action.

(c) A cemetery may employ, in addition to the designated cemetery manager, additional licensed cemetery managers. However, only one licensed cemetery manager may be appointed as the designated cemetery manager of the cemetery.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7653.7.
  

(a) Application for a cemetery manager license shall be made in writing on the form provided by the bureau, verified by the applicant, and filed at the principal office of the bureau. The application shall be accompanied by the fee fixed by this chapter.

(b) The applicant for a cemetery manager license shall be at least 18 years of age, possess a high school diploma or its equivalent, shall not have committed acts or crimes constituting grounds for denial of licensure under Section 480, shall demonstrate compliance with the training and experience requirements established by the bureau, and shall be a resident of this state.

(c) The bureau shall grant a cemetery manager license to any applicant who meets the requirements of this chapter and who has successfully passed the cemetery manager examination administered by the bureau.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7653.8.
  

(a) A person shall not engage in or conduct, or hold himself or herself out as engaging in or conducting, the activities of a cemetery manager without holding a valid, unexpired cemetery manager license issued by the bureau.

(b) A licensed cemetery manager shall not engage in or conduct, or hold himself or herself out as engaging in or conducting, the activities of a cemetery manager without being employed by, or without being a corporate officer of a licensed cemetery.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

7653.9.
  

(a) Notwithstanding any other law, based upon a finding by a court of competent jurisdiction that a cemetery manager of a private cemetery has ceased to perform his or her duties, as described in subdivision (a) of Section 7611.4, due to a lapse, suspension, surrender, abandonment, or revocation of his or her license, the court may appoint a temporary manager to manage the cemetery property and to service the prepaid interments of the private cemetery. The court shall appoint a licensed cemetery manager as the temporary manager.

(b) The appointed temporary manager shall have the same powers over the care and maintenance of the private cemetery as a licensed cemetery manager, as described in subdivision (a) of Section 7611.4. The temporary manager shall serve for a limited term not to exceed six months, or until a new licensed manager has been hired, at which time the court shall terminate the appointment of the temporary manager.

(c) The court may authorize the payment of reasonable compensation for the temporary manager’s services, which shall be paid by the trustees from available income from the cemetery. In exercising its discretion pursuant to this subdivision, the court shall give due consideration to the ability of the cemetery income to otherwise pay for care and maintenance of the cemetery.

(Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

BPCBusiness and Professions Code - BPC3.5