Cemetery and Funeral ActLicenses and Certificates of Authority
Section § 7651
If you want to get a license to become a cemetery broker, you need to fill out a specific form from the bureau and submit it to their main office. Along with your application, you must pay the original license fee for a cemetery broker.
Section § 7651.1
To get a cemetery broker's license in California, you must live in the state. If you move out of California, your license will be automatically canceled.
Section § 7651.2
To get a cemetery broker's license in California, you usually need to have been a licensed cemetery salesperson for at least two years and actively worked in that role. However, if you have similar experience in the cemetery industry, you can submit a petition to prove your qualifications. If the petition is approved, and you pass the necessary exams and meet other criteria, you can get the broker's license right away.
Section § 7651.3
If you want to become a cemetery salesperson, you need to fill out a specific form provided by the bureau. This application must be signed by you and include payment for the cemetery salesperson's license fee. Finally, submit it to the bureau's main office.
Section § 7651.4
This law says that Section 7651.7 doesn't affect people applying to become cemetery salespeople. In other words, whatever rules are in Section 7651.7, they are not relevant to these applicants.
Section § 7651.5
This section states that before issuing a cemetery broker or salesperson license, the bureau will investigate the applicant's qualifications. The license will only be granted if the applicant is deemed qualified, the license serves the public interest, and the applicant genuinely intends to work in the cemetery business. For corporations, their incorporation documents must allow them to act as brokers. Partnerships or associations must also have similar authorizations in their agreements. Additionally, the license should not be used just for advertising purposes if not actively engaged in the business. Lastly, the applicant must not have a history of relevant crimes or misconduct.
Section § 7651.6
Cemetery brokers in California who do not have a certificate of authority need to file a bond with the state. This bond must be worth $10,000 and backed by a guarantor approved by the state. The purpose of the bond is to ensure that the broker and their employees act honestly and follow all relevant laws concerning cemeteries. If they break these laws or commit fraud, the bond can be used to pay damages to anyone harmed by their actions.
Section § 7651.7
This section states that anyone applying for a cemetery broker’s license in California, including key members of a partnership or corporation, must pass a written exam. The exam checks that they understand English and basic math, know about cemetery associations, plot ownership, how cemeteries operate, and how to manage cemetery funds. They also need to grasp the duties a cemetery broker has to their clients and understand the ethical standards and laws that govern their work.
Section § 7651.8
This law allows the bureau to choose not to require a person to take an exam for a cemetery broker's license if they already had an active and in-good-standing license as of June 30 the year before, whether they were working as an individual, with a corporation, or in a partnership.
Section § 7651.9
If you want to renew a license that hasn't been suspended or revoked, you need to submit a renewal application with the required fee by June 30th. This allows you to keep using your current license past its expiration date until you get a written notice saying whether your renewal is approved or denied.
Section § 7651.10
This section means that only the person who is issued a cemetery license can perform the activities allowed by that license. No one else can use that person's license to do those things.
Section § 7652
If a cemetery brokerage business, whether a corporation or a partnership, wants more than one officer (in the case of a corporation) or member (in the case of a partnership) to operate as a cemetery broker, it needs to get separate licenses for each person who wants to act as a broker under the company's license.
Section § 7652.1
If a corporation or partnership is licensed as a cemetery broker, the officers or members through whom it holds this license are also considered licensed cemetery brokers. However, they can only operate in this capacity for the benefit of the corporation or partnership they represent.
Section § 7652.2
This law means that if you work as a cemetery broker or salesperson, your licenses must be clearly visible at your broker's office. Also, the broker holds onto the salesperson's license until it's either canceled or the salesperson stops working for that broker.
Section § 7652.3
When a salesperson stops working for a broker, the broker must send the salesperson's license back to the bureau to be canceled. If the license is canceled but not suspended or revoked, it can be reinstated within the same fiscal year if an application and the necessary fee are submitted.
Section § 7652.4
If you're a licensed cemetery broker in California, you need to have a fixed office location in the state for conducting business. Your license only lets you operate from the specific location listed on your license. If you change your business location, you must inform the bureau in writing to get a new license for the remaining time on your current one. If you move or close your office without notifying the bureau, your license will be automatically canceled.
Section § 7652.5
If a person who has a cemetery broker's license wants to run multiple offices in California, they must get a separate license for each location. Each application must include the person's name and business location. Also, an authority can decide if a broker needs a license for any specific location they're operating from.
Section § 7652.6
This law requires every cemetery broker to put up a sign that is easy to see at their place of business. The sign should clearly show they are a licensed cemetery broker and display their name. The bureau may set rules about how big the sign should be and where it should go.
Section § 7652.7
Section § 7652.8
If you want to apply for permission to run a cemetery in California, you need to fill out a specific form provided by the bureau and submit it to their main office. You also have to pay a specified fee and demonstrate that you either own or are actively running a cemetery in the state, or that you are ready to start running one soon.
Section § 7652.9
If you manage a cemetery in California, you need to be officially licensed. This requires passing a written test to show you know the laws that apply to cemeteries. You can't work as, claim to be, or promote yourself as a cemetery manager without this license.
Section § 7652.10
This section explains that the bureau can ask for evidence from an applicant to make sure they are following all relevant laws and rules.
Section § 7653
This law section outlines the rules for applying for a certificate of authority to operate a cemetery in California. The bureau sets standards for knowledge, experience, and financial responsibility for applicants. When someone applies, the bureau can investigate the proposed cemetery's details, including its physical setup and funding. They can also interview people and gather evidence during this review. Applicants need to pay $750 to cover investigation costs, and possibly more if needed, but not more than $900 total.
Section § 7653.1
This law allows the bureau to approve burials in cemeteries that don't have a current certificate, but only if not doing so would infringe on burial rights. It doesn't allow these cemeteries to sell plots or burial spaces. Any burials must follow the bureau's rules. Additionally, the bureau can inspect and copy cemetery records needed for these burials, and it can request a court order to take temporary control of these records if necessary.
Section § 7653.2
This law allows the bureau to inspect any crematory's books, records, and premises without giving prior notice. Inspectors can look at the cremation chambers and storage areas for human remains during regular office hours. If a crematory refuses this inspection, it could lead to suspending or revoking their license, or other disciplinary actions. These actions follow the rules for disciplinary proceedings outlined in this chapter.
Section § 7653.3
This law says that every crematory with a license must be inspected at least once a year without prior notice.
Section § 7653.4
This law allows a government bureau to inspect cemeteries that require a special certificate. The bureau can examine books, records, and areas where human remains are kept, without warning the cemetery. If the cemetery doesn’t allow the inspection, they risk losing their certificate or facing other penalties. Any disciplinary actions will follow the rules set out in this chapter.
Section § 7653.5
This law requires that at least once a year, the bureau must perform a surprise inspection of every cemetery that needs a certificate of authority to operate.
Section § 7653.6
This law requires cemeteries to always have a licensed cemetery manager in charge of their operations. Nearby cemeteries can request permission to have the same manager oversee more than one site. Each cemetery must name a manager, report the manager's designation to the bureau within 10 days, and also promptly report any changes. The manager is responsible for making sure the cemetery follows all relevant laws and regulations, and failure to do so could result in disciplinary action. While additional managers can be hired, only one can be officially designated as the lead manager.
Section § 7653.7
To get a cemetery manager license in California, you need to fill out a form from the bureau, pay a fee, and meet several requirements. You must be at least 18, have a high school diploma or equivalent, meet training and experience standards set by the bureau, and live in California. You also can't have done anything that would stop you from getting a license under certain rules. If you meet these conditions and pass an exam, you'll get the license.
Section § 7653.8
If someone wants to work as a cemetery manager, they need to have a valid license specifically for that job. Even if they have the license, they must be officially working for a licensed cemetery or be an officer of one to do the job or claim to do so.
Section § 7653.9
If a private cemetery's manager stops doing their job because they lose their license for any reason, a court can appoint a temporary manager to run the cemetery. This temporary manager must have a valid cemetery manager license and will have all the normal responsibilities of a cemetery manager for up to six months or until a new manager is hired.
The temporary manager is paid out of the cemetery's income, but the court will ensure this cost doesn't affect the cemetery's maintenance. If no temporary manager is appointed within six months, the county can take over maintenance to keep the cemetery in good condition and ensure public access until a new manager is in place. The county's costs will be reimbursed from the cemetery's funds, and they'll handle essential tasks like keeping the grounds tidy and ensuring greenery is maintained.
Section § 7653.35
This law allows the bureau to inspect the books, records, and premises of hydrolysis facilities without prior notice during their regular hours. If a facility refuses inspection, it risks suspension, revocation of its license, or other disciplinary actions. The procedures for disciplinary actions follow the chapter's established guidelines. This regulation is set to expire on January 1, 2027.
Section § 7653.35
This law states that a government bureau can inspect the records and facilities of places that perform human body reduction or hydrolysis. Inspections can occur without prior notice during normal working hours, and access must be granted to all areas, including where records are kept and where remains are stored. Not allowing an inspection could lead to losing the facility's license or facing other penalties. These rules will start being enforced on January 1, 2027.
Section § 7653.36
The law requires that every licensed hydrolysis facility undergo at least one surprise inspection each year. However, this requirement will only remain in effect until January 1, 2027, after which it will be repealed.
Section § 7653.36
This law requires the bureau to carry out at least one surprise inspection every year at each reduction and licensed hydrolysis facility starting from January 1, 2027.