Section § 7651

Explanation

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.

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.

Section § 7651.1

Explanation

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.

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.

Section § 7651.2

Explanation

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.

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.

Section § 7651.3

Explanation

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.

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.

Section § 7651.4

Explanation

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.

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

Section § 7651.5

Explanation

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.

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)CA Business & Professions Code § 7651.5(a) The applicant is properly qualified to perform the duties of a cemetery broker or salesperson.
(b)CA Business & Professions Code § 7651.5(b) Granting the license will not be against public interest.
(c)CA Business & Professions Code § 7651.5(c) The applicant intends actively and in good faith to carry on the business of a cemetery broker or a cemetery salesperson.
(d)CA Business & Professions Code § 7651.5(d) In the case of a corporate applicant, the articles of incorporation permit it to act as a cemetery broker.
(e)CA Business & Professions Code § 7651.5(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)CA Business & Professions Code § 7651.5(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)CA Business & Professions Code § 7651.5(g) The applicant has not committed acts or crimes constituting grounds for denial of licensure under Section 480.

Section § 7651.6

Explanation

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.

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.

Section § 7651.7

Explanation

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.

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)CA Business & Professions Code § 7651.7(a) Appropriate knowledge of the English language, including reading, writing, and spelling, and of elementary arithmetic.
(b)CA Business & Professions Code § 7651.7(b) A fair understanding of:
(1)CA Business & Professions Code § 7651.7(b)(1) Cemetery associations, cemetery corporations, and duties of directors.
(2)CA Business & Professions Code § 7651.7(b)(2) Plot ownership, deeds, certificates of ownership, contracts of sale, liens, and leases.
(3)CA Business & Professions Code § 7651.7(b)(3) Establishing, dedicating, maintaining, managing, operating, improving, and conducting a cemetery.
(4)CA Business & Professions Code § 7651.7(b)(4) The care, preservation, and embellishment of cemetery property.
(5)CA Business & Professions Code § 7651.7(b)(5) The care and preservation of endowment care funds, trust funds, and the investment thereof.
(c)CA Business & Professions Code § 7651.7(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.

Section § 7651.8

Explanation

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.

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.

Section § 7651.9

Explanation

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.

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.

Section § 7651.10

Explanation

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.

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.

Section § 7652

Explanation

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.

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.

Section § 7652.1

Explanation

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.

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.

Section § 7652.2

Explanation

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.

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.

Section § 7652.3

Explanation

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.

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.

Section § 7652.4

Explanation

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.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 7652.4(b) No cemetery license authorizes the licensee to do business except from the location for which the cemetery license was issued.
(c)CA Business & Professions Code § 7652.4(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.

Section § 7652.5

Explanation

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.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 7652.5(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.

Section § 7652.6

Explanation

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.

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.

Section § 7652.7

Explanation
If a cemetery license holder breaks certain rules listed in sections 7652.2, 7652.3, 7652.4, or 7652.6, their license can be temporarily suspended or permanently taken away after a formal disciplinary process.
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.

Section § 7652.8

Explanation

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.

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.

Section § 7652.9

Explanation

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.

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.

Section § 7652.10

Explanation

This section explains that the bureau can ask for evidence from an applicant to make sure they are following all relevant laws and rules.

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.

Section § 7653

Explanation

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.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 7653(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)CA Business & Professions Code § 7653(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 of seven hundred fifty dollars ($750) 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).

Section § 7653.1

Explanation

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.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 7653.1(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.

Section § 7653.2

Explanation

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.

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.

Section § 7653.3

Explanation

This law says that every crematory with a license must be inspected at least once a year without prior notice.

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

Section § 7653.4

Explanation

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.

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.

Section § 7653.5

Explanation

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.

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

Section § 7653.6

Explanation

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.

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)CA Business & Professions Code § 7653.6(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)CA Business & Professions Code § 7653.6(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)CA Business & Professions Code § 7653.6(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.

Section § 7653.7

Explanation

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.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 7653.7(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)CA Business & Professions Code § 7653.7(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.

Section § 7653.8

Explanation

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.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 7653.8(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.

Section § 7653.9

Explanation

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.

(a)CA Business & Professions Code § 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 their duties, as described in subdivision (a) of Section 7611.4, due to a lapse, suspension, surrender, abandonment, or revocation of their 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)CA Business & Professions Code § 7653.9(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)CA Business & Professions Code § 7653.9(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.
(d)Copy CA Business & Professions Code § 7653.9(d)
(1)Copy CA Business & Professions Code § 7653.9(d)(1) Notwithstanding any other law, if a court has not appointed a temporary manager within six months of the suspension, revocation, or surrender of the license of a cemetery manager of a private cemetery or the appointment of a temporary manager has expired, the county in which the cemetery is located may assume responsibility for the maintenance of the cemetery and may preserve public access to the cemetery until the court can appoint a temporary manager.
(2)CA Business & Professions Code § 7653.9(d)(2) If a county assumes maintenance responsibilities for a cemetery under this subdivision, the county shall be reimbursed from the available income in the endowment care fund for maintenance services rendered until a temporary care manager is appointed by the court or a new permanent cemetery manager is found.
(3)CA Business & Professions Code § 7653.9(d)(3) If a county assumes maintenance responsibilities for a cemetery under this subdivision, the county shall perform, at a minimum, all of the following maintenance services on the cemetery property:
(A)CA Business & Professions Code § 7653.9(d)(3)(A) Keep cemetery grounds open for public access.
(B)CA Business & Professions Code § 7653.9(d)(3)(B) Trim or mow grass and prune shrubs and trees on cemetery grounds.
(C)CA Business & Professions Code § 7653.9(d)(3)(C) Keep public areas of the cemetery grounds and water features clear of trash and debris.
(D)CA Business & Professions Code § 7653.9(d)(3)(D) Provide a supply of water to keep cemetery grass and plants as green as possible with consideration of water availability.

Section § 7653.35

Explanation

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.

(a)CA Business & Professions Code § 7653.35(a) The bureau shall inspect the books, records, and premises of a 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. Prior notification of the inspection is not required to be given to the hydrolysis facility licensee. If a 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)CA Business & Professions Code § 7653.35(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Section § 7653.35

Explanation

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.

(a)CA Business & Professions Code § 7653.35(a) The bureau shall inspect the books, records, and premises of a reduction facility or a hydrolysis facility licensed under this chapter. In making those inspections, the bureau shall have access to all books and records, the hydrolysis or reduction facility, the hydrolysis chamber or reduction chamber, and the storage areas for human remains before and after reduction or hydrolysis, during regular office hours or the hours the facility is in operation. Prior notification of the inspection is not required to be given to the licensee. If a licensee fails to allow 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)CA Business & Professions Code § 7653.35(b) This section shall become operative on January 1, 2027.

Section § 7653.36

Explanation

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.

(a)CA Business & Professions Code § 7653.36(a) The bureau shall annually conduct a minimum of one unannounced inspection of each licensed hydrolysis facility.
(b)CA Business & Professions Code § 7653.36(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Section § 7653.36

Explanation

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.

(a)CA Business & Professions Code § 7653.36(a) The bureau shall annually conduct a minimum of one unannounced inspection of each reduction facility and each licensed hydrolysis facility.
(b)CA Business & Professions Code § 7653.36(b) This section shall become operative on January 1, 2027.