9780.  A crematory established, operated, or maintained, may be
operated by a corporation, partnership, or natural person, provided
that a valid crematory license shall have been issued by the bureau.
Any existing crematory operated by a licensed cemetery authority on
January 1, 2002, shall have until January 1, 2003, to make
application for a crematory license.



9780.5.  Any change in the ownership of a crematory shall be
reported to the Cemetery and Funeral Bureau.  Any transfer in a
single transaction or a related series of transactions of more than
50 percent of the equitable interest in a licensed crematory shall
constitute a change of ownership.  When a change of ownership in a
crematory occurs, the existing crematory license shall lapse and the
new owner shall obtain a new license from the bureau as otherwise
provided in this act.  The bureau shall not require an applicant
under this section to obtain any new permit or license from any other
governmental agency when the existing permit or license is valid.




9781.  Application for a crematory license 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 article and shall show that the applicant
owns or is actively operating a crematory in this state or that the
applicant is in a position to commence operating such a crematory.




9782.  The bureau may require such proof as it deems advisable
concerning the compliance by such applicant with all the laws, rules,
regulations, ordinances, and orders applicable to the applicant and
shall not issue such crematory license until it has satisfied itself
that the public interest will be served by such applicant.




9783.  (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 a
crematory license.  In reviewing an application for a crematory
license, the bureau may consider acts of the applicant, including
acts of incorporators, officers, directors, and stockholders of the
applicant, which shall constitute grounds for the denial of a
crematory license under Division 1.5 (commencing with Section 475).
   (b) Upon receipt of an application for a crematory license, the
bureau may cause an investigation to be made of the physical status,
plans, specifications, and financing of the proposed crematory, the
character of the applicant, including, if applicable, its officers,
directors, shareholders, or members, and any other qualifications
required of the applicant under this article, and for this purpose
may subpoena witnesses, administer oaths, and take testimony.
   At the time of the filing of the application required by this
article, the applicant shall pay to the Cemetery 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 therefor deposit an additional sum
sufficient to defray such expenses, provided that the total sum shall
not exceed the sum of nine hundred dollars ($900).



9784.  No crematory licensee under this article shall conduct any
cremations:
   (a) Unless the licensee has a written contract with the person or
persons entitled to custody of the remains clearly stating the
location, manner, and time of disposition to be made of the remains,
agreeing to pay the regular fees of the licensee for cremation,
disposition, and other services rendered, and any other contractual
provisions as may be required by the bureau.
   (b) Of any remains more than 24 hours after delivery of the
remains, unless the remains have been preserved in the interim by
refrigeration or embalming.
   (c) Unless the licensee has a contractual relationship with a
licensed cemetery authority for final disposition of cremated human
remains by burial, entombment or inurnment of any and all remains
which are not lawfully disposed of or which are not called for or
accepted by the person or persons entitled to the custody and control
of the disposition thereof within 90 days of the date of death.



9784.5.  Every crematory licensee, who prohibits relatives or the
responsible party from viewing the cremation process, shall disclose
this fact in writing to the person or persons entitled to custody of
the remains prior to the signing of any contract.



9785.  Each crematory licensee shall keep such records as may be
required by the bureau to assure compliance with all laws relating to
the disposition of cremated human remains and shall file annually
with the bureau, a report in the form prescribed by the bureau,
describing the operations of the licensee, including the number of
cremations made, the disposition thereof, and any other information
as the bureau may, from time to time, require.



9786.  Every crematory licensee operating a crematory pursuant to a
license issued in compliance with this article shall pay an annual
regulatory charge for each crematory, to be fixed by the bureau at
not more than four hundred dollars ($400).  In addition to an annual
regulatory charge for each crematory, every licensee operating a
crematory pursuant to a license issued pursuant to this article shall
pay an additional charge of not more than eight dollars and fifty
cents ($8.50) per cremation made during the preceding quarter, which
charges shall be deposited in the Cemetery Fund.
   Notwithstanding any other provision of law, including any
provision contained in the Budget Act of 1996, this section shall
remain in effect until the loans authorized by Chapter 38, Statutes
of 1996, and by Chapter 162, Statutes of 1996, are repaid, with
interest at the rate accruing to moneys in the Pooled Money
Investment Account, but no later than April 1, 2003, pursuant to a
loan repayment plan approved by the Department of Finance.



9787.  Each crematory for which a crematory license is required
shall be operated under the supervision of a manager qualified as
such in accordance with rules adopted by the bureau.  Each 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 of this state.



9788.  It is a misdemeanor for any person, firm, or corporation to
cremate human remains or to engage in the disposition thereof without
a valid crematory license or a valid certificate of authority.  Each
cremation shall be a separate violation.



9789.  A crematory licensee shall be subject to and shall be
disciplined by the bureau in accordance with Article 6 (commencing
with Section 9725).