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367.97504 Crematory authority license -- Fees -- Operations procedures -Records -- Annual report.
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Every crematory operator and every person, firm, partnership, association, and
corporation desiring to operate a crematory authority shall obtain a crematory
authority license from the Attorney General at least thirty (30) days prior to
opening for the purpose of conducting cremations. Every crematory operator
and every person, firm, partnership, association, and corporation in existence
and unlicensed as of July 15, 1994, which conducts cremations shall apply for
a crematory authority license from the Attorney General within one hundred
eighty (180) days thereafter. The license shall be displayed in a conspicuous
place in the crematory. Application for a license shall be made in writing on the
form prescribed by the Attorney General by administrative regulation. The
application shall be accompanied by a one (1) time fee of one hundred dollars
($100) and shall show that the applicant owns or is actively operating a
crematory in this Commonwealth or that the applicant is in a position to
commence operating a crematory. The fees from the application shall be
placed in a trust and agency account to be used by the Attorney General for
the administration of KRS 367.97501 to 367.97537.
(a) In addition to any other information required by the Attorney General, an
application for a license shall contain the full name and address of the
applicant and, in the case of a business entity, of every member, officer,
and director. Any license issued pursuant to the application shall be valid
only at the address stated in the application.
(b) Upon receipt of the application and the payment of the license fee the
Attorney General shall issue a license unless he determines that the
applicant:
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Has made false statements or representations in the application;
2.
Is insolvent, has conducted, is about to conduct business in a
fraudulent manner; or
3.
Is not duly authorized to transact business in this Commonwealth.
Changes in the persons, firm, partnership, ownership, association, or corporate
structure as originally named on the application for a crematory authority
license renders the license void. The crematory authority shall file a new
application before the changes shall be official.
No crematory authority shall require that human remains be placed in a casket
before cremation or that human remains be cremated in a casket, nor shall a
crematory authority refuse to accept human remains for cremation because
they are not in a casket. A crematory may require the cremation container not
show evidence of leakage.
It is unlawful for any licensee under this section to cremate the remains of
anything other than dead human bodies, including pathological waste, in the
same cremation chambers licensed under this section. This prohibition does
not apply to a dead human fetus, which may be cremated.
Each crematory authority shall maintain a record of each cremation of human
remains, disclosing the name of the person cremated, the name of the person
authorizing the cremation, the date the body was received, the date the
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cremation was performed, and any other information the Attorney General may
require by administrative regulation. The records shall be kept at the crematory
for a period of not less than ten (10) years for inspection by the Attorney
General.
Each crematory authority shall file annually with the Attorney General a report
in the form prescribed by the Attorney General by administrative regulation. A
ten dollar ($10) fee shall be paid to the Attorney General by each crematory
authority filing an annual report. The fees from these reports shall be placed in
a trust and agency account to be used by the Attorney General for the
administration of KRS 367.97501 to 367.97537.
Effective:July 15, 1994
History: Created 1994 Ky. Acts ch. 140, sec. 2, effective July 15, 1994.
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