text:
(a) The current address, telephone number, and name of the Department of Consumer Affairs, Cemetery and Funeral Bureau shall appear on the first page of any contract for goods and services offered by a licensee. At a minimum, the information shall be in 8-point boldface type and make this statement:

“FOR MORE INFORMATION ON FUNERAL, CEMETERY, CREMATION, AND HYDROLYSIS MATTERS, CONTACT: DEPARTMENT OF CONSUMER AFFAIRS, CEMETERY AND FUNERAL BUREAU (ADDRESS), (TELEPHONE NUMBER).”

(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Amended by Stats. 2023, Ch. 510, Sec. 88. (SB 887) Effective January 1, 2024. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 89 of Stats. 2023, Ch. 510.)

article: 5.5. Funeral Practices


kind: section

code: BPC

text:
(a) The current address, telephone number, and name of the Department of Consumer Affairs, Cemetery and Funeral Bureau shall appear on the first page of any contract for goods and services offered by a licensee. At a minimum, the information shall be in 8-point boldface type and make this statement:

“FOR MORE INFORMATION ON FUNERAL, CEMETERY, CREMATION, HYDROLYSIS, AND REDUCTION MATTERS, CONTACT: DEPARTMENT OF CONSUMER AFFAIRS, CEMETERY AND FUNERAL BUREAU (ADDRESS), (TELEPHONE NUMBER).”

(b) This section shall become operative on January 1, 2027.

history: (History: Repealed (in Sec. 88) and added by Stats. 2023, Ch. 510, Sec. 89. (SB 887) Effective January 1, 2024. Operative January 1, 2027, by its own provisions.)

division: 3. PROFESSIONS AND VOCATIONS GENERALLY

chapter: 12. Cemetery and Funeral Act

article: 5.5. Funeral Practices

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 5.5. Funeral Practices


text:
(a) The bureau shall make available to funeral establishments and cemetery authorities a copy of a consumer guide for funeral and cemetery purchases for purposes of reproduction and distribution. The funeral and cemetery guide that is approved by the bureau, in consultation with the funeral and cemetery industries and any other interested parties, shall be made available in printed form and electronically through the Internet.

(b) A licensee shall prominently display and make available to any individual who, in person, inquires about funeral or cemetery purchases, a copy of the consumer guide for funeral and cemetery purchases, reproduced as specified in subdivision (a).

(c) Prior to the drafting of a contract for services, the licensee shall provide, for retention, the consumer with a copy of the consumer guide for funeral and cemetery purchases described in subdivisions (a) and (b).

history: (History: Amended by Stats. 2015, Ch. 395, Sec. 22. (AB 180) Effective January 1, 2016.)

article: 5.5. Funeral Practices


text:
(a) Every funeral establishment, prior to drafting any contract for funeral goods or services, shall present to the survivor of the deceased who is handling the funeral arrangements, or the responsible party, a statement disclosing whether or not the funeral establishment has any preneed agreement made by or on behalf of the deceased. If the funeral establishment has a preneed agreement made by or on behalf of the deceased, the statement shall also declare the establishment’s compliance with Section 7745. The disclosure statement shall be signed and dated by the representative of the funeral establishment and by the survivor or responsible party. The completed disclosure statement shall be retained by the funeral establishment for a period of time determined by the bureau, and a copy shall be given to the survivor or responsible party.

(b) The bureau shall develop a form, in consultation with the funeral industry and any other interested parties, that is separate and distinct from other forms, upon which the disclosure statement shall be made. The bureau shall make the form available to funeral establishments for purposes of reproduction and distribution, and the form shall also be available electronically through the Internet. The form shall be simple and easy to read and shall include all of the following:

(1) The definition of a preneed arrangement, adopted by the bureau by regulation.

(2) A statement of the funeral establishment’s responsibilities under Section 7745.

(3) Information about how the consumer may contact the bureau for more information or how to file a complaint against a licensee.

(c) A violation of this section constitutes grounds for disciplinary action.

(d) This section shall become operative July 1, 2002.

history: (History: Added by Stats. 2001, Ch. 715, Sec. 3. Effective January 1, 2002. Section operative July 1, 2002, by its own provisions.)

article: 5.5. Funeral Practices


citation: BPC § 7686

text: The bureau may suspend or revoke licenses, after proper notice and hearing to the licensee, if the licensee has been found guilty by the bureau of any of the acts or omissions constituting grounds for disciplinary action. The proceedings under this article shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the bureau shall have all the powers granted therein.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 133. Effective January 1, 2001.)

article: 6. Disciplinary Proceedings

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 6. Disciplinary Proceedings


text: All accusations against licensees shall be filed with the bureau within two years after the performance of the act or omission alleged as the ground for disciplinary action; provided, however, that the foregoing provision shall not constitute a defense to an accusation alleging fraud or misrepresentation as a ground for disciplinary action. The cause for disciplinary action in such case shall not be deemed to have accrued until discovery, by the bureau, of the facts constituting the fraud or misrepresentation, and, in such case, the accusation shall be filed within three years after such discovery.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 134. Effective January 1, 2001.)

article: 6. Disciplinary Proceedings


citation: BPC § 7687

text: Upon receipt of a complaint, the bureau may make or cause to be made such investigation as it deems necessary.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 135. Effective January 1, 2001.)

article: 6. Disciplinary Proceedings


citation: BPC § 7688

text: Notwithstanding any law, in the event of expiration or suspension of a license by operation of law or by order or decision of the director or a court of law, or the voluntary surrender of a license by a cemetery licensee, cemetery owner, cemetery operator, or holder of a cemetery certificate of authority, the director may coordinate and assist with any investigation of or action or criminal proceedings against the cemetery licensee and its officers, agents, or employees that is conducted by another law enforcement entity.

history: (History: Added by Stats. 2021, Ch. 442, Sec. 4. (AB 651) Effective January 1, 2022.)

article: 6. Disciplinary Proceedings


citation: BPC § 7690

text:
The bureau may discipline every accused licensee whose default has been entered or who has been tried and found guilty, after formal hearing, of any act or omission constituting a ground for disciplinary action.

Any of the following penalties may be imposed by the bureau:

(a) Suspension of the disciplinary order.

(b) Reproval, public or private.

(c) Probation.

(d) Suspension of the right to practice.

(e) Revocation of the right to practice.

(f) Such other penalties as the bureau deems fit.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 136. Effective January 1, 2001.)

article: 6. Disciplinary Proceedings


citation: BPC § 7691

text: Conviction of a crime substantially related to the qualifications, functions and duties of the license holder in question constitutes a ground for disciplinary action. The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction.

history: (History: Amended by Stats. 1978, Ch. 1161.)

article: 6. Disciplinary Proceedings


citation: BPC § 7692

text: Misrepresentation or fraud in the conduct of the business or the profession of a funeral director or embalmer constitutes a ground for disciplinary action.

history: (History: Added by Stats. 1939, Ch. 39.)

article: 6. Disciplinary Proceedings


text: Any false or misleading statement regarding any law or regulation pertaining to the preparation for burial, transportation for burial, or burial of the dead, made wilfully by a licensee to obtain business as a funeral director or embalmer, constitutes a ground for disciplinary action.

history: (History: Added by Stats. 1953, Ch. 1383.)

article: 6. Disciplinary Proceedings


citation: BPC § 7693

text: False or misleading advertising as a funeral establishment, funeral director, or embalmer constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1998, Ch. 970, Sec. 72. Effective January 1, 1999.)

article: 6. Disciplinary Proceedings


citation: BPC § 7694

text: Solicitation, after a death or while a death is impending, of funeral directing or embalming business by the licensee, or by the agents, assistants or employees of the licensee, when such solicitation is authorized or ratified by the licensee, constitutes a ground for disciplinary action. This section does not prohibit general advertising.

history: (History: Amended by Stats. 1941, Ch. 87.)

article: 6. Disciplinary Proceedings


citation: BPC § 7695

text: Employment by the licensee of persons known as “cappers” or “steerers” or “solicitors,” or other such persons to solicit, after a death or while a death is impending, funeral directing or embalming business constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1941, Ch. 88.)

article: 6. Disciplinary Proceedings


citation: BPC § 7696

text: Employment, directly or indirectly, of any apprentice, agent, assistant, embalmer, employee or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence human remains may be turned over to a particular funeral director or embalmer constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1998, Ch. 970, Sec. 73. Effective January 1, 1999.)

article: 6. Disciplinary Proceedings


citation: BPC § 7697

text: The buying, after a death or while a death is impending, of funeral directing and embalming business by the licensee, the licensee’s agents, assistants or employees, or the direct or indirect payment, or offer of payment, of a commission by the licensee, the licensee’s agents, assistants or employees for the purpose of such buying of business, constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1998, Ch. 970, Sec. 74. Effective January 1, 1999.)

article: 6. Disciplinary Proceedings


citation: BPC § 7699

text: Aiding or abetting an unlicensed person to practice funeral directing or embalming constitutes a ground for disciplinary action.

article: 6. Disciplinary Proceedings


citation: BPC § 7700

text: Using profane, indecent, or obscene language in the course of the preparation for burial, removal, or other disposition of, or during the funeral service for, human remains, or within the immediate hearing of the family or relatives of a deceased, whose remains have not yet been interred or otherwise disposed of constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1998, Ch. 970, Sec. 75. Effective January 1, 1999.)

article: 6. Disciplinary Proceedings


citation: BPC § 7701

text: Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing human remains to be disposed of in any crematory, mausoleum or cemetery constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1998, Ch. 970, Sec. 76. Effective January 1, 1999.)

article: 6. Disciplinary Proceedings


text: Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing the purchase of flowers from any particular florist or dealer in flowers, for use in connection with a funeral service, constitutes a ground for disciplinary action.

history: (History: Added by Stats. 1953, Ch. 1240.)

article: 6. Disciplinary Proceedings


citation: BPC § 7702

text: Using any casket or part of a casket which has previously been used as a receptacle for, or in connection with the burial or other disposition of, human remains constitutes a ground for disciplinary action; provided, however, this section shall not apply to exterior casket hardware which is not sold to the purchaser, or where same is reserved by contract.

history: (History: Amended by Stats. 1998, Ch. 970, Sec. 77. Effective January 1, 1999.)

article: 6. Disciplinary Proceedings


citation: BPC § 7703

text: Violation of any of the provisions of this chapter or of the rules and regulations adopted pursuant to this chapter constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1976, Ch. 961.)

article: 6. Disciplinary Proceedings


citation: BPC § 7704

text: Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of human remains constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1998, Ch. 970, Sec. 78. Effective January 1, 1999.)

article: 6. Disciplinary Proceedings


citation: BPC § 7705

text: Fraud or misrepresentation in obtaining a license constitutes a ground for disciplinary action.

article: 6. Disciplinary Proceedings


citation: BPC § 7706

text: Refusing to surrender promptly the custody of human remains, the personal effects, and any certificate or permit required under Division 102 (commencing with Section 102100) of the Health and Safety Code that is in the possession or control of the licensee upon the express order of the person lawfully entitled to custody of the human remains constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 2003, Ch. 874, Sec. 25. Effective January 1, 2004.)

article: 6. Disciplinary Proceedings


citation: BPC § 7707

text: Gross negligence, gross incompetence or unprofessional conduct in the practice of funeral directing or embalming constitutes a ground for disciplinary action.

history: (History: Amended by Stats. 1957, Ch. 652.)

article: 6. Disciplinary Proceedings


citation: BPC § 7708

text: The bureau, after a hearing, may deny the application of a funeral establishment, funeral director, embalmer, or apprentice embalmer on proof that the applicant has committed acts or crimes constituting grounds for denial of licensure under Section 480. The record of conviction, or a certified copy thereof, shall be conclusive evidence of the conviction.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 137. Effective January 1, 2001.)

article: 6. Disciplinary Proceedings


citation: BPC § 7709

text: A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The bureau may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 138. Effective January 1, 2001.)

article: 6. Disciplinary Proceedings


citation: BPC § 7711

text: When a funeral establishment, funeral director or embalmer has had his, or her, or its license suspended, canceled, or revoked by the bureau, the bureau, upon written application by the licensee affected, upon not less than 10 days’ notice to all parties of record in the particular case, and after hearing all evidence offered in support of and in opposition to that application, may, in its discretion, and upon those terms as it may deem just, reinstate the applicant.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 139. Effective January 1, 2001.)

article: 6. Disciplinary Proceedings


text:
Unprofessional conduct by any licensee or registrant or by any agent or employee of a licensee or registrant constitutes grounds for disciplinary action. Unprofessional conduct includes, but is not limited to, the following:

(a) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of this chapter and any regulation adopted thereunder, or of any federal or state law or regulation governing the disposition of human remains, operation of cemeteries or crematories, the sale of cemetery property, or the sale of crematory services or commodities.

(b) Negligence in performing any act related to the operation of a cemetery or crematory.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 23. (AB 180) Effective January 1, 2016.)

article: 6. Disciplinary Proceedings


text:
The bureau may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any person engaged in the business or acting in the capacity of a cemetery licensee, and may temporarily suspend or permanently revoke a license at any time where the licensee, within the immediately preceding three years, while a cemetery licensee in performing or attempting to perform any of the acts specified in this act, has been guilty of any of the following:

(a) Making any substantial misrepresentation.

(b) Making any false statement of a character likely to influence or persuade.

(c) A continued and flagrant course of misrepresentation or making of false promises through cemetery agents or salespersons.

(d) Acting for more than one party in a transaction without the knowledge or consent of all parties thereto.

(e) Commingling the money or other property of his or her principal with his or her own.

(f) The practice of claiming or demanding a fee, compensation, or commission under any exclusive agreement authorizing or employing a licensee to sell, buy, or exchange cemetery property for compensation or commission where such agreement does not contain a definite, specified date of final and complete termination.

(g) The claiming or taking by a licensee of any secret or undisclosed amount of compensation, commission, or profit or the failure of a licensee to reveal to the employer of such licensee the full amount of such licensee’s compensation, commission, or profit under any agreement authorizing or employing such licensee to sell, buy, or exchange cemetery property for compensation or commission prior to or coincident with the signing of such agreement evidencing the meeting of the minds of the contracting parties, regardless of the form of such agreement, whether evidenced by documents in an escrow or by any other or different procedure.

(h) The use by a licensee of any provision allowing the licensee an option to purchase in an agreement authorizing or employing such licensee to sell, buy, or exchange cemetery property for compensation or commission, except when such licensee prior to or coincident with election to exercise such option to purchase reveals in writing to the employer the full amount of the licensee’s profit and obtains the written consent of the employer approving the amount of such profit.

(i) Any other conduct, whether of the same or a different character than specified in this section, which constitutes fraud or dishonest dealing.

(j) The misrepresentations and false statements mentioned in this section also include misrepresentation and false statements as to other property than that which the cemetery licensee may be selling or attempting to sell.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 24. (AB 180) Effective January 1, 2016.)

article: 6. Disciplinary Proceedings


text:
The bureau may suspend or revoke the license of any cemetery licensee who, within the immediately preceding three years, has done any of the following:

(a) Been convicted of a crime substantially related to the qualifications, functions, and duties of such licensee. The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction.

(b) Knowingly authorized, directed, connived at, or aided in the publication, advertisement, distribution, or circulation of any material false statement or representation concerning his or her business or any cemetery property offered for sale.

(c) Willfully disregarded or violated any of the provisions of this act relating to cemetery brokerage.

(d) Acted or conducted himself or herself in a manner which would have warranted the denial of his or her application for a cemetery license, or for a renewal thereof.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 25. (AB 180) Effective January 1, 2016.)

article: 6. Disciplinary Proceedings


text: When any salesperson is discharged by his or her employer for a violation of any of the provisions of this article prescribing a ground for disciplinary action, a verified written statement of the facts with reference thereto shall be filed forthwith with the bureau by the employer and, if the employer fails to notify the bureau as required by this section, the bureau may temporarily suspend or permanently revoke the cemetery license of the employer in accordance with the provisions of this act.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 26. (AB 180) Effective January 1, 2016.)

article: 6. Disciplinary Proceedings


text: The bureau may deny, suspend, or revoke the cemetery license of a corporation as to any officer or agent acting under its cemetery license, and the cemetery license of a copartnership as to any member acting under its cemetery license, without revoking the cemetery license of the corporation or of the copartnership.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 27. (AB 180) Effective January 1, 2016.)

article: 6. Disciplinary Proceedings


text: The fees for cemetery licenses at all periods of the fiscal year is the same as provided in this article. All cemetery license fees are payable in advance of issuing the licenses and at the time of filing the application. All licenses shall be issued for the fiscal year and shall expire on June 30 of each fiscal year at midnight.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 28. (AB 180) Effective January 1, 2016.)

article: 6. Disciplinary Proceedings


text:
(a) If a person fails to apply for a license renewal, no renewal license shall be issued except upon payment of the delinquent renewal fee required under Section 7729.2.

(b) A person who fails to renew his or her license within one year of the expiration date shall not engage in any of the activities authorized by a license unless he or she first files the application required for an original license, pays the original license fee, and otherwise complies with all of the provisions of this act pertaining to the issuance of an original license.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 29. (AB 180) Effective January 1, 2016.)

article: 6. Disciplinary Proceedings


text: The definitions contained in this article are solely for the purposes of this article.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 30. (AB 180) Effective January 1, 2016.)

article: 6. Disciplinary Proceedings


text: An original cemetery broker’s license is a cemetery license issued to a person who did not have a cemetery broker’s license on June 30 of the fiscal year previous to the fiscal year for which the license is issued.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 31. (AB 180) Effective January 1, 2016.)

article: 6. Disciplinary Proceedings


text: A renewal cemetery broker’s license is a cemetery license issued to a person who had a cemetery broker’s license unrevoked and unsuspended on June 30 of the fiscal year previous to the fiscal year for which the renewal cemetery license is issued.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 32. (AB 180) Effective January 1, 2016.)

article: 6. Disciplinary Proceedings


text: An original cemetery salesperson’s license is a cemetery license issued to a person who did not have a cemetery salesperson’s or a broker’s license either individually or as an officer of a corporation, or as a member of a copartnership, on June 30 of the fiscal year previous to the fiscal year for which the salesperson’s license is issued.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 33. (AB 180) Effective January 1, 2016.)

article: 6. Disciplinary Proceedings


text: A renewal cemetery salesperson’s license is a cemetery license issued to a person who had a cemetery salesperson’s or a broker’s license either individually or as an officer of a corporation, or as a member of a copartnership, on June 30 of the fiscal year previous to the fiscal year for which the salesperson’s license is issued.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 34. (AB 180) Effective January 1, 2016.)

article: 6. Disciplinary Proceedings


citation: BPC § 7712

text: 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.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)

article: 6.5. Crematories

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 6.5. Crematories


text:
(a) Any change in the ownership of a crematory shall be reported to the bureau.

(b) 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.

(c) When a change of ownership in a crematory occurs, all of the following apply:

(1) The new owner may submit an application to assign the crematory license.

(2) If the new owner submits an application pursuant to paragraph (1), the new owner shall submit the application at least 30 days before the change of ownership occurs.

(3) If the new owner submits an application pursuant to paragraph (1), the new owner shall pay the fee described in subdivision (b) of Section 7712.9.

(4) If the new owner submits an application pursuant to paragraph (1), the bureau shall approve or disapprove the application.

(5) If the new owner submits an application pursuant to paragraph (1), the bureau may approve the application prior to the date of the final sale.

(d) (1) Within 10 days after a sale of a crematory is final, the new owner shall submit to the bureau a copy of the final sales agreement.

(2) Within 60 days after a sale of a crematory is final, the new owner shall submit to the bureau proof that any required permit to operate the crematory issued by a local air pollution control district has been assigned to the new owner.

(3) A failure to comply with paragraph (1) or (2) shall constitute a ground for a disciplinary action.

(e) 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.

history: (History: Amended by Stats. 2023, Ch. 206, Sec. 1. (AB 1560) Effective January 1, 2024.)

article: 6.5. Crematories


text: 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.

article: 6.5. Crematories


text: The provisions of Article 5 (commencing with Section 8341) of Chapter 2 of Part 3 of Division 8 of the Health and Safety Code shall apply to crematories licensed under this chapter.

article: 6.5. Crematories


text: 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.

article: 6.5. Crematories


text:
(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.

(c) At the time of the filing of the application required by this article, 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 therefor, deposit an additional sum sufficient to defray such expenses, provided that the total sum shall not exceed nine hundred dollars ($900).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 45. (SB 1443) Effective January 1, 2023.)

article: 6.5. Crematories


text:
A crematory licensee under this article shall not 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.

article: 6.5. Crematories


text: 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.

article: 6.5. Crematories


text: Each crematory licensee shall keep such records as may be required by the bureau to ensure 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.

article: 6.5. Crematories


text:
(a) 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 of seven hundred fifty dollars ($750). 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 eleven dollars and fifty cents ($11.50) per cremation made during the preceding quarter, which charges shall be deposited in the Cemetery and Funeral Fund.

(b) The fee to assign a crematory license shall be seven hundred fifty dollars ($750), paid by the proposed assignee, and deposited in the Cemetery and Funeral Fund.

history: (History: Amended by Stats. 2023, Ch. 206, Sec. 2. (AB 1560) Effective January 1, 2024.)

article: 6.5. Crematories


text:
(a) Each crematory for which a crematory license is required shall be operated under the supervision of a manager qualified 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.

(b) A person shall not engage in the business of, act in the capacity of, or advertise or assume to act as, a crematory manager without first obtaining a license from the bureau.

article: 6.5. Crematories


text:
(a) Each hydrolysis facility for which a hydrolysis facility license is required shall be operated under the supervision of a manager qualified in accordance with rules adopted by the bureau. A licensed crematory manager may be designated as a hydrolysis facility manager with appropriate certification upon demonstrating an understanding of the applicable provisions of this code and of the Health and Safety Code, as determined by the bureau.

(b) A person shall not engage in the business of, act in the capacity of, or advertise or assume to act as, a hydrolysis facility manager without a valid crematory manager license and obtaining a certification from the bureau.

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

history: (History: Added by Stats. 2017, Ch. 846, Sec. 25. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)

article: 6.5. Crematories


citation: BPC § 7713

text:
A crematory shall at all times employ a licensed crematory manager to manage, supervise, and direct its operations.

(a) Every crematory shall designate a licensed crematory manager to manage the crematory, 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. Notwithstanding any provision of this chapter to the contrary, licensed crematories within close geographical proximity of each other may request the bureau to allow a licensed crematory manager to manage, supervise, and direct the business or profession of more than one facility.

(b) The designated crematory manager shall be responsible for exercising direct supervision and control over the operations, employees, and agents of the crematory 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 crematory manager or the licensed crematory to exercise that supervision or control shall constitute a ground for disciplinary action.

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

history: (History: Amended by Stats. 2017, Ch. 573, Sec. 42. (SB 800) Effective January 1, 2018.)

article: 6.5. Crematories


text:
(a) Application for a crematory 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 crematory 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 crematory manager license to any applicant who meets the requirements of this chapter and who has successfully passed the crematory manager examination administered by the bureau.

article: 6.5. Crematories


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

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

article: 6.5. Crematories


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

article: 6.5. Crematories


text: A crematory licensee shall be subject to and shall be disciplined by the bureau in accordance with Article 6 (commencing with Section 7686).

article: 6.5. Crematories


citation: BPC § 7714

text: A corporation, partnership, or natural person may operate, establish, or maintain a reduction facility with a valid reduction facility license issued by the bureau.

history: (History: Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)

article: 6.6. Reduction Facilities

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 6.6. Reduction Facilities


text:
(a) The application for a reduction facility 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 fees required pursuant to Article 8 (commencing with Section 7725).

(b) The bureau shall require an applicant for a reduction facility license to prove compliance with all applicable laws, rules, regulations, ordinances, and orders, and shall not issue a reduction facility license until the bureau is satisfied that the public interest, human health, and environmental quality will be served by the applicant.

(c) The applicant for a reduction facility license shall present to the bureau any state or locally required permits for business operations, including, but not limited to, permits required by the local public health department or other state or locally required permits.

article: 6.6. Reduction Facilities


text: A change in the ownership of a reduction facility shall be reported to the bureau. A transfer in a single transaction or related transactions of more than 50 percent of the equitable interest in a reduction facility constitutes a change of ownership. When a change in ownership in a reduction facility occurs, the existing reduction facility license shall lapse and the new owner shall obtain a license from the bureau as required. The bureau shall not require an applicant under this section to obtain a new permit or license from any other governmental agency when the existing permit or license is valid.

article: 6.6. Reduction Facilities


text:
(a) The bureau shall adopt, and may amend, rules and regulations prescribing standards for applicants for reduction facility licenses. In reviewing an application for a reduction facility license, the bureau may consider acts of the applicant, including acts of the incorporators, officers, directors, and stockholders of the applicant, that constitute grounds for the denial of a reduction facility license pursuant to Division 1.5 (commencing with Section 475).

(b) (1) The State Department of Public Health shall adopt, and may amend, rules and regulations prescribing the standards for reduction chambers to preserve the public health and safety and to ensure the destruction of pathogenic microorganisms. A reduction chamber manufacturer shall apply to the State Department of Public Health for approval of a reduction chamber for sale and use in the state.

(2) The department, to cover the reasonable regulatory costs of the department, shall charge an application fee for evaluation of a reduction chamber, not to exceed the reasonable regulatory costs of the evaluation, including time that the department spends on processing the application.

(3) A reduction facility and its employees shall not use a reduction chamber unless it has been approved by the State Department of Public Health pursuant to this subdivision.

(c) The bureau shall grant reduction facility licenses only to applicants that will employ a reduction chamber approved by the State Department of Public Health pursuant to subdivision (b).

(d) A reduction facility shall ensure or conduct annual maintenance of all reduction chambers in use by the facility.

(e) The bureau shall not renew a reduction facility license without proof of annual maintenance of all reduction chambers in use by the facility.

article: 6.6. Reduction Facilities


text:
A licensed reduction facility shall not conduct reduction of human remains unless all of the following requirements are met:

(a) The facility is operated under the supervision of a manager qualified in accordance with rules operated by the bureau. A licensed crematory manager may be designated as a reduction facility manager with appropriate certification upon demonstrating an understanding of the applicable provisions of this code and the Health and Safety Code, as determined by the bureau.

(b) (1) 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 of the remains, in which the person or persons entitled to custody of the remains agree to pay the licensee’s regular fee for reduction, disposition, and other services rendered, and any other contractual provisions required by the bureau.

(2) The contract shall include an estimate of the volume of the reduced human remains that will be received and shall offer the following options:

(A) The person entitled to custody of the remains may choose to receive all of the reduced human remains in one or more reduced human remains containers, the number of containers to be specified by the person.

(B) The person entitled to custody of the remains may choose to receive part of the reduced human remains in one or more reduced human remains containers, the amount received to be specified by the person and the balance of the remains to be integrated into the soil by the reduction facility in a conservation area pursuant to Section 7054.5 of the Health and Safety Code.

(C) The person entitled to custody of the remains may choose to receive none of the reduced human remains and to have the reduction facility integrate the remains into the soil in a conservation area pursuant to Section 7054.5 of the Health and Safety Code.

(3) If the person entitled to custody of the remains chooses not to receive all of the reduced human remains pursuant to subparagraph (B) or (C) of paragraph (2), the reduction facility shall notify the person of the location of the conservation area into which the reduced human remains will be integrated.

(c) Reduction of remains begins not more than 24 hours after delivery of the remains to the licensee, unless the remains have been preserved in the interim by refrigeration.

(d) The licensee has either of the following:

(1) (A) A contractual relationship with a licensed cemetery authority for final disposition of reduced human remains by burial, entombment, or inurnment of any and all remains that are not lawfully disposed of or that are not called for or accepted by the person or persons entitled to the custody and control of the disposition of those remains within 90 days of date of death.

(B) A licensed cemetery authority may begin the process of disposition of the reduced remains if they have not been removed from the cemetery by the authorized representative having the right to control disposition pursuant to Section 7100 of the Health and Safety Code within 60 days of the date of receipt and shall bear no liability for that disposal.

(2) A contractual relationship with, or ownership of, a conservation area where the reduction facility may lawfully integrate the reduced human remains into the soil pursuant to Section 7054.5 of the Health and Safety Code. The facility may integrate into the soil any reduced human remains that are not called for or accepted by the person or persons entitled to the custody and control of the disposition of those remains within 90 days of date of death.

article: 6.6. Reduction Facilities


text: It is a misdemeanor for a person, firm, or corporation to reduce human remains, or to dispose of reduced human remains, without a valid, unexpired reduction facility license. Each reduction of human remains carried out in violation of this section is a separate violation.

article: 6.6. Reduction Facilities


text: A reduction facility shall be subject to, and shall be disciplined by, the bureau in accordance with, Article 6 (commencing with Section 7686).

article: 6.6. Reduction Facilities


text: The licensing requirements of this article shall become operative on January 1, 2027.

article: 6.6. Reduction Facilities


citation: BPC § 7715

text: Any person, partnership, association, corporation, or other form of organization, or any agent or representative thereof, who violates any of the provisions of this chapter is guilty of a misdemeanor.

history: (History: Amended by Stats. 1998, Ch. 970, Sec. 83. Effective January 1, 1999.)

article: 7. Penal Provisions

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 7. Penal Provisions


citation: BPC § 7716

text: Every funeral establishment, funeral director or embalmer, or the agents or representatives thereof, who, after a death or while a death is impending, pays, offers to pay or causes to be paid, directly or indirectly, any sum of money or other valuable consideration for the securing of business is guilty of a misdemeanor.

history: (History: Amended by Stats. 1996, Ch. 1151, Sec. 35. Effective January 1, 1997.)

article: 7. Penal Provisions


citation: BPC § 7717

text: Every person, who pays or causes to be paid or offers to pay to any funeral establishment, funeral director or embalmer, or to the agent, assistant or employee of either, any commission or bonus or rebate or other thing of value in consideration of the funeral establishment, funeral director or embalmer recommending or causing human remains to be disposed of in any crematory, mausoleum or cemetery, is guilty of a misdemeanor.

history: (History: Amended by Stats. 1996, Ch. 1151, Sec. 36. Effective January 1, 1997.)

article: 7. Penal Provisions


text: Every person who pays or causes to be paid or offers to pay to any funeral establishment, funeral director or embalmer, or to the agent, assistant or employee of either, any commission or bonus or rebate or other thing of value in consideration of the funeral establishment, funeral director or embalmer recommending or causing the purchase of flowers from any particular florist or dealer in flowers, for use in connection with a funeral service, is guilty of a misdemeanor; provided, that this section shall not apply to a funeral establishment or funeral director who owns or operates a flower shop as a part of his, her or its funeral business, or to his, her or its agents or employees.

history: (History: Amended by Stats. 1996, Ch. 1151, Sec. 37. Effective January 1, 1997.)

article: 7. Penal Provisions


citation: BPC § 7718

text: Every person who, after a death or while a death is impending, solicits or accepts any sum of money or other valuable consideration, directly or indirectly, from a funeral establishment, funeral director or embalmer, his, her, or its agent or representative, in order that the funeral establishment, funeral director or embalmer might obtain business, is guilty of a misdemeanor.

history: (History: Amended by Stats. 1996, Ch. 1151, Sec. 38. Effective January 1, 1997.)

article: 7. Penal Provisions


text: Every person as an individual, as a partner in a partnership or as an officer or employee of a corporation, association or other organization, who, without a license, holds himself or herself out as a funeral director, is guilty of a misdemeanor.

history: (History: Amended by Stats. 1998, Ch. 970, Sec. 84. Effective January 1, 1999.)

article: 7. Penal Provisions


citation: BPC § 7719

text: Every person guilty of a misdemeanor under the provisions of this chapter, shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than six months, or by a fine not exceeding one thousand dollars ($1,000), or by both.

history: (History: Amended by Stats. 1983, Ch. 1092, Sec. 29. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

article: 7. Penal Provisions


citation: BPC § 7725

text:
A license issued under this chapter shall expire each year on the last day of the month in which the license was originally issued. To renew an unexpired license, the licenseholder shall on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the bureau, and pay the renewal fee prescribed by this chapter.

The bureau shall mail to each licensed funeral establishment, funeral director, and embalmer, addressed to him or her at his or her address of record, a notice that a renewal fee is due and payable.

history: (History: Amended by Stats. 2003, Ch. 874, Sec. 26. Effective January 1, 2004.)

article: 8. Revenue

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 8. Revenue


text:
Except as otherwise provided in this chapter, a license that has expired may be renewed at any time within five years after its expiration on filing of an application for renewal on a form prescribed by the bureau and payment of all accrued and unpaid renewal fees. If the license is not renewed within 30 days after its expiration the licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 7725 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed.

If a license is not renewed within one year following its expiration, the bureau may require as a condition of renewal that the holder of the license pass an examination on the appropriate subjects provided by this chapter.

history: (History: Amended by Stats. 2015, Ch. 395, Sec. 36. (AB 180) Effective January 1, 2016.)

article: 8. Revenue


text: A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended.

history: (History: Amended by Stats. 1967, Ch. 1338.)

article: 8. Revenue


text: A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of the license, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated plus the delinquency fee, if any, accrued at the time of its revocation.

article: 8. Revenue


text:
A license that is not renewed within five years after its expiration may not be renewed, restored, reissued, or reinstated thereafter. The holder of the expired license may obtain a new license only if the holder pays all of the fees, and meets all of the requirements, other than requirements relating to education, set forth in this chapter for obtaining an original license, except that the bureau may issue a new license to the holder without examination if the holder establishes to the bureau’s satisfaction that, with due regard for the public interest, the holder is qualified to engage in the activity in which the holder again seeks to be licensed. The bureau may, by appropriate regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a license is issued without examination under this section.

The provisions of this section do not apply to certificates of apprenticeship.

history: (History: Amended by Stats. 2009, Ch. 307, Sec. 93. (SB 821) Effective January 1, 2010.)

article: 8. Revenue


citation: BPC § 7727

text:
(a) On or before the 10th day of each month, the department shall pay into the State Treasury and report to the State Controller all the fees received for the bureau. The fees shall be received by the State Treasurer and placed in the Cemetery and Funeral Fund, which fund is available for expenditures necessary for the proper administration of this chapter.

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

history: (History: Repealed (in Sec. 37) and added by Stats. 2015, Ch. 395, Sec. 38. (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)

article: 8. Revenue


citation: BPC § 7729

text:
The amount of the fees prescribed by this chapter shall be fixed according to the following schedule:

(a) The application fee for a funeral director’s license shall be three hundred eighty dollars ($380).

(b) The application fee for change of location of a funeral establishment’s license shall be four hundred seventy dollars ($470).

(c) The application fee for permission to assign a funeral establishment’s license shall be five hundred sixty dollars ($560).

(d) The license renewal fee payable by a licensed funeral director shall be three hundred eighty dollars ($380). The fee for a delinquent renewal of a funeral director’s license shall be 150 percent of the timely renewal fee.

(e) The application fee for an embalmer’s license and the examination on the state’s laws required under paragraph (2) of subdivision (a) of Section 7646 for the license shall be two hundred eighty dollars ($280).

(f) The renewal fee payable by a licensed embalmer shall be one hundred ninety dollars ($190). The fee for a delinquent renewal of an embalmer’s license shall be 150 percent of the timely renewal fee.

(g) The application fee for a certificate of registration as an apprentice embalmer shall be one hundred twenty dollars ($120).

(h) The fee for an application by a funeral establishment for approval to train apprentice embalmers and for renewal of that approval shall be one hundred ninety dollars ($190).

(i) The application fee for a funeral director’s examination shall be one hundred ninety dollars ($190).

(j) The fee for a timely filing of an individual report or a combined report on preneed trust funds shall be five hundred dollars ($500). The fee for a late filing of any report on preneed trust funds shall be 150 percent of the applicable timely fee.

(k) The application fee for permission to change the name appearing on a funeral establishment’s license shall be three hundred dollars ($300), and for permission to change the name on any other license or certificate, shall be twenty-five dollars ($25).

(l) The application fee for a duplicate funeral director’s license, a duplicate funeral establishment’s license, a duplicate embalmer’s license, or a duplicate certificate of registration as an apprentice embalmer, shall be fifty dollars ($50).

(m) The fee for filing a report of a change of corporate officers, managers, or preneed trust fund trustees shall be fifty dollars ($50).

(n) The application fee for a funeral establishment license shall be seven hundred fifty dollars ($750).

(o) The license renewal fee for a licensed funeral establishment shall be seven hundred fifty dollars ($750). The fee for a delinquent renewal of a funeral establishment license shall be 150 percent of the timely renewal fee.

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 47. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text: The amount of fees prescribed for a license or certificate of authority under this act is that fixed by the following provisions of this article. Any license or certificate of authority provided under this act that has expired may be renewed within five years of its expiration upon payment of all accrued and unpaid renewal and regulatory fees.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 39. (AB 180) Effective January 1, 2016.)

article: 8. Revenue


text: The delinquent renewal fee for a license, registration, or certificate of authority under this chapter shall be 150 percent of the timely fee, but not less than the renewal fee plus twenty-five dollars ($25).

history: (History: Added by Stats. 2015, Ch. 395, Sec. 40. (AB 180) Effective January 1, 2016.)

article: 8. Revenue


text: The original cemetery broker’s license fee shall be seven hundred fifty dollars ($750).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 48. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text:
(a) The original cemetery broker’s license fee is payable at the time of the filing of an application for an original cemetery broker’s license.

(b) If the applicant fails the required written examination, they may be permitted to take another examination upon the filing of an application for reexamination and the payment of a reexamination fee. This reexamination fee shall be one hundred ninety dollars ($190).

(c) No part of any original cemetery broker’s license fee or reexamination fee is refundable. It is deemed earned upon receipt by the bureau, whether the accompanying application for a license is complete or incomplete.

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 49. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text: The annual renewal fee for a cemetery broker’s license shall five hundred sixty dollars ($560).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 50. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text: If the licensee is a cemetery brokerage corporation, the license issued to it entitles one officer only, on behalf of the corporation, to engage in the business of a cemetery broker without the payment of a further fee, that officer to be designated in the application of the corporation for a license. For each other officer of a licensed cemetery brokerage corporation, through whom it engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the corporation, shall be one hundred ninety dollars ($190).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 51. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text: If the licensee is a cemetery brokerage copartnership, the license issued to it entitles one member only of the copartnership to engage on behalf of the copartnership in the business of a cemetery broker, which member shall be designated in the application of the copartnership for a license. For each other member of the copartnership who on behalf of the copartnership engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the copartnership, shall be one hundred ninety dollars ($190).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 52. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text: The cemetery salesperson’s license fee shall be sixty dollars ($60).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 53. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text: A cemetery salesperson’s license fee is payable on each filing of an application for a cemetery salesperson’s license.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 47. (AB 180) Effective January 1, 2016.)

article: 8. Revenue


text: The annual renewal fee for a cemetery salesperson’s license shall be fifty dollars ($50).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 54. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text: The fee for a timely filing of an annual report on the endowment care fund and special care fund by a certificate of authority shall be five hundred dollars ($500). The fee for a late filing of an annual report on the endowment care fund and special care fund shall be 150 percent of the applicable timely fee.

history: (History: Added by Stats. 2022, Ch. 625, Sec. 55. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


citation: BPC § 7730

text: For a branch office broker’s license, the fee shall be one hundred ninety dollars ($190).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 56. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text: The cremated remains disposer registration fee shall be one hundred ninety dollars ($190).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 57. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text: The renewal fee for a cremated remains disposer registration shall be one hundred dollars ($100).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 58. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text: For change of name or of address of licensee on the records of the bureau, the fee shall be twenty-five dollars ($25).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 59. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text: For transfer of a salesperson’s license on change of employer, the fee shall be fifty dollars ($50).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 60. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text: For a duplicate license the fee shall be fifty dollars ($50).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 61. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text:
(a) For reinstatement of a license within the fiscal year, the fee shall be fifty dollars ($50).

(b) As used in this section, “reinstatement of a license” means the reissuance of a canceled cemetery broker’s license, or a cemetery salesperson’s license which was canceled during the year for which it was issued upon the salesperson’s withdrawal from the employ of a cemetery broker.

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 62. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text:
(a) The fee for a crematory manager examination and reexamination shall be six hundred eighty dollars ($680).

(b) The license fee to obtain a crematory manager license shall be one hundred thirty dollars ($130).

(c) The renewal fee for a crematory manager license shall be one hundred fifty dollars ($150).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 63. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text:
(a) The fee for a cemetery manager examination shall be eight hundred dollars ($800).

(b) The license fee to obtain a cemetery manager license shall be one hundred thirty dollars ($130).

(c) The renewal fee for a cemetery manager license shall be one hundred fifty dollars ($150).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 64. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text: The fee for filing a report of a change of designated manager or a request for approval to share a designated cemetery manager shall not exceed fifty dollars ($50).

history: (History: Added by Stats. 2015, Ch. 395, Sec. 58. (AB 180) Effective January 1, 2016.)

article: 8. Revenue


text: Every cemetery authority operating a cemetery shall pay an annual regulatory charge for each cemetery of seven hundred fifty dollars ($750). In addition to an annual regulatory charge for each cemetery, an additional quarterly charge eleven dollars and fifty cents ($11.50) for each burial, entombment, or inurnment made during the preceding quarter shall be paid to the bureau and these charges shall be deposited in the Cemetery and Funeral Fund. If the cemetery authority performs a burial, entombment, or inurnment, and the cremation was performed at a crematory located on the grounds of the cemetery and under common ownership with the cemetery authority, the total of all additional charges shall be not more than eleven dollars and fifty cents ($11.50).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 65. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text:
(a) The bureau shall establish the fee to obtain or renew a hydrolysis facility license, which shall not exceed the reasonable cost of license administration.

(b) Every licensee operating a hydrolysis facility pursuant to a license issued pursuant to this article shall pay an additional charge eleven dollars and fifty cents ($11.50) per hydrolysis made during the preceding quarter, which charges shall be deposited into the Cemetery and Funeral Fund.

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 66. (SB 1443) Effective January 1, 2023.)

article: 8. Revenue


text:
(a) On or before January 1, 2027, the bureau shall establish the fee to obtain or renew a reduction facility license, which shall be set by the bureau pursuant to subdivision (c).

(b) Every licensee operating a reduction facility shall pay an additional charge per reduction made during the preceding quarter, to be set by the bureau pursuant to subdivision (c).

(c) The bureau shall set the fees in subdivisions (a) and (b) in amounts that cumulatively do not exceed the reasonable costs of administering the licensing program. The fee for individual reductions shall not exceed eight dollars and fifty cents ($8.50) per reduction. All fees assessed pursuant to this section shall be deposited in the Cemetery and Funeral Fund and shall be used exclusively to administer the licensing program for reduction facilities.

history: (History: Added by Stats. 2022, Ch. 399, Sec. 27. (AB 351) Effective January 1, 2023.)

article: 8. Revenue


citation: BPC § 7731

text: Upon payment of the charges set forth, the bureau shall issue a renewal of the certificate of authority to the cemetery authority.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 61. (AB 180) Effective January 1, 2016.)

article: 8. Revenue


text: Failure to pay the charges set forth by Section 7730.10 prior to February 1 for each year shall be cause for suspension of the certificate of authority. The certificate may be restored upon payment to the bureau of the prescribed charges.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 62. (AB 180) Effective January 1, 2016.)

article: 8. Revenue


text: It is a misdemeanor for any cemetery corporation to make any interments without a valid certificate of authority. Each interment shall be a separate violation.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 63. (AB 180) Effective January 1, 2016.)

article: 8. Revenue


text:
(a) All moneys received by the bureau under the provisions of this chapter shall be accounted for and reported by detailed statements furnished by the bureau to the Controller at least once a month, and at the same time these moneys shall be remitted to the Treasurer, and, upon order of the Controller, shall be deposited in the Cemetery and Funeral Fund in the State Treasury, which fund is hereby created.

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

history: (History: Repealed (in Sec. 64) and added by Stats. 2015, Ch. 395, Sec. 65. (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)

article: 8. Revenue


text:
(a) All moneys paid into the State Treasury and credited to the Cemetery and Funeral Fund shall be expended in accordance with law for the payment of all actual and necessary expenses incurred in carrying out the provisions of this act.

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

history: (History: Repealed (in Sec. 66) and added by Stats. 2015, Ch. 395, Sec. 67. (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)

article: 8. Revenue


citation: BPC § 7735

text:
No funeral establishment licensed under the laws of the State of California, or the agents or employees of a funeral establishment, shall enter into or solicit any preneed arrangement, contract, or plan, hereinafter referred to as “contract,” requiring the payment to the licensee of money or the delivery to the licensee of securities to pay for the final disposition of human remains or for funeral services or for the furnishing of personal property or funeral merchandise, wherein the use or delivery of those services, property or merchandise is not immediately required, unless the contract requires that all money paid directly or indirectly and all securities delivered under that agreement or under any agreement collateral thereto, shall be held in trust for the purpose for which it was paid or delivered until the contract is fulfilled according to its terms; provided, however, that any payment made or securities deposited pursuant to this article shall be released upon the death of the person for whose benefit the trust was established as provided in Section 7737. The income from the trust may be used to pay for a reasonable annual fee for administering the trust, including a trustee fee to be determined by the bureau, and to establish a reserve of not to exceed 10 percent of the corpus of the trust as a revocation fee in the event of cancellation on the part of the beneficiary. The annual fee for trust administration may be recovered by withdrawals from accumulated trust income, provided that total withdrawals for this purpose shall not exceed the amount determined by the bureau. In no case shall the total amount withdrawn in a year for trust administration exceed the total amount of posted trust income for the immediate 12 preceding months. In addition to annual fees and reserves authorized by this section, a trustee may, at its election, pay taxes on the earnings on any trust pursuant to Section 17760.5 of the Revenue and Taxation Code. In no event, however, shall taxes paid on the earnings of any trust be considered part of the fees or reserves authorized by this section. All remaining income shall be accumulated in trust.

None of the corpus of the trust shall be used for payment of any commission nor shall any of the corpus of the trust be used for other expenses of trust administration, or for the payment of taxes on the earnings of the trust.

history: (History: Amended by Stats. 2000, Ch. 757, Sec. 1. Effective January 1, 2001.)

article: 9. Preneed Funeral Arrangements

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 9. Preneed Funeral Arrangements


text: The preneed funeral arrangement contract shall clearly state if benefits are unavailable or limited for any reason.

history: (History: Added by Stats. 2001, Ch. 715, Sec. 4. Effective January 1, 2002.)

article: 9. Preneed Funeral Arrangements


citation: BPC § 7736

text: For the purposes of this article the term “trustee” shall mean any banking institution or trust company legally authorized and empowered by the State of California to act as trustee in the handling of trust funds or not less than three persons one of whom may be an employee of the funeral establishment; the word “trustor” shall mean any person who pays the money or deposits the securities used for those preneed arrangements; the term “beneficiary” shall be the person for whom the funeral services are arranged; the words “corpus of the trust” shall include all moneys paid and securities delivered by the trustor pursuant to the provisions of the article.

history: (History: Amended by Stats. 2000, Ch. 757, Sec. 2. Effective January 1, 2001.)

article: 9. Preneed Funeral Arrangements


citation: BPC § 7737

text:
(a) All securities purchased by the trustor for deposit in trust and all money received from the trustor for deposit in trust shall be placed in trust with a trustee within 30 days of their receipt by the funeral establishment pursuant to a trust agreement executed by the funeral establishment, the trustor, and the trustee. The trust agreement shall provide that the trustee shall hold the money or securities in trust for the purposes for which it was deposited.

(b) The trust agreement shall provide that the trustee, upon the signature of a majority of the trustees, shall deliver the corpus of the trust and any income accrued in the trust, including interest, dividends, and capital gains, as follows:

(1) To the funeral establishment upon the filing of a certified copy of the death certificate or other satisfactory evidence of the death of the beneficiary, together with satisfactory evidence that the funeral establishment has furnished the merchandise and services. In the case of a trust agreement between any of the trustees set forth in Section 7736 and a recipient of public assistance under subdivision (a) of Section 11158 of, or paragraph (1) of subdivision (e) of Section 12152 of, the Welfare and Institutions Code, and if the value limitations of those sections are not exceeded, the trust agreement may further provide that it is irrevocable.

(2) To the trustor or legally appointed representative of the trustor at any time before the funeral establishment has furnished the merchandise and services provided for in the contract if the trustor or the legally appointed representative demands in writing the return of the corpus of the trust, together with any income accrued in the trust, less a revocation fee not to exceed the amount reserved pursuant to Section 7735, provided, however, that if and when the trustor becomes otherwise eligible, or in order to become eligible, for public social services, as provided in Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, the trustor may agree, at the trustor’s option, that the trust shall be irrevocable in order to avail themselves of the provisions of Section 11158 or 12152 of the Welfare and Institutions Code.

(3) In accordance with the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure), funds held in a preneed funeral trust or similar account or plan escheat to the state if the conditions in Section 1518.5 of the Code of Civil Procedure are satisfied.

(4) A funeral establishment shall report and pay or deliver, or cause the trustee to release for payment or delivery, to the Controller all unclaimed preneed funeral trust funds, as determined pursuant to Section 1518.5 of the Code of Civil Procedure. The amount to be paid or delivered shall be the corpus of the trust, together with any income accrued, less a revocation fee not to exceed the amount reserved pursuant to Section 7735.

(c) (1) A funeral establishment that intends to cease engaging in business operations, as authorized under this chapter, by reason of dissolution, closure, sale, or revocation may transfer its preneed funeral agreements to another funeral establishment only if that successor funeral establishment is licensed pursuant to this chapter and the transfer satisfies the requirements of paragraph (2).

(2) A funeral establishment shall not transfer its preneed funeral agreements to another funeral establishment that is located 60 or more miles away without prior written approval of the beneficiaries or trustors, or legal representatives of the beneficiaries or trustors, and the trustee.

(d) (1) All funds, including accrued income, maintained in a preneed funeral trust or similar account or plan held by a trustee for a funeral establishment that has been dissolved, sold, or closed, or had its license revoked shall be returned to the beneficiary, the trustor, or the legal representative of either the beneficiary or trustor according to either of the following:

(A) If the funeral establishment does not transfer its preneed funeral agreements to a licensed successor funeral establishment pursuant to subdivision (c), all funds, without deduction of a revocation fee, shall be returned within 30 days of the beneficiary, trustor, or their legal representative providing written notice to the trustee, pursuant to subdivision (b) of Section 7737.1, to return those funds.

(B) If the funeral establishment transfers its preneed funeral agreements to a licensed successor funeral establishment pursuant to subdivision (c), the funds shall be returned within 30 days of the beneficiary, trustor, or their legal representative canceling the agreement pursuant to subdivision (a) of Section 7737.1.

(2) If, pursuant to subparagraph (A) of paragraph (1), the funeral establishment or trustee is unable to locate the beneficiary or trustor, or the legal representative of either the beneficiary or trustor, or if the beneficiary or trustor, or their legal representative, does not provide written direction to the trustee to return the funds to them within six months of receiving the notice in subdivision (b) of Section 7737.1, the funeral establishment shall report and pay or deliver or cause the trustee to release for payment or delivery all funds together with accrued income, and these funds shall escheat to the state in accordance with the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure), except that the revocation fee pursuant to Section 7735 shall not be retained by the funeral establishment.

(3) If the preneed funeral agreement is canceled pursuant to subparagraph (B) of paragraph (1), the revocation fee pursuant to Section 7735 of the Business and Professions Code shall not be retained by the funeral establishment.

(e) The escheatment of preneed funeral trust funds to the Controller shall release the funeral establishment from the obligation of furnishing the personal property, funeral merchandise, or services originally arranged in the preneed agreement associated with the trust. However, if the funeral establishment provided personal property, or funeral merchandise or services to the beneficiary after funds have been escheated, the funeral establishment shall be entitled to recover the escheated funds upon submission to the Controller of a death certificate and a statement detailing the personal property or funeral merchandise or services provided pursuant to Section 1560 of the Code of Civil Procedure.

(f) Nothing in this section, the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure), or any other law or regulation shall require escheatment of any funds received by a funeral establishment, cemetery, or other person from property or funeral merchandise or services provided under Chapter 4 (commencing with Section 8600) of Part 3 of Division 8 of the Health and Safety Code.

(g) A trustee or a funeral establishment shall not charge the trust, a trustor, or a beneficiary any fees or costs associated with a search or verification conducted pursuant to this section. However, a trustee or funeral establishment may incorporate fees or costs associated with a search or verification as part of the administration of the trust pursuant to Section 7735.

(h) The delivery of the corpus of the trust and the income accrued to the trust to the funeral establishment, the trustor, the beneficiary, or the Controller pursuant to this article shall relieve the trustee of any further liability with regard to those funds.

(i) This section shall become operative on January 1, 2023.

history: (History: Repealed (in Sec. 1) and added by Stats. 2021, Ch. 514, Sec. 2. (AB 293) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)

article: 9. Preneed Funeral Arrangements


text:
(a) (1) For purposes of Section 7737, a funeral establishment that intends to cease engaging in business operations, as authorized under this chapter, by reason of dissolution, closure, sale, or revocation and that intends to transfer its preneed funeral agreements to a licensed successor funeral establishment, pursuant to subdivision (c) of Section 7737, shall provide written notice, as described in paragraph (2), at least 60 days prior to the cessation of operations to both of the following:

(A) The beneficiaries or trustors, or legal representatives of the beneficiaries or trustors, of the preneed funeral agreements associated with the funeral establishment ceasing business operations.

(B) The trustees holding the preneed funeral trusts associated with the preneed funeral agreements.

(2) The notice provided pursuant to paragraph (1) shall meet all of the following requirements:

(A) The notice shall be on a form created by the bureau pursuant to Section 7737.2.

(B) The notice shall inform the recipients that their preneed funeral agreements will be transferred and fulfilled by the licensed successor funeral establishment.

(C) The notice shall inform the beneficiaries or trustees, or their legal representatives, that they may cancel their agreement up to 60 days after receipt of the notice by contacting the trustee, the funeral establishment ceasing business operations, or the licensed successor funeral establishment.

(3) The funeral establishment ceasing business operations shall provide the bureau with a copy of the notice provided pursuant to this paragraph and with a list of all preneed funeral agreements transferred to the licensed successor funeral establishment prior to the cessation of business operations.

(4) (A) The funeral establishment ceasing business operations shall provide the licensed successor funeral establishment with a copy of the notice provided, and proof that the notice was provided, to the beneficiaries or trustees, or their legal representatives, prior to the cessation of business operations.

(B) The licensed successor funeral establishment shall retain a copy of the notice provided, and proof that the notice was provided, to the beneficiaries or trustors, or their legal representatives, and provide a copy of both to the bureau upon the bureau’s request.

(C) The proof required by this paragraph shall be in compliance with the regulations adopted by the bureau pursuant to Section 7737.2.

(b) (1) For purposes of Section 7737, a funeral establishment that intends to cease engaging in business operations, as authorized under this chapter, by reason of dissolution, closure, sale, or revocation without a transfer of the preneed funeral agreements to a licensed, successor funeral establishment shall give written notice, as described in paragraph (2), at least 60 days prior to the cessation of operations to all of the following:

(A) The bureau.

(B) The beneficiaries or trustors of the preneed funeral agreements associated with the original funeral establishment.

(C) The trustees holding the preneed funeral trusts associated with the preneed funeral agreements.

(2) The notice provided pursuant to paragraph (1) shall meet all of the following requirements:

(A) The notice shall be on a form created by the bureau pursuant to Section 7737.2.

(B) The notice shall inform the recipients that their preneed funeral agreements will be canceled and the funds, including the accrued income, will be escheated to the state unless the beneficiary or trustor informs the trustee in writing within six months of receiving the notice that they wish those funds to be returned to them.

(c) This section shall become operative on January 1, 2023.

history: (History: Added by Stats. 2021, Ch. 514, Sec. 3. (AB 293) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)

article: 9. Preneed Funeral Arrangements


text:
(a) The bureau shall create, and post on its internet website, the forms required by Section 7737.1 by January 1, 2023.

(b) The bureau shall adopt and post on its internet website, by January 1, 2023, regulations regarding the type of proof of notice the funeral establishment ceasing operations and the licensed successor funeral establishment are required to provide or retain for purposes of paragraph (4) of subdivision (a) of Section 7737.1.

history: (History: Added by Stats. 2021, Ch. 514, Sec. 4. (AB 293) Effective January 1, 2022.)

article: 9. Preneed Funeral Arrangements


text: All commingled preneed trust funds held by a funeral establishment shall be subject to an annual, independent certified financial audit with a copy of the audit to be submitted to the bureau for review within 120 days of the close of the fund’s fiscal year. Any findings of noncompliance with existing law regarding preneed trust funds shall be identified by the auditor in a separate report for review and action by the bureau. Audits and reports of noncompliance shall be filed simultaneously.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 144. Effective January 1, 2001.)

article: 9. Preneed Funeral Arrangements


text: A trustee may deposit the corpus of the trust in any financial institution insured by the Federal Deposit Insurance Corporation.

history: (History: Amended by Stats. 1998, Ch. 970, Sec. 91. Effective January 1, 1999.)

article: 9. Preneed Funeral Arrangements


text: A trustee may deposit the corpus of the trust in any credit union which is insured by the National Credit Union Share Insurance Fund.

history: (History: Added by Stats. 1987, Ch. 764, Sec. 1.)

article: 9. Preneed Funeral Arrangements


citation: BPC § 7738

text: A licensed funeral establishment that is also a licensed cemetery authority shall not deposit any money or securities received in connection with preneed funeral arrangements in a special endowment care fund as provided in Article 4 (commencing with Section 8775) of Chapter 5 of Part 3 of Division 8 of the Health and Safety Code, nor shall a licensed funeral establishment permit the deposit of any money or securities received in connection with a special endowment care fund into a preneed funeral trust fund. Nothing in this section shall require the liquidation or conversion of any lawful investment existing on December 31, 1981.

history: (History: Amended by Stats. 1996, Ch. 1151, Sec. 44. Effective January 1, 1997.)

article: 9. Preneed Funeral Arrangements


citation: BPC § 7739

text: Any person willfully violating the provisions of this article or any of them shall be punishable either by imprisonment in a county jail for a period not exceeding six months, or by fine not exceeding five hundred dollars ($500), or by both imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years. If the violator is a funeral establishment licensee, he or she shall also be subject to disciplinary action as provided in Article 6 (commencing with Section 7686).

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 19. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 9. Preneed Funeral Arrangements


citation: BPC § 7740

text: The bureau is authorized to enforce of its own initiative the provisions of this article and may adopt such rules and regulations as in its opinion may be necessary to perform such duties and to safeguard the trust funds subject to this chapter.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 145. Effective January 1, 2001.)

article: 9. Preneed Funeral Arrangements


text: A funeral establishment shall pay to the bureau the fee fixed by this chapter for filing with the bureau any report on preneed trust funds required by rules and regulations of the bureau adopted pursuant to Section 7740.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 146. Effective January 1, 2001.)

article: 9. Preneed Funeral Arrangements


citation: BPC § 7741

text: Nothing in this article shall apply to cemetery property; cemetery commodities; cemetery service; or merchandise that is delivered as soon as paid for.

history: (History: Added by Stats. 1965, Ch. 1414.)

article: 9. Preneed Funeral Arrangements


citation: BPC § 7742

text: Nothing in this article shall apply to any arrangement, contract, or plan for the issuance of securities now or hereafter authorized under a permit of the Commissioner of Financial Protection and Innovation of this state.

history: (History: Amended by Stats. 2022, Ch. 452, Sec. 7. (SB 1498) Effective January 1, 2023.)

article: 9. Preneed Funeral Arrangements


citation: BPC § 7745

text: Every funeral establishment shall present to the survivor of the deceased who is handling the funeral arrangements or the responsible party a copy of any preneed agreement which has been signed and paid for in full, or in part by, or on behalf of the deceased and is in the possession of the funeral establishment. The copy may be presented in person, by certified mail, or by facsimile transmission, as agreed upon by the survivor of the deceased or the responsible party. A funeral establishment that knowingly fails to present a preneed agreement to the survivor of the deceased or the responsible party shall be liable for a civil fine equal to three times the cost of the preneed agreement, or one thousand dollars ($1,000), whichever is greater.

history: (History: Amended by Stats. 1996, Ch. 1151, Sec. 47. Effective January 1, 1997.)

article: 9. Preneed Funeral Arrangements


citation: BPC § 7746

text:
(a) Notwithstanding any other provision of law, a funeral establishment that is otherwise exempt from the requirement of filing an annual preneed trust report or whose preneed trust funds are reported in a combined preneed annual preneed trust report, shall annually file a declaration of nonreporting status with the bureau.

(b) The declaration shall be filed on or before May 1 of each year and shall also be filed upon the transfer of ownership or the cessation of business.

(c) The declaration shall be filed on a form provided by the bureau and shall include, but shall not be limited to, both of the following:

(1) The basis upon which the funeral establishment is exempt from the annual trust reporting requirement.

(2) The specific kind and nature of the exempt preneed arrangements, if any, in which the funeral establishment engages.

(d) The declaration shall be verified by the funeral establishment’s owner, a partner, or in the case of a corporation, by the president or vice president.

history: (History: Added by Stats. 2002, Ch. 825, Sec. 4. Effective January 1, 2003.)

article: 9. Preneed Funeral Arrangements


citation: BPC § 7800

text: This chapter of the Business and Professions Code constitutes the chapter on geologists and geophysicists. It may be cited as the Geologist and Geophysicist Act.

history: (History: Amended by Stats. 1972, Ch. 1396.)

chapter: 12.5. Geologists and Geophysicists

article: 1. General Provisions

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12.5. Geologists and Geophysicists > 1. General Provisions


citation: BPC § 7801

text:
(a) “Board,” as used in this chapter, means the Board for Professional Engineers, Land Surveyors, and Geologists established under Section 6710. Any reference in any law or regulation to the Board for Geologists and Geophysicists or the State Board of Registration for Geologists and Geophysicists shall be deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.

(b) The board shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction previously vested in the Board for Geologists and Geophysicists.

(c) The board shall receive two personnel years that were previously allocated to the Board for Geologists and Geophysicists for the performance of the board’s responsibilities under this chapter.

history: (History: Amended by Stats. 2010, Ch. 696, Sec. 4. (AB 1431) Effective January 1, 2011.)

article: 1. General Provisions


citation: BPC § 7802

text: “Geology,” as used in this chapter, refers to that science which treats of the earth in general; investigation of the earth’s crust and the rocks and other materials which compose it; and the applied science of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases and other materials for the benefit of mankind.

history: (History: Added by Stats. 1968, Ch. 942.)

article: 1. General Provisions


text: “Geophysics,” as used in this chapter, refers to that science which involves study of the physical earth by means of measuring its natural and induced fields of force, including, but not limited to, electric, gravity, and magnetic, and its responses to natural and induced energy and the interpreting of these measurements and the relating of them to the physics of the earth.

history: (History: Amended by Stats. 1973, Ch. 873.)

article: 1. General Provisions


citation: BPC § 7803

text: “Geologist,” as used in this chapter, refers to a person engaged in the practice of geology.

article: 1. General Provisions


text: “Geophysicist,” as used in this chapter, refers to a person engaged in the practice of geophysics.

history: (History: Added by Stats. 1972, Ch. 1396.)

article: 1. General Provisions


citation: BPC § 7804

text: Only a person registered as a geologist under the provisions of this chapter shall be entitled to take and use the title “professional geologist.” Only a person registered as a geologist and certified under the provisions of this chapter shall be entitled to take and use the title of a registered certified specialty geologist.

history: (History: Amended by Stats. 2004, Ch. 865, Sec. 18. Effective January 1, 2005.)

article: 1. General Provisions


text: Only a person registered as a geophysicist under the provisions of this chapter shall be entitled to take and use the title “professional geophysicist.” Only a person registered as a geophysicist and certified under the provisions of this chapter shall be entitled to take and use the title of a registered certified specialty geophysicist.

history: (History: Amended by Stats. 2005, Ch. 657, Sec. 8. Effective January 1, 2006.)

article: 1. General Provisions


citation: BPC § 7805

text: The term “responsible charge of work” means the independent control and direction by the use of initiative, skill and independent judgment of geological or geophysical work or the supervision of such work.

article: 1. General Provisions


citation: BPC § 7806

text: A subordinate is any person who assists a professional geologist or professional geophysicist in the practice of geology or geophysics without assuming the responsible charge of work.

history: (History: Amended by Stats. 2005, Ch. 657, Sec. 9. Effective January 1, 2006.)

article: 1. General Provisions


citation: BPC § 7807

text: A qualified geologist is a person who possesses all the qualifications specified in Section 7841 for registration except that he is not registered.

article: 1. General Provisions


text: A qualified geophysicist is a person who possesses all the qualifications specified in Section 7841.1 for registration except that he is not registered.

article: 1. General Provisions


text: Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions pursuant to this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

history: (History: Amended by Stats. 2009, 4th Ex. Sess., Ch. 18, Sec. 42. (AB 20 4x) Effective October 23, 2009.)

article: 2. Administration

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12.5. Geologists and Geophysicists > 2. Administration


citation: BPC § 7818

text: The board, pursuant to the provisions contained in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may adopt, amend, or repeal rules and regulations to carry out this chapter.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 14. (SB 1171) Effective January 1, 2017.)

article: 2. Administration


citation: BPC § 7819

text: Except as otherwise provided by law, all records of the board shall be open to inspection by the public during regular office hours.

article: 2. Administration


citation: BPC § 7820

text: The board shall have and use a seal bearing the name “Board for Professional Engineers, Land Surveyors, and Geologists.”

history: (History: Amended by Stats. 2011, Ch. 432, Sec. 22. (SB 944) Effective January 1, 2012.)

article: 2. Administration


citation: BPC § 7821

text: The board shall compile and maintain, or may have compiled and maintained on its behalf, a register of all licensees that contains the licensee’s name, address of record, type of branch license, license number, the date the license was issued, and the date the license will expire.

history: (History: Amended by Stats. 2011, Ch. 432, Sec. 23. (SB 944) Effective January 1, 2012.)

article: 2. Administration


citation: BPC § 7822

text: The board may, by regulation, provide for the division of the certification of registration into different specialties, including, but not limited to, petroleum, mining, and ground water, and may issue certificates in one or more of the specialties in which the applicant demonstrated proficiency. The board shall provide such a certificate for those qualified in engineering geology.

article: 2. Administration


citation: BPC § 7825

text: The board shall establish relations with bodies which regulate the practice of geology and geophysics, or closely related geologic and geophysical disciplines, or which register geologists and geophysicists in the other states, and may establish relations with such bodies in other countries, for the purposes of working toward (1) uniformly high professional standards and (2) mutual recognition of registration.

article: 2. Administration