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Business and Professions Code - BPC - BPC § 7611.2
Business and Professions Code - BPC - BPC § 7611.2
A “cemetery broker” is a person who, other than in reference to an occasional sale, sells or offers for sale, buys, or offers to buy, lists, leases or offers to lease, or solicits, or negotiates the purchase or sale, lease, or exchange of cemetery property or interment services,
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Business and Professions Code - BPC - BPC § 7611.3
Business and Professions Code - BPC - BPC § 7611.3
A “cemetery salesperson” is a natural person who, other than in reference to an occasional sale, is employed by a cemetery broker to sell, or offer for sale, list or offer to list, or to buy, or to offer to buy, or to lease, or offer to lease, or to solicit, or to negotiate the p
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Business and Professions Code - BPC - BPC § 7611.4
Business and Professions Code - BPC - BPC § 7611.4
(a) A “cemetery manager” is a person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental to, the maintaining, operating, or improving a cemetery licensed under this chapter, the interring of human remains, and the
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Business and Professions Code - BPC - BPC § 7611.5
Business and Professions Code - BPC - BPC § 7611.5
A “crematory manager” is a person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental to, the maintaining or operating of a crematory licensed under this chapter, and the cremation of human remains.
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Business and Professions Code - BPC - BPC § 7611.6
Business and Professions Code - BPC - BPC § 7611.6
The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Health and Safety Code are applicable to this act.
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Business and Professions Code - BPC - BPC § 7611.7
Business and Professions Code - BPC - BPC § 7611.7
“Cemetery licensee” means any cemetery broker, cemetery salesperson, or cemetery manager.
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Business and Professions Code - BPC - BPC § 7611.8
Business and Professions Code - BPC - BPC § 7611.8
“Crematory licensee” shall mean a corporation, partnership, or natural person licensed pursuant to Article 6.5 (commencing with Section 7712) and shall mean a cemetery licensee for purposes of disciplinary action under Article 6 (commencing with Section 7686).
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Business and Professions Code - BPC - BPC § 7611.9
Business and Professions Code - BPC - BPC § 7611.9
(a) A “cremated remains disposer” is a person who, for their own account or for another, disposes of, or offers to dispose of, cremated human remains or hydrolyzed human remains by scattering over or on land or sea. (b) This section shall remain in effect only until January 1, 20
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Business and Professions Code - BPC - BPC § 7612
Business and Professions Code - BPC - BPC § 7612
An “occasional sale” is a sale of cemetery property not acquired or held for purposes of resale or speculation, provided such sale is not one of a series of sales sufficient in number, scope, and character to constitute engaging in the business of selling or reselling or holding
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Business and Professions Code - BPC - BPC § 7612.1
Business and Professions Code - BPC - BPC § 7612.1
“Public cemetery” means a cemetery owned and operated by a city, county, city and county, or public cemetery district.
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Business and Professions Code - BPC - BPC § 7612.10
Business and Professions Code - BPC - BPC § 7612.10
(a) Any cemetery authority that does not file its report within the time prescribed by Section 7612.6 may be assessed a fine by the bureau in an amount not to exceed four hundred dollars ($400) per month for a maximum of five months. The amount of the fine shall be established by
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Business and Professions Code - BPC - BPC § 7612.11
Business and Professions Code - BPC - BPC § 7612.11
(a) The bureau shall conduct a study to obtain information to determine if the endowment care fund levels of each licensee’s cemetery are sufficient to cover the cost of future maintenance. The bureau shall also review the levels of endowment care funds that have previously been
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Business and Professions Code - BPC - BPC § 7612.12
Business and Professions Code - BPC - BPC § 7612.12
(a) On or before March 1, 2026, the bureau shall convene a workgroup composed of interested stakeholders including, but not limited to, representatives from the cemetery industry, the California Association of Local Agency Formation Commissions, the League of California Cities, t
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Business and Professions Code - BPC - BPC § 7612.2
Business and Professions Code - BPC - BPC § 7612.2
This article does not apply to any of the following: (a) A religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled, and operated by a
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Business and Professions Code - BPC - BPC § 7612.3
Business and Professions Code - BPC - BPC § 7612.3
The bureau shall disclose on its Internet Web site, information about each cemetery subject to the jurisdiction of the bureau. In addition to the information required by Section 27, the bureau shall disclose the name of the owner of each cemetery, the name of the cemetery, the bu
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Business and Professions Code - BPC - BPC § 7612.4
Business and Professions Code - BPC - BPC § 7612.4
(a) Notwithstanding Section 8115 of the Health and Safety Code, in order to protect consumers, the bureau shall adopt regulations that establish minimum standards of maintenance for endowment care cemeteries under the jurisdiction of the bureau. The regulations shall consider dif
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Business and Professions Code - BPC - BPC § 7612.5
Business and Professions Code - BPC - BPC § 7612.5
(a) (1) Any person who holds or has held, or was named on, any license or registration under the jurisdiction of the bureau that has been, within the immediately preceding 10 years, revoked, suspended, placed on probation, or surrendered under a stipulated decision, and who is em
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Business and Professions Code - BPC - BPC § 7612.6
Business and Professions Code - BPC - BPC § 7612.6
(a) Each cemetery authority shall file with the bureau annually, on or before June 1, or within five months after close of their fiscal year provided approval has been granted by the bureau as provided for in Section 7612.7, a written report in a form prescribed by the bureau set
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Business and Professions Code - BPC - BPC § 7612.7
Business and Professions Code - BPC - BPC § 7612.7
Each cemetery authority requesting a change of filing date of the endowment care fund report from a calendar year to a fiscal year or a change in fiscal year shall file a petition with the bureau prior to the close of the year of request. The bureau may approve such petition prov
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Business and Professions Code - BPC - BPC § 7612.8
Business and Professions Code - BPC - BPC § 7612.8
The report shall state the name of the trustee or trustees of the endowment care fund. Any change of trustee shall be reported to the bureau within a period of 30 days after the change is made.
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Business and Professions Code - BPC - BPC § 7612.9
Business and Professions Code - BPC - BPC § 7612.9
A copy of each annual audit report shall be transmitted to the bureau and shall be a public record. It shall also be open for public inspection at the offices of the cemetery authority during normal business hours. If the cemetery authority does not maintain offices in the county
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Business and Professions Code - BPC - BPC § 7613
Business and Professions Code - BPC - BPC § 7613
The bureau shall examine the reports filed with it as to their compliance with the requirements of the Health and Safety Code as to the amount of endowment care funds collected and as to the manner of investment of those funds.
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Business and Professions Code - BPC - BPC § 7613.1
Business and Professions Code - BPC - BPC § 7613.1
The bureau shall examine the endowment care funds of a cemetery authority: (a) Whenever it deems necessary and at least once every five years. (b) Whenever the cemetery authority in charge of endowment care funds fails to file the report required by this article. (c) Whenever the
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Business and Professions Code - BPC - BPC § 7613.10
Business and Professions Code - BPC - BPC § 7613.10
When it has been alleged by verified petition pursuant to Section 7613.1 or when the bureau on its own investigation determines that there is probable cause to believe that any of the conditions set forth in Section 7613.9 exist or that irreparable loss and injury to the endowmen
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Business and Professions Code - BPC - BPC § 7613.11
Business and Professions Code - BPC - BPC § 7613.11
(a) Notwithstanding Sections 7613.9 and 7613.10, 90 days following the cancellation, surrender, or revocation of a certificate of authority, the bureau shall take title of any endowment care funds of the cemetery authority, take possession of all necessary books, records, propert