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2021 Summary of Regulations

California Code of Regulations Section 1252 (Amended)

Section 1252 was amended to revise the substantial relationship criteria and apply those criteria to consideration of all applicants for, or holders of, a license as defined in Business and Professions Code (BPC) section 23.7.

California Code of Regulations Section 1252.1 (Adopted)

Section 1252.1 was adopted to set forth criteria to aid the Bureau in determining if felony financial crimes are directly and adversely related to fiduciary qualifications, functions, and duties of a funeral director for the purpose of considering denials of the applicant.
 
California Code of Regulations Section 1253 (Amended)

Section 1253 was amended to set forth revised criteria for evaluating rehabilitation of all applicants for licensure, as defined in BPC section 23.7 when determining whether to deny licensure.

California Code of Regulations Section 1253.5 (Amended)

Section 1253.5 was amended to set forth revised criteria for evaluating rehabilitation of all licensees, as defined in BPC section 23.7 when determining whether to suspend, revoke, or reinstate a license based on a criminal conviction.

California Code of Regulations Section 2310 (Amended)

Section 2310 was amended to provide that the annual regulatory charge for a hydrolysis facility is $900, and a quarterly charge of $8.50 for each hydrolysis made during the preceding quarter. It also requires each licensed hydrolysis facility to submit annual chamber maintenance records for the preceding year, along with the Department of Public Health evaluation (if applicable) for each annual renewal of its license. The section also provides a provision stating that the license of any cemetery authority, crematory or hydrolysis facility shall not be renewed if the licensee fails to pay the quarterly regulatory charge prescribed under this section. Non-substantive amendments for consistency throughout the regulation.

California Code of Regulations Section 2311 (Amended)

Section 2311 was amended to establish an initial filing fee of $900 for an original application for a hydrolysis facility. Other non-substantive amendments for consistency throughout the regulation.

California Code of Regulations Section 2326 (Amended)

Section 2326 was amended to refer to the most recent version of the Bureau form 16-CA (rev. 1/21), Certification Affidavit.

California Code of Regulations Section 2326.05 (Adopted)

Section 2326.05 was adopted to set forth the required contents of and documents required to be submitted with an “Application for Hydrolysis Facility License,” and incorporating the form by reference.

California Code of Regulations Section 2326.1 (Amended)

Section 2326.1 was amended to provide that each licensed hydrolysis facility must be operated under the supervision of a crematory manager designated by the applicant and certified by the Bureau. The Bureau will require a written statement from the hydrolysis chamber manufacturer demonstrating that the crematory manager has received the proper training for the operation of the hydrolysis chamber and the proposed activities of the licensed hydrolysis facility. The applicant will be able to designate an additional crematory manager who has been qualified and certified by the Bureau to succeed the crematory manager in the event the crematory manager is unable to perform duties as required.

California Code of Regulations Section 2326.3 (Amended)

Section 2326.3 was amended to refer to the most recent version of the Bureau form 16-CA (rev. 1/21), Certification Affidavit.

California Code of Regulations Section 2329.1 (Adopted)

Section 2329.1 was adopted to provide that an application for a hydrolysis facility license will be deemed abandoned and all fees previously paid will be deemed forfeited if the applicant refuses or fails to comply with the provisions of sections 2326.05 (requiring an application) and 2326.1(c) (requiring the designation and certification of a crematory manager) within one year of written notification by the Bureau. In addition, this section provides that when the application is deemed abandoned, the applicant must re-submit a new application, fees, and documents.

California Code of Regulations Section 2330 (Amended)

Section 2330 was amended to revise the substantial relationship criteria and apply those criteria to consideration of all applicants for or holders of a license, as defined in BPC section 23.7, under the Cemetery Regulations.

California Code of Regulations Section 2330.1 (Adopted)

Section 2330.1 was adopted to set forth criteria to aid the Bureau in determining if felony financial crimes are directly and adversely related to the fiduciary qualifications, functions, and duties of a cemetery manager for the purpose of considering denials of applications for a cemetery manager license.

California Code of Regulations Section 2331 (Amended)

Section 2331 was amended. It was divided into two sections: Section 2331 and 2331.1. Section 2331 sets forth revised criteria for evaluating rehabilitation of all applicants for a license, as defined in BPC section 23.7, under the Cemetery Regulations when deciding whether to deny a license.

California Code of Regulations Section 2331.1 (Adopted)

Section 2331.1 was adopted to set forth revised criteria for evaluating rehabilitation of all holders of a license, as defined in BPC section 23.7, under the Cemetery Regulations when deciding whether to suspend or revoke a license based on a criminal conviction or reinstate a license.

California Code of Regulations Section 2339 (Amended)

Section 2339 was amended to provides that charges for hydrolysis must be provided in such agreements and provides that agreements for hydrolysis or hydrolysis services must provide the manner in which funds paid on account of such arrangements are to be handled in sufficient detail. It also replaces outdated statutory citations in the regulation.

California Code of Regulations Section 2370 (Amended)

Section 2370 was amended to add that trusts established for burial purposes include hydrolysis services in addition to cremations.