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Subtitle 1 - Definitions; General Provisions
Section 5-101 - Definitions - (a) In this title the following words have the meanings...
Section 5-102 - Exemptions From Title - (a) The registration and permitting provisions of this title do...
Subtitle 2 - Office of Cemetery Oversight
Section 5-201 - Office of Cemetery Oversight; Advisory Council on Cemetery Operations - (a) There is an Office of Cemetery Oversight in the...
Section 5-202 - Director of Office of Cemetery Oversight - (a) (1) The Secretary shall appoint a Director of the...
Section 5-203 - Director's Staff - The Director may employ a staff in accordance with the...
Section 5-204 - Powers and Duties of Director - (a) (1) With the advice of the Advisory Council and...
Section 5-204.1 - Response to Issues and Development of Plan for Ongoing Issues - The Advisory Council shall respond to issues raised by the...
Section 5-205 - Cemetery Oversight Fund - (a) There is a Cemetery Oversight Fund. (b) (1) (i)...
Section 5-206 - Liability - A person shall have the immunity from liability described under...
Subtitle 3 - Registration
Section 5-301 - Registration - An individual shall register with the Office before: (1) engaging...
Section 5-302 - Registration Requirements - (a) In order to register, an applicant shall meet the...
Section 5-303 - Registration Procedure - (a) An applicant shall register by: (1) submitting to the...
Section 5-304 - Financial Stability - (a) Each applicant designated as the responsible party shall demonstrate...
Section 5-305 - Issuance of Registration - (a) The Director shall issue a registration to an applicant...
Section 5-306 - Authority of Registrants - (a) While a registration is in effect, it authorizes the...
Section 5-307 - Registration or Permit Renewal - (a) Unless a registration or permit is renewed as provided...
Section 5-308 - Changes in Application - Within 1 week after the effective date of the change,...
Section 5-309 - Display of Registration - Each registrant and permit holder shall display the registration or...
Section 5-310 - Denial, Suspension, and Revocation - (a) Subject to the hearing provisions of § 5–312 of...
Section 5-311 - Proceedings on Complaints - (a) Subject to the provisions of this section, the Director...
Section 5-312 - Hearing - (a) (1) Except as otherwise provided in § 10-226 of...
Subtitle 4 - Permits and Statement Filings
Section 5-401 - Cemetery Operation - (a) Subject to the provisions of this section, a registered...
Section 5-402 - Corporations and Partnerships; Permit - A corporation, limited liability company, or partnership shall obtain a...
Section 5-403 - Permit Qualification - To qualify for a permit, a corporation, limited liability company,...
Section 5-404 - Form and Fee - An applicant for a permit shall submit to the Director:...
Section 5-405 - Statement Required - Except for a cemetery in which no burials have taken...
Subtitle 5 - Cemetery Property
Section 5-501 - Limit on Land Held - (a) Except as otherwise provided in this section, a person...
Section 5-502 - Public Thoroughfares in Cemeteries - (a) An alley, canal, road, or other public thoroughfare may...
Section 5-503 - Burial Lots and Crypts - (a) Each burial lot and each crypt sold or conveyed...
Section 5-504 - Certificate of Ownership of Lot or Crypt - A certificate, under seal of a sole proprietor registered cemeterian,...
Section 5-505 - Action for Sale of Burial Ground for Another Purpose - (a) An action may be brought in accordance with the...
Section 5-506 - Action for Sale of Burial Ground in Baltimore City for Another Purpose - (a) An action may be brought in accordance with the...
Subtitle 6 - Perpetual Care
Section 5-601 - "Perpetual Care" Defined - In this subtitle, “perpetual care”: (1) means the maintenance, including...
Section 5-602 - Scope of Subtitle - (a) This subtitle does not apply to a cemetery that:...
Section 5-603 - Trust Fund Required; Composition; Use - (a) In this section, “developed land area” means land in...
Section 5-604 - Trustees - (a) A trustee appointed under this subtitle must be: (1)...
Section 5-605 - Trust Agreement - (a) The terms of a trust to provide for perpetual...
Section 5-606 - Records and Reports; Regulations - (a) (1) Each sole proprietor registered cemeterian, permit holder, or...
Section 5-607 - Enforcement - (a) If the Director finds that a registered cemeterian, permit...
Section 5-608 - Prohibited Act - A registered cemeterian, permit holder, or any other person subject...
Section 5-609 - Operation of Cemetery in Violation of Subtitle Prohibited - Except as provided in § 5–602 of this subtitle, a...
Section 5-610 - Prohibited Acts and Penalties - (a) Except as otherwise provided in subsection (c) of this...
Subtitle 7 - Preneed Burial Contracts
Section 5-701 - Definitions - (a) In this subtitle the following words have the meanings...
Section 5-702 - Scope of Subtitle - (a) This subtitle does not apply to: (1) the sale...
Section 5-703 - Applicability to Certain Contracts - This subtitle applies only to preneed burial contracts made on...
Section 5-704 - Preneed Burial Contracts - (a) A preneed burial contract shall contain: (1) the name...
Section 5-705 - Trust Requirements - (a) (1) Except as provided in subsection (b) of this...
Section 5-706 - Establishment of Trust Accounts - (a) Each trust account shall be: (1) titled “preneed trust...
Section 5-707 - Administration of Trust Accounts - (a) In this section, “seller’s account” means: (1) the total...
Section 5-708 - Disbursement of Money - (a) The trustee may not disburse specific funds until preneed...
Section 5-709 - Disbursement of Money -- on Termination of Contract - (a) (1) A buyer may cancel a preneed burial contract...
Section 5-710 - Duties of Sellers; Regulations - (a) (1) Each seller shall keep detailed records of all...
Section 5-711 - Enforcement - (a) If the Director finds that a seller has violated...
Section 5-712 - Prohibited Acts; Penalties - (a) A seller may not fail to deposit, as required...
Subtitle 8 - Miscellaneous Provisions
Section 5-801 - Disclosures Required - (a) At the time of entering into a contract with...
Section 5-802 - Burial or Funeral Procession in Druid Hill Park - (a) Within 1,000 yards of Druid Hill Park: (1) a...
Section 5-803 - Disposition of Unclaimed Cremains - (a) (1) In this section the following words have the...
Subtitle 9 - Prohibited Acts
Section 5-901 - Registration Requirement - (a) Except as otherwise provided in this title, an individual...
Section 5-902 - Corporations and Partnerships - Except for a registered cemeterian, registered crematory operator, or registered...
Section 5-903 - Unauthorized Representations - Unless a person is authorized as a registrant, a person...
Section 5-904 - Penalties - A person who violates this subtitle is guilty of a...
Section 5-905 - Violation; Enforcement; Penalties - (a) If the Director finds that a person has violated...
Subtitle 10 - Termination of Title
Section 5-1001 - Short Title - This title may be cited as the “Maryland Cemetery Act”.
Section 5-1002 - Termination of Title - Subject to the evaluation and reestablishment provisions of the Maryland...