§ 90-210.123. Licensing and inspection. - North Carolina Statutes

§ 90‑210.123.  Licensingand inspection.

(a)        Any person doingbusiness in this State, or any cemetery, funeral establishment, corporation,partnership, joint venture, voluntary organization, or any other entity mayerect, maintain, and operate a crematory in this State and may provide thenecessary employees, facilities, structure, and equipment for the cremation ofhuman remains, provided that the person or entity has secured a license as acrematory licensee in accordance with this Article.

(b)        A crematory may beconstructed on or adjacent to any cemetery, on or adjacent to any funeralestablishment that is zoned commercial or industrial, or at any other locationconsistent with local zoning and environmental regulations.

(c)        Application for alicense as a crematory licensee shall be made on forms furnished and prescribedby the Board. The Board shall inspect the premises, facilities, structure, andequipment to be used as a crematory, confirm that the crematory manager's andcrematory technician's educational certificate is valid, and issue a renewablelicense to the crematory licensee if the applicant meets all the requirementsand standards of the Board and the requirements of this Article.

(d)        Every applicationfor licensure shall identify the crematory manager and all crematorytechnicians employed by the crematory licensee providing that nothing in thisArticle shall prohibit the designation and identification by the crematorylicensee of one individual to serve as a crematory manager and crematory technician.Each crematory licensed in North Carolina shall employ on a full‑timebasis at least one crematory technician. Every application for licensure andrenewal thereof shall include all crematory technicians' educationalcertificates. The crematory licensee shall keep the Board informed at all timesof the names and addresses of the crematory manager and all crematorytechnicians. In the event a licensee is in the process of replacing its onlycrematory technician at the time of license renewal, the licensee may continueto operate the crematory for a reasonable time period not to exceed 180 days.

(e)        All licenses andpermits shall expire on the last day of December of each year. A license orpermit may be renewed without paying a late fee on or before the first day ofFebruary immediately following expiration. After that date, a license or permitmay be renewed by paying a late fee as provided in G.S. 90‑210.132 inaddition to the annual renewal fee. Licenses and permits that remain expiredsix months or more require a new application for renewal. Licenses and permitsare not transferable. A new application for a license or permit shall be madeto the Board within 30 days following a change of ownership of more than fiftypercent (50%) of the business.

(f)         No person,cemetery, funeral establishment, corporation, partnership, joint venture,voluntary organization, or any other entity shall cremate any human remains,except in a crematory licensed for this express purpose and operated by acrematory licensee subject to the restrictions and limitations of this Articleor unless otherwise permitted by statute.

(g)        Whenever the Boardfinds that an owner, partner, crematory manager, member, officer, or anycrematory technician of a crematory licensee or any applicant to become acrematory licensee, or that any authorized employee, agent, or representativehas violated any provision of this Article, or is guilty of any of thefollowing acts, and when the Board also finds that the crematory operator orapplicant has thereby become unfit to practice, the Board may suspend, revoke,or refuse to issue or renew the license, in accordance with Chapter 150B of theGeneral Statutes:

(1)        Conviction of afelony or a crime involving fraud or moral turpitude.

(1a)      Denial, suspension,or revocation of an occupational or business license by another jurisdiction.

(2)        Fraud ormisrepresentation in obtaining or renewing a license or in the practice ofcremation.

(3)        False or misleadingadvertising.

(4)        Solicitation of deadhuman bodies by the licensee, his agents, assistants, or employees; but thissubdivision shall not be construed to prohibit general advertising by thelicensee.

(5)        Employment directlyor indirectly of any agent, assistant, or other person on a part‑time orfull‑time basis or on commission for the purpose of calling uponindividuals or institutions by whose influence dead human bodies may be turnedover to a particular licensee.

(6)        The direct orindirect payment or offer of payment of a commission by the licensee or thelicensee's agent, assistant, or employees for the purpose of securing business.

(7)        Gross immorality,including being under the influence of alcohol or drugs while performingcremation services.

(8)        Aiding or abettingan unlicensed person to perform services under this Article, including the useof a picture or name in connection with advertisements or other writtenmaterial published or caused to be published by the licensee.

(9)        Failing to treat adead human body with respect at all times.

(10)      Violating orcooperating with others to violate any of the provisions of this Article or ofthe rules of the Board.

(11)      Violation of anyState law or municipal or county ordinance or regulation affecting thehandling, custody, care, or transportation of dead human bodies.

(12)      Refusing to surrenderpromptly the custody of a dead human body or cremated remains upon the expressorder of the person lawfully entitled to the custody thereof, except asprovided in G.S. 90‑210.131(e).

(13)      Indecent exposure orexhibition of a dead human body while in the custody or control of a licensee.

(14)      Practicing funeraldirecting, embalming, or funeral service without a license.

In any case in which the Boardis authorized to take any of the actions permitted under this subsection, theBoard may instead accept an offer in compromise of the charges whereby theaccused shall pay to the Board a penalty of not more than five thousand dollars($5,000).

(h)        Where the Boardfinds a licensee is guilty of one or more of the acts or omissions listed insubsection (g) of this section but it is determined by the Board that thelicensee has not thereby become unfit to practice, the Board may place thelicensee on a term of probation in accordance with the procedures set out inChapter 150B of the General Statutes. In any case in which the Board isentitled to place a licensee on a term of probation, the Board may also imposea penalty of not more than five thousand dollars ($5,000) in conjunction withthe probation.

(i)         The Board may holdhearings in accordance with the provisions of this Article and Chapter 150B ofthe General Statutes. The Board shall conduct any such hearing. The Board shallconstitute an "agency" under Article 3A of Chapter 150B of theGeneral Statutes with respect to proceedings initiated pursuant to thisArticle. The Board is empowered to regulate and inspect crematories andcrematory licensees and to enforce as provided by law the provisions of thisArticle and the rules adopted hereunder. Any crematory that, upon inspection,is found not to meet any of the requirements of this Article shall pay areinspection fee to the Board for each additional inspection that is made toascertain whether the deficiency or other violation has been corrected. TheBoard may obtain preliminary and final injunctions whenever a violation of thisArticle has occurred or threatens to occur.

In addition to the powersenumerated in Chapter 150B of the General Statutes, the Board shall have thepower to administer oaths and issue subpoenas requiring the attendance ofpersons and the production of papers and records before the Board in anyhearing, investigation, or proceeding conducted by it. Members of the Board'sstaff or the sheriff or other appropriate official of any county of this Stateshall serve all notices, subpoenas, and other papers given to them by thePresident of the Board for service in the same manner as process issued by anycourt of record. Any person who neglects or refuses to obey a subpoena issuedby the Board shall be guilty of a Class 1 misdemeanor. (1989 (Reg. Sess., 1990), c.988, s. 1; 1993, c. 539, s. 639; 1997‑399, s. 17; 2003‑420, s. 2;2007‑531, ss. 20, 21.)