TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1249 CEMETERY OVERSIGHT ACT
SECTION 1249.60 CEMETERY RECORDS AND THE CEMETERY OVERSIGHT DATABASE


 

Section 1249.60  Cemetery Records and the Cemetery Oversight Database

 

a)         Each cemetery authority not fully exempt under the Act shall answer all questions when prompted by the Database, including information regarding:

 

1)         The section, mausoleum or columbarium;

 

2)         The block, wall or room;

 

3)         The lot or row;

 

4)         The plot, grave, crypt or niche;

 

5)         The term of burial in years, if any;

 

6)         The level or depth in the grave, crypt or niche, if applicable; and

 

7)         The date of interment, inurnment or entombment, as the case may be.

 

b)         A cemetery authority may only renumber or rename sections, blocks, lots, mausoleums, columbariums or any other sub-category of these areas in its internal recordkeeping system as long as the renumbering:

 

1)         Preserves any existing rights to interment, inurnment or entombment; and

 

2)         Does not affect the ability of the cemetery authority, Division or member of the public to locate remains or to find the location of interment, inurnment or entombment rights.

 

c)         When real-time access to the Database through an Internet connection becomes unavailable due to technical problems with the Database incurred by the database provider, the cemetery manager shall cause a record of the interment, entombment or inurnment to be entered into the Database via telephone by contacting the Database provider.  Inability to access the database does not relieve the cemetery authority of the duty to report through other means as provided for by the Database provider or the Division.

 

d)         When a cemetery manager claims obtaining use of an Internet connection would be an undue hardship, the cemetery manager shall provide a written statement to the Secretary describing the reason for the hardship and requesting the use of an alternative mechanism to report interments, entombments or inurnments.  The cemetery manager's written request shall be reviewed by the Secretary and the Secretary may approve or deny the request for an alternative mechanism.  If any entries by the cemetery manager are required by the Act before the cemetery manager receives notice of the Secretary's decision regarding the request, the cemetery manager may cause the required record of the interment, entombment or inurnment to be entered into the Database via telephone by contacting the Database provider.  

 

e)         Every required entry into the Database made before July 1, 2012 shall be accompanied by a fee paid to the Database provider as established by a written agreement between the Department and the Database provider.  All required entries into the Database made on or after July 1, 2012 shall be at no cost to the cemetery authority, and all fees due the Database provider thereafter shall be paid by the Division.