R9-9B-401. Application for a Crematory License or Interim Crematory Permit

A. A person may not advertise or operate for compensation a crematory in this state unless the person is licensed by the Department, specific to the method of cremation to be provided, or has an interim permit issued according to this Article. B. An applicant for a crematory license shall submit to the Department an application that contains: 1. The following, in a Department-provided format: a. The applicant’s name, mailing address, email address, and telephone number; b. The name or proposed name of the crematory, including the: i. Physical address; ii. Mailing address, if different from the physical address; iii. Telephone number; iv. Email address; v. Tax ID number; and vi. If applicable, the applicant’s Arizona Corporation Commission entity file number; c. Whether the applicant is a business organization and, if so: i. The type of business organization; ii. The name and address of the Arizona statutory agent, or agent appointed to receive process; iii. The name, title, telephone number, email address, and address of the individual the Department may contact about the application or operation of the crematory; and iv. The name and address of each person owning 10 percent or more of the business organization; d. Whether the applicant is requesting the issuance of an interim permit and, if so: i. The name of the previous licensee of the crematory; ii. The license number previously issued for the crematory; iii. The name of the crematory listed on the license in subsection (B)(1)(d)(ii), if different from the name in subsection (B)(1)(b); and iv. The date of the change of ownership of the crematory; e. Whether the applicant or any individual listed according to subsection (B)(1)(c)(iv) has, in any jurisdiction: i. Had a crematory or funeral establishment license or certificate denied, suspended, or revoked, or had disciplinary action taken against the crematory or funeral establishment license or certificate; or ii. Voluntarily surrendered a crematory or funeral establishment license or certificate in lieu of disciplinary action; f. Whether the applicant or any individual listed according to subsection (B)(1)(c)(iv) has ever been convicted of or entered into a plea of no contest to a felony or a misdemeanor in this or another state and, if so: i. The date of the conviction, ii. The state or jurisdiction of the conviction, iii. An explanation of the crime of which the applicant was convicted or entered into a plea of no contest to, and iv. The disposition of the case; g. The name and license number of the responsible cremationist; h. Whether the crematory plans to provide cremation through: i. Combustion, ii. Alkaline hydrolysis, or iii. Natural organic reduction; i. Whether the crematory is ready for a licensing inspection by the Department; j. If the crematory is not ready for a licensing inspection, as specified in subsection (B)(1)(i), the date the facility will be ready for a licensing inspection; k. Whether the crematory complies with local zoning ordinances, building codes, and fire codes; l. Whether the applicant agrees to allow the Department to submit supplemental requests for information under R9-9B-102(C)(3); m. An attestation that the information and documentation submitted as part of the application for a crematory license are true and accurate; and n. The applicant’s signature and date of signing; 2. A floor plan, which is drawn to approximate scale and may be neatly hand-drawn, of each building where the crematory will be located, showing the function of each room; 3. A copy of the business organization’s articles of incorporation, articles of organization, or partnership documents, if applicable, and percentage ownership of each listed individual; 4. Documentation for the applicant that complies with A.R.S. § 41-1080; 5. For each individual signing according to subsection (B)(1)(n), the individual’s fingerprints on a fingerprint card for the Department’s criminal history check authorized in A.R.S. §§ 32-1344(B) and 32-1395(B) that includes: a. The individual’s first name; middle initial, if applicable; and last name; b. The individual’s signature; c. If different from the individual, the signature of the individual physically rolling the individual’s fingerprints; d. The individual’s address; e. If applicable, the individual’s surname before marriage and any names previously used by the individual; f. The individual’s date of birth; g. The individual’s Social Security number; h. The individual’s citizenship status; i. The individual’s gender; j. The individual’s race; k. The individual’s height; l. The individual’s weight; m. The individual’s hair color; n. The individual’s eye color; o. The individual’s place of birth; and p. The date the individual’s fingerprints were rolled; 6. An attestation, in a Department-provided format, by the responsible cremationist including: a. The name and license number of the responsible cremationist; b. The name and physical address of the crematory; c. The start date as responsible cremationist; d. Whether the contact email address for the crematory is changing and, if so, the new contact email address for the crematory; e. A statement that the responsible cremationist: i. Is licensed under Article 2 of this Subchapter; ii. Is familiar with the requirements in A.R.S. Title 32, Chapter 12, and the rules in this Subchapter; iii. Accepts responsibility for the operation of and services provided by the crematory; and iv. Will ensure that the crematory will be equipped and operated according to the requirements in A.R.S. Title 32, Chapter 12, and the rules in this Subchapter; and f. The responsible cremationist’s signature and date of signing; 7. If requesting an interim permit, documentation confirming the date of the change of ownership of the crematory, including the signatures and dates of signing for both parties to the change of ownership; 8. If the crematory is on the premises of a cemetery, a copy of a crematory authority certificate issued by the Arizona Department of Real Estate to the cemetery; 9. If applicable, documentation that shows that the applicant is in good standing with the Arizona Corporation Commission; 10. If applicable, documentation of compliance with R9-9B- 408(A)(1), as required by A.R.S. § 32-1342(A)(1); and 11. The applicable fees in R9-9B-103(A) and (D)(1). C. A separate application shall be submitted by an applicant for each method of cremation to be provided. D. Upon receipt of the application in subsection (B), the Department shall conduct an inspection of the crematory. E. The Department shall issue or deny a license or an interim permit, as applicable, to an applicant as specified in R9-9B-102. F. At least seven calendar days before the expiration of an interim permit, a crematory with an interim permit may request an extension of the interim permit, according to A.R.S. § 32-1346(E) or 32-1397, as applicable, by submitting to the Department an application that contains: 1. The crematory’s name, mailing address, email address, and telephone number; 2. The number associated with the interim permit; 3. A justification for why the extension of the interim permit is needed; 4. The applicant’s signature and date of signing; and 5. If the crematory is providing cremation through alkaline hydrolysis, the fee in R9-9B-103(A)(10). G. Upon receipt of an application for an extension of an interim permit according to subsection (F), the Department shall issue or deny an extension of an interim permit to a crematory as specified in R9-9B-102.