R9-9B-402. Changes Affecting a License

A. The Department considers a change of ownership of a crematory to have occurred when there is a change in the: 1. Type or structure of a controlling entity’s business organization, such as: a. In the case of ownership by a sole proprietor, 10 percent or more interest or a beneficial interest is sold or transferred; or b. In the case of ownership by a partnership or a private corporation, 10 percent or more of the stock, interest, or beneficial interest is sold or transferred; or 2. The management and control of the crematory significantly changes, such that there is a change in who pays the operating expenses or who receives the operating revenue. B. As required by A.R.S. § 32-1397(B) and, if applicable, A.R.S. § 32-1346(B), a licensee shall: 1. Notify the Department in writing within 30 calendar days after the effective date of a change of ownership of a crematory, including the following information, in a Department-provided format: a. The name and license number of the crematory; b. The name, mailing address, email address, and telephone number of the licensee; c. The name, email address, and telephone number of an individual who may be contacted by the Department about the change of ownership; d. The date of the change of ownership; e. The name of the new owner of the crematory; f. An attestation that the records required in R9-9B- 403(I) have been provided to the responsible cremationist for the new owner; and g. The licensee’s signature and date of signing; and 2. Surrender the crematory license to the Department. C. At least 30 calendar days before a change in the legal name of a crematory that does not affect the structure or ownership of the business organization, a licensee shall submit to the Department an application, including: 1. The following information in a Department-provided format: a. The current name and license number of the crematory; b. The new name of the crematory; c. The name, email address, and telephone number of an individual who may be contacted by the Department; d. An attestation that the change in the legal name of the crematory does not affect the structure or ownership of the business organization; e. An attestation that the information and documentation submitted as part of the application are true and accurate; and f. The licensee’s signature and the date of signing; 2. An updated attestation from the responsible cremationist, as specified in R9-401(B)(6), including the new name of the crematory; 3. An updated copy of the log of cremations, required in R9- 403(G), including the new name of the crematory; and 4. The fee in R9-9B-103(A)(8). D. At least 30 calendar days before a change in the legal name of the licensee, which does not affect the structure or ownership of the business organization if the licensee is a business organization, a licensee shall: 1. Notify the Department in writing, including the following information, in a Department-provided format: a. The name and license number of the crematory; b. The current name of the licensee; c. The new name of the licensee; d. The name, email address, and telephone number of an individual who may be contacted by the Department; e. An attestation that the change in the legal name of the licensee does not affect the structure or ownership of the business organization; f. An attestation that the information and documentation submitted as part of the notification are true and accurate; and g. The licensee’s signature and date of signing; and 2. Either: a. If the licensee is an individual, documentation of the individual’s legal name change; or b. If the licensee is a business organization, documentation of the name change, from the Arizona Corporation Commission or other governmental entity, as applicable, registering the new name, that indicates no change in structure or ownership of the business organization. E. At least 30 calendar days before an anticipated change of location of a crematory, without a change of ownership, a licensee shall submit to the Department an application, including: 1. The following information in a Department-provided format: a. The name and license number of the crematory; b. The name, mailing address, email address, and telephone number of the licensee; c. The current physical address of the crematory; d. The new physical address of the crematory; e. The estimated date that the crematory plans to suspend operations at the current address in anticipation of the change of address; f. The estimated date that the crematory plans to be ready to begin operations at the new address; g. The date the crematory will be ready for a licensing inspection; h. Whether the crematory complies with local zoning ordinances, building codes, and fire codes for the new location; i. Whether the licensee agrees to allow the Department to submit supplemental requests for information under R9-9B-102(C)(3); j. An attestation that the change in the location of the crematory does not affect the structure or ownership of the business organization; k. An attestation that the information and documentation submitted as part of the application for a change of location for the crematory are true and accurate; and l. The licensee’s signature and date of signing; 2. A plan for ensuring the condition, dignity, and security of human remains and cremated remains in the custody of the crematory during the change of location; 3. An updated attestation from the responsible cremationist, as specified in R9-401(B)(6), including the new location of the crematory; 4. A floor plan, which is drawn to approximate scale and may be neatly hand-drawn, of each building at the new location of the crematory, showing the function of each room; 5. If the new location of 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; and 6. The fee in R9-9B-103(A)(7). F. A licensee shall notify the Department in writing at least 30 calendar days before the anticipated start of a proposed modification, which includes a substantial improvement, enlargement, reduction, alteration, or other substantial change in the crematory or another structure on the premises at the crematory, including; 1. The following information in a Department-provided format: a. The name and license number of the crematory; b. A description of the proposed modification; c. Whether the modification will comply with local zoning ordinances, building codes, and fire codes; d. The estimated date of completion of the modification; e. The date the crematory will be ready for a licensing inspection; f. The name, email address, and telephone number of an individual who may be contacted by the Department; g. An attestation that the information and documentation submitted as part of the application for a modification of the crematory are true and accurate; and h. The licensee’s signature and date of signing; 2. A plan for ensuring the condition, dignity, and security of human remains and cremated remains in the custody of the crematory during the modification; and 3. A floor plan, which is drawn to approximate scale and may be neatly hand-drawn, of each building in which a modification of the crematory will be made: a. Showing the function of each room, and b. Indicating the changes to be made. G. Within seven calendar days after a change in a responsible cremationist, the new responsible cremationist shall submit to the Department an attestation, in a Department-provided format, including: 1. The name and license number of the crematory; 2. The name and license number of the former responsible cremationist; 3. The name and license number of the new responsible cremationist; 4. The date of the change in responsible cremationist; 5. Whether the contact email address for the crematory is changing and, if so, the new contact email address for the crematory; 6. A statement that the new responsible cremationist: a. Is licensed under Article 2 of this Subchapter; b. Is familiar with the requirements in A.R.S. Title 32, Chapter 12, and the rules in this Subchapter; c. Accepts responsibility for the operation of and services provided by the crematory; and d. 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 7. The new responsible cremationist’s signature and date of signing. H. A licensee shall notify the Department in writing, including in the notification the name and license number of the crematory, no later than 30 calendar days after a change in any of the following: 1. The email address or mailing address of the crematory, including the new email address or mailing address; or 2. The email address or telephone number of the licensee, including the new email address or telephone number. I. If a licensee intends to close a crematory, without a change of ownership or change of location, the licensee shall: 1. Notify the Department in writing at least 30 calendar days before the anticipated date the crematory will close, including the following information, in a Department- provided format: a. The name and license number of the crematory; b. The name of the licensee; c. The estimated date that the crematory plans to close; d. The name, email address, and telephone number of an individual who may be contacted by the Department; e. The name, email address, and telephone number of the person that will have custody of records required to be maintained by the crematory according to R9- 9B-403(I); f. A statement that, as of the date specified according to subsection (I)(1)(c), the crematory will have no human remains or cremated remains on the premises; g. An attestation that the information and documentation submitted as part of the notification are true and accurate; and h. The licensee’s signature and date of signing; and 2. Within seven calendar days after the date specified according to subsection (I)(1)(c): a. Submit to the Department an attestation, signed by the licensee, that the records required to be maintained by the crematory according to R9-9B-403(I) have been transferred into the custody of the person named according to subsection (I)(1)(e) and the date of the transfer; and b. Surrender the crematory license to the Department. J. If the Department receives the notification of a change in ownership in subsection (B) or closure of the crematory in subsection (I), the Department shall void the licensee’s license to operate a crematory as of the date specified by the licensee in subsection (B)(1)(d) or (I)(1)(c), as applicable. K. If the Department receives an application for a change in the name of a crematory in subsection (C) or notification in subsection (D) of a change in the legal name of a licensee, the Department shall: 1. Determine whether the change affects the structure or ownership of a business organization; 2. If the change in the name of a crematory or licensee does not affect the structure or ownership of a business organization: a. For a change in the name of a crematory, issue to the licensee an amended license showing the new legal name of the crematory, keeping the current license expiration date; or b. For a change in the legal name of a licensee, notify the licensee that records have been updated; and 3. If the change in the name of the crematory or licensee affects the structure or ownership of a business organization, notify the licensee that: a. The crematory is required to comply with subsection (B); b. The new owner may apply for a new crematory license according to R9-9B-401; and c. According to R9-9B-401(A), crematory services cannot be provided until a new license or interim permit is issued. L. If the Department receives an application for a change in the location of a crematory in subsection (E), the Department shall: 1. Conduct an inspection of the premises; and 2. If the crematory is compliant with A.R.S. Title 32, Chapter 12, and this Subchapter, issue to the licensee an amended license for the crematory that incorporates the new address and retains the expiration date of the existing license. M. If the Department receives an application in subsection (F) of a proposed modification, the Department: 1. May conduct an inspection of the premises; and 2. Shall notify the licensee that the crematory is: a. Compliant with A.R.S. Title 32, Chapter 12, and this Subchapter; or b. Not compliant with A.R.S. Title 32, Chapter 12, and this Subchapter, and: i. Request a plan of correction for instances of noncompliance, and ii. State whether the crematory may continue operations before corrections are completed.