HAR §11-118-4. Eligibility for a permit

(a) Individuals eligible to apply for a disinterment permit include: (1) A survivor of the decedent in the following priority order: (A) Spouse or reciprocal beneficiary; (B) Child eighteen years of age or older, or if more than one child, a majority of the children eighteen years of age or older; (C) Parent(s); 118-5 3297 §11-118-4 (D) Sibling eighteen years of age or older, or if more than one sibling, a majority of the siblings eighteen years of age or older; (E) Grandparent, or if more than one grandparent, a majority of the grandparents; and (F) Grandchild eighteen years of age or older, or if more than one grandchild, a majority of the grandchildren eighteen years of age or older; (2) An individual with a legal relationship to the decedent, including the following: (A) A personal representative of the decedent's estate; and (B) A person designated by a court of competent jurisdiction; (3) A law enforcement officer with jurisdiction in the state acting within the law enforcement officer's official capacity; (4) An authorized representative of the United States Department of Defense seeking to disinter remains of armed forces service members; and (5) A landowner, including the owner of a cemetery or the owner's representative, with a court order authorizing the removal of remains buried on the landowner's property. (b) In addition to the requirements in subsection (a), individuals applying for a disinterment permit for remains that are not located in a known, maintained, actively used cemetery shall submit proof of a written agreement to disinter from the owner of the property where the remains are located. (c) The department shall not grant permission to disinter remains to individuals who do not meet the eligibility requirements of this section without a court order. [Eff OCT 19 2018 ] (Auth: HRS §§321-9, 321-11, 338-25.5) (Imp: HRS §338-25.5) 118-6 §11-118-5 # §11-118-5 How to apply for a disinterment permit. (a) An applicant for a disinterment permit shall use the services of a mortuary or cemetery to submit an application for a disinterment permit to the state registrar on a form and in a manner approved by the state registrar. An owner of a family burial plot is not considered a cemetery or a mortuary. (b) On behalf of an applicant, a mortuary or cemetery shall submit an application for a disinterment permit to the state registrar on a form approved by the state registrar through the electronic disinterment application and permit system or other approved method, provided that the mortuary or cemetery is in compliance with all applicable requirements of chapter 441, HRS, chapter 11-22, Hawaii Administrative Rules, and any other applicable laws, and has been trained and registered to participate in the electronic disinterment application and permit system, as determined by the state registrar. (c) A mortuary or a cemetery in compliance with all applicable requirements of chapter 441, HRS, chapter 11-22, Hawaii Administrative Rules, and any other applicable laws may apply for a disinterment permit using the services of a mortuary authority or a cemetery authority with which it has a documented business relationship, so long as the mortuary authority or cemetery authority has been trained and registered to participate in the electronic disinterment application and permit system, as determined by the state registrar. (d) An authorized representative of the United States Department of Defense seeking a permit to disinter the remains of an unknown or unidentified armed forces service member shall submit an application for a disinterment permit pursuant to section 11-118-13. [Eff OCT 19 2018] (Auth: HRS §321-9, 321-11, 338-25, 338-25.5) (Imp: HRS §338-25.5) 118-7 B297