Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 118 - DISINTERMENT PERMITS
Section 11-118-2 - Permit required for disinterment
Universal Citation: HI Admin Rules 11-118-2
Current through February, 2024
(a) Subject to section 11-118-3, a disinterment permit is required for the disinterment or disturbance of remains from a place of burial for all purposes, including:
(1) Removing or disturbing and reinterring
the same remains in the same location;
(2) Interring additional remains, including
cremated remains, in a place of burial;
(3) Removing to cremate or otherwise dispose
of the remains pursuant to a disposition permit;
(4) Removing the remains to inter the remains
in another location pursuant to a disposition permit;
(5) Removing unknown or unidentified remains
for the purpose of identifying the remains (e.g., unknown or unidentified armed
forces members);
(6) Temporarily
removing remains to repair or renovate cemetery property or other place of
burial;
(7) Removing or relocating
remains after damage or threatened damage to a place of burial due to
hurricanes, floods, natural disasters, or other unexpected occurrence; provided
that the landowner, including the owner of a cemetery or the owner's
representative, notifies the department of the damage or threatened damage as
soon as possible after the occurrence and applies for a disinterment permit;
and
(8) Any other reason, subject
to the approval of the department.
(b) A disinterment permit is not required for disinterment or disturbance of remains at burial sites where prehistoric or historic remains are interred, but any exposure, disturbance, or removal of any remains or burial goods from those sites is subject to the approval of the department of land and natural resources.
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