Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.147 - BOARD OF FUNERAL SERVICE
Subchapter 24.147.4 - General Provisions
Rule 24.147.407 - NAME CHANGE, CLOSURE, TRANSFER, OR CHANGE OF OWNERSHIP - MORTUARY, BRANCH ESTABLISHMENT, CREMATORY, OR CEMETERY

Universal Citation: MT Admin Rules 24.147.407

Current through Register Vol. 18, September 20, 2024

(1) Using forms provided by the department, mortuaries, branch establishments, crematories, and cemeteries must notify the board within ten days of any of the following occurring:

(a) change of business name;

(b) closure;

(c) transfer, as defined in 37-19-402, MCA, or relocation; or

(d) change of ownership as defined in these rules.

(2) When there is a change in ownership the license issued to the previous owner is void. The new owner must:

(a) apply for a license per the applicable requirements in this chapter;

(b) within 30 days of the change of ownership, publish notice of the change of ownership in a newspaper of general circulation in the county in which the facility is located; and

(c) once the change in ownership is complete, notify the board per the requirements in ARM 24.147.1506.

(3) The notice in (2)(b) must be published for no less than one week. The notice must contain the following under the title "Notice of Change of Ownership":

(a) the name and physical address of the facility, particularly noting if the name and physical address have changed;

(b) the name of each new owner and whether the facility is owned by a sole proprietor, partnership, or corporation. If the new owner is a corporation, the notice must contain:
(i) name of the corporation;

(ii) name of the registered agent of the corporation; and

(iii) registered agent's address if it is different than the physical address; and

(c) the name of the mortician-in-charge, crematory operator-in-charge, or cemetery manager.

AUTH: 37-19-202, 37-19-403, 37-19-703, 37-19-816, MCA; IMP: 37-19-402, 37-19-403, 37-19-703, 37-19-816, MCA

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