Current through Register Vol. 35, No. 18, September 24, 2024
A. An establishment or crematory license is
an authority granted to the person, firm partnership, corporation, association,
joint venture, or other organization, or any combination thereof, and is not
transferable. A change in business designation of an establishment or crematory
or of a licensee in charge of an establishment may have the legal effect of
attempting to transfer the license and of operating without a license.
Therefore, all such changes shall be filed with the board on an application
form prescribed by the board, accompanied by the required fees, within 30 days
following any such change.
(1) Incorporation
creates a new legal entity which requires a new license even though one or more
stockholders, officers or directors have been previously issued a license. A
license to practice funeral service or direct disposition held by a
stockholder, officer of director is not authority to the corporation to operate
as a funeral or direct disposition establishment.
(2) The organization of a partnership or
joint venture creates a new legal entity which requires a new license, even
though one or more of the partners have previously been issued a
license.
(3) The dissolution of a
corporation or partnership which has been issued a license, operates to
terminate the license and no individual or firm may operate under such a
terminated license.
(4) The change
of members of a general partnership, or in the general partner membership of a
limited partnership, either the addition or withdrawal of a partner or
partners, establishes a new legal entity which requires a new license and such
partnership cannot operate on a license of the former partnership.
(5) The change of ownership of fifty percent
or more of the stock in a corporation or shares in a partnership operates to
terminate the license and a new license is required, even if the licensee in
charge does not change.
(6) A
change in the licensee in charge operates to terminate the establishment
license and the establishment can continue to operate only under a new license
granted by the board and designating the new licensee in charge. The
revocation, suspension, lapse or other loss of the license of the licensee in
charge shall likewise cause a termination of the existing establishment
license.
(7) A change in location
of an establishment or crematory shall require a new establishment or crematory
license.
(8) A change in the name
of an establishment or crematory shall require a new establishment or crematory
license.
(a) Any change in name shall not be
announced, used, or in any way conveyed to the public until the new license is
issued by the board.
(b) All
advertising, signs, listings, newspaper notices, as well as all stationery,
business cards, etc., as well as those on the internet, of an establishment or
crematory licensed by the board shall include the name, license number and
address of the establishment or crematory, exactly as licensed by the board,
and all references to the new name shall be changed within 30 days following
the board meeting at which the new license was issued.
B. Prior to the issuance of a new
license under Subsection A of 16.64.4.11 NMAC the board may require an
inspection of the establishment or crematory, however an inspection of the
establishment or crematory shall be required for a change under Paragraph (7)
of Subsection A of 16.64.4.11 NMAC prior to the issuance of a new
license.
C. Failure to file for a
change of an establishment or crematory license within the 30 day period shall
be grounds for termination of licenses of the establishment and the licensee in
charge, or of the crematory license.
D. Upon filing for any change, the
establishment or crematory shall continue to operate under its current license
until the next board meeting, provided all other provisions of the Funeral
Services Act are followed.
E.
Re-inspections.
(1) The requirement for a
re-inspection is based on the following:
(a)
the inspector has attempted on two occasions to inspect the establishment or
crematory to no avail, and would include the situation where the establishment
or crematory is closed during normal business hours and that the licensee in
charge is not available within one hour of contact made or attempted by the
inspector; or
(b) the establishment
or crematory is found to be in non-compliance with the board's inspection
requirements.
(2) A
re-inspection and penalty fee will be imposed on any establishment or crematory
if a re-inspection is required. The licensee in charge of an establishment or a
crematory authority will be informed that a re-inspection and penalty fee is
being assessed and the reason for the re-inspection.
(3) If the board has good reason to believe
that the Funeral Services Act or 16.64 NMAC, governing the inspection
requirements have been violated, a re-inspection and penalty fee will be
assessed only if a violation exists.
