PARRIS N. GLENDENING, Governor

Ch. 675

SUBTITLE 4. PERMITS PERMITS AND STATEMENT FILINGS.

5-401.

(A) SUBJECT TO THE PROVISIONS OF THIS SECTION, A REGISTERED
CEMETERIAN OR REGISTERED SELLER MAY ENGAGE IN THE OPERATION OF A
CEMETERY OR BURIAL GOODS BUSINESS AS A SOLE PROPRIETOR OR THROUGH:

(1)      A CORPORATION AS AN OFFICER, DIRECTOR, EMPLOYEE, OR AGENT
OF THE CORPORATION;

(2)      A LIMITED LIABILITY COMPANY AS A MEMBER, EMPLOYEE, OR
AGENT OF THE LIMITED LIABILITY COMPANY; OR

(3)      A PARTNERSHIP AS A PARTNER, EMPLOYEE, OR AGENT OF THE
PARTNERSHIP.

(B)     SUBJECT TO THE PROVISIONS OF THIS TITLE, A CORPORATION, LIMITED
LIABILITY COMPANY, OR PARTNERSHIP MAY ENGAGE IN THE OPERATION OF A
CEMETERY OR BURIAL GOODS BUSINESS THROUGH A REGISTERED CEMETERIAN
OR REGISTERED SELLER.

(C)     (1) A REGISTERED CEMETERIAN WHO ENGAGES IN THE OPERATION OF
A CEMETERY THROUGH A CORPORATION, LIMITED LIABILITY COMPANY, OR
PARTNERSHIP UNDER THIS TITLE IS SUBJECT TO ALL OF THE PROVISIONS OF THIS
TITLE THAT RELATE TO ENGAGING IN THE OPERATION OF A CEMETERY.

(2) A REGISTERED SELLER WHO ENGAGES IN THE OPERATION OF A
BURIAL GOODS BUSINESS THROUGH A CORPORATION, LIMITED LIABILITY
COMPANY, OR PARTNERSHIP UNDER THIS TITLE IS SUBJECT TO ALL OF THE
PROVISIONS OF THIS TITLE THAT RELATE TO PROVIDING BURIAL GOODS SERVICES.

(D)     (1) A CORPORATION, LIMITED LIABILITY COMPANY, OR PARTNERSHIP
THAT ENGAGES IN THE OPERATION OF A CEMETERY OR BURIAL GOODS BUSINESS
UNDER THIS TITLE IS NOT, BY ITS COMPLIANCE WITH THIS TITLE, RELIEVED OF ANY
RESPONSIBILITY THAT THE CORPORATION, LIMITED LIABILITY COMPANY, OR
PARTNERSHIP MAY HAVE FOR AN ACT OR AN OMISSION BY ITS OFFICER, DIRECTOR,
MEMBER, PARTNER, EMPLOYEE, OR AGENT.

(2) AN INDIVIDUAL WHO ENGAGES IN THE OPERATION OF A CEMETERY
OR BURIAL GOODS BUSINESS THROUGH A CORPORATION, LIMITED LIABILITY
COMPANY, OR PARTNERSHIP IS NOT, BY REASON OF THE INDIVIDUAL'S
EMPLOYMENT OR OTHER RELATIONSHIP WITH THE CORPORATION, LIMITED
LIABILITY COMPANY, OR PARTNERSHIP, RELIEVED OF ANY INDIVIDUAL
RESPONSIBILITY THAT THE INDIVIDUAL MAY HAVE REGARDING THAT PRACTICE.

5-402.

A CORPORATION, LIMITED LIABILITY COMPANY, OR PARTNERSHIP SHALL
OBTAIN A PERMIT ISSUED BY THE DIRECTOR, BEFORE THE CORPORATION, LIMITED
LIABILITY COMPANY, OR PARTNERSHIP MAY ENGAGE IN THE OPERATION OF A
CEMETERY OR BURIAL GOODS BUSINESS IN THE STATE

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