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PARRIS N. GLENDENING, Governor
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Ch. 591
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(3) THE NOTICE SHALL CONTAIN:
(I) A STATEMENT THAT AUTHORIZATION FROM THE STATE'S
ATTORNEY IS BEING REQUESTED TO REMOVE HUMAN REMAINS OR ASSOCIATED
FUNERARY OBJECTS FROM A BURIAL SITE;
(II) THE PURPOSE FOR WHICH THE AUTHORIZATION IS BEING
REQUESTED;
(III) THE LOCATION OF THE BURIAL SITE, INCLUDING THE TAX MAP
AND PARCEL NUMBER OR LIBER FOLIO LIBER AND FOLIO NUMBER; AND
(IV) ALL KNOWN PERTINENT INFORMATION CONCERNING THE
BURIAL SITE, INCLUDING THE NAMES OF THE PERSONS WHOSE HUMAN REMAINS
ARE INTERRED IN THE BURIAL SITE/IF KNOWN.
(4) FOR GOOD CAUSE THE STATE'S ATTORNEY MAY AUTHORIZE THE
TEMPORARY RELOCATION OF HUMAN REMAINS OR ASSOCIATED FUNERARY OBJECTS
FROM A BURIAL SITE NOTWITHSTANDING THE NOTICE REQUIREMENTS OF THIS
SUBSECTION. IF THE PERSON REQUESTING THE AUTHORIZATION THEREAFTER
INTENDS TO PERMANENTLY RELOCATE THE REMAINS, THE PERSON SHALL
PROMPTLY PUBLISH THE NOTICE AS REQUIRED UNDER THIS SUBSECTION.
(4) (5) THE PERSON REQUESTING THE AUTHORIZATION FROM THE
STATE'S ATTORNEY SHALL PAY THE COST OF PUBLISHING THE NOTICE.
(5) (6) AFTER RECEIVING PROOF OF THE PUBLICATION REQUIRED
UNDER PARAGRAPH (1) OF THIS SUBSECTION AND 15 DAYS HAVING EXPIRED
BEGINNING WITH THE DATE OF THE THIRD SUCCESSIVE AFTER THE DATE OF THE
PUBLICATION OF THE REQUIRED NOTICE, THE STATE'S ATTORNEY MAY AUTHORIZE
THE REMOVAL OF THE HUMAN REMAINS OR ASSOCIATED FUNERARY OBJECTS FROM
THE BURIAL SITE.
(6) (7) THIS SUBSECTION MAY NOT BE CONSTRUED TO DELAY,
PROHIBIT, OR OTHERWISE LIMIT THE STATE'S ATTORNEYS AUTHORIZATION FOR THE
REMOVAL OF HUMAN REMAINS OR ASSOCIATED FUNERARY OBJECTS FROM A
BURIAL SITE.
(7) (8) FOR A KNOWN, BUT NOT NECESSARILY DOCUMENTED,
UNMARKED BURIAL SITE, THE PERSON REQUESTING AUTHORIZATION FOR THE
REMOVAL OF HUMAN REMAINS OR ASSOCIATED FUNERARY OBJECTS FROM THE
BURIAL SITE HAS THE BURDEN OF PROVING BY ARCHAEOLOGICAL EXCAVATION OR
OTHER ACCEPTABLE METHODS THE PRECISE LOCATION AND BOUNDARIES OF THE
BURIAL SITE.
(E) THIS SECTION MAY NOT BE CONSTRUED TO PREEMPT THE NEED FOR A
PERMIT REQUIRED BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE UNDER
§ 4-215 OF THE HEALTH - GENERAL ARTICLE TO REMOVE HUMAN REMAINS FROM A
BURIAL SITE.
(F) (1) ANY HUMAN REMAINS THAT ARE REMOVED FROM A BURIAL SITE IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION SHALL BE REINTERRED:
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- 3089 -
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