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34-13-12
Section 34-13-12 Truthfulness of documentary information; rights and obligations of funeral
establishment; liability. (a) Any person signing a funeral service agreement, cremation authorization
form, or any other authorization for disposition by his or her signature shall attest to the
truthfulness of any facts set forth in the document including, but not limited to, the identity
of the decedent whose remains are to be buried, cremated, or otherwise disposed of and the
authority of the person to order the disposition. A funeral establishment may rely on a funeral
service agreement, contract, or authorization in carrying out the instructions of the person
the funeral establishment reasonably believes to hold the right of disposition. A funeral
establishment is not responsible for contacting or independently investigating the existence
of any next-of-kin or relative of a decedent. If there is more than one person in a class
with equal priority and the funeral establishment has no...
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34-13-11
than one surviving grandparent, a majority of the surviving grandparents. Less than a majority
of the surviving grandparents may be vested with the rights and duties of this section if
reasonable efforts have been made to notify all surviving grandparents of the instructions
and a majority of the surviving grandparents are not aware of any opposition to the instructions.
(9) The guardian of the decedent at the time of the death of the decedent, if a guardian had
been appointed. (10) The personal representative of the estate of the decedent. (11)
The person in the classes of the next degree of kinship, in descending order, under the laws
of descent and distribution to inherit the estate of the decedent. If there is more than one
person of the same degree, any person of that degree may exercise the right of disposition.
(12) The public officer, administrator, or employee responsible for arranging the final disposition
of the remains of the decedent if the disposition of the remains...
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34-13-1
Section 34-13-1 Definitions. (a) For purposes of this chapter, the following terms shall have
the following meanings: (1) ACCREDITED SCHOOL or COLLEGE OF MORTUARY SCIENCE. A school or
college approved by the Alabama Board of Funeral Service and which maintains a course of instruction
of not less than 48 calendar weeks or four academic quarters or college terms and which gives
a course of instruction in the fundamental subjects including, but not limited to, the following:
a. Mortuary management and administration. b. Legal medicine and toxicology as it pertains
to funeral directing. c. Public health, hygiene, and sanitary science. d. Mortuary science,
to include embalming technique, in all its aspects; chemistry of embalming, color harmony;
discoloration, its causes, effects, and treatment; treatment of special cases; restorative
art; funeral management; and professional ethics. e. Anatomy and physiology. f. Chemistry,
organic and inorganic. g. Pathology. h. Bacteriology. i. Sanitation...
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27-17A-2
designed for the encasement of human remains and which is usually constructed of wood, metal,
or like material, and ornamented and lined with fabric. (11) CEMETERY. A place that is established,
maintained, managed, operated, or improved and which is dedicated to and used or intended
to be used for the final disposition of human remains and their memorialization. (12) CEMETERY
AUTHORITY. Any person who owns or controls a cemetery or conducts cemetery business. (13)
CEMETERY MERCHANDISE. Any personal property offered for sale, contracted for sale,
or sold for use in connection with the burial of, final disposition, memorialization, interment,
entombment, or inurnment of human remains by a cemetery authority. Cemetery merchandise specifically
includes, but is not limited to, the casket, the outer burial container, and the memorial.
(14) CEMETERY SERVICES. Services provided by a cemetery authority for interment, entombment,
inurnment, and installation of cemetery merchandise. (15)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-2.htm - 12K - Match Info - Similar pages
34-13-120
Section 34-13-120 License required; crematory requirements; application and inspection; records;
violations; rulemaking authority. (a) No person, firm, corporation, association, entity, or
funeral establishment, or branch thereof, may operate a crematory for the purpose of cremating
dead human bodies, unless licensed by the board as a funeral establishment and the crematory
being registered with the board and inspected by the board before any cremations of human
remains are performed. (b) A crematory shall satisfy all of the following requirements and
have the following minimum equipment, facilities, and personnel: (1) Registered with the board.
(2) Inspected by the board before performing any cremations. (3) Fixed on the premises of
a funeral establishment. For the purposes of this subdivision, fixed means permanently attached
to the real property where the establishment is situated. (4) Owned by the same individual,
partnership, or corporation as the funeral establishment. (5) Under...
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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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8-20-4
carriers. q. To offer any refunds or other types of inducements to any person for the purchase
of new motor vehicles of a certain line make to be sold to the state or any political subdivision
thereof without making the same offer to all other new motor vehicle dealers in the same line
make within the state. r. To release to any outside party, except under subpoena, or as otherwise
required by law or in an administrative, judicial, or arbitration proceeding, any business,
financial, or personal information which may be from time to time provided by the dealer
to the manufacturer, without the express written consent of the dealer. s. To own an interest
in a new motor vehicle dealership, to operate or control a dealership, to make direct sales
or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a
facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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34-13-123
Section 34-13-123 Violations. The board may refuse to grant, refuse to renew, suspend, or revoke
the license of, or fine a cremationist or crematory, after proper hearing and notice is provided
to the licensee, upon the board finding the licensee is guilty of any of the following: (1)
Any violation of this chapter or order or rule of the board. (2) The performance of a cremation
service by a person who is not licensed as a cremationist and who has not completed a training
program as required by this chapter. (3) Operating a building or structure within this state
as a crematory without being licensed under this chapter. (4) Violating any cremation procedure
required by this chapter or rule of the board. (5) Performing a cremation without receipt
of a cremation authorization form signed by the authorizing agent. (6) Signing a cremation
authorization form with the actual knowledge that the form contains false or incorrect information.
(7) Accepting human remains from another funeral...
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34-13-23
Section 34-13-23 Officers; rulemaking authority; compensation; executive director; disposition
of funds. (a)(1) The board appointed under this chapter and each successor thereto is authorized
to select from its own membership a chair and to adopt and promulgate such rules and regulations
for the transaction of its business and for the betterment and promotion of the standards
of service and practice to be followed in the funeral service profession in the State of Alabama
as the board may deem expedient and consistent with the laws of this state and for the public
good. (2) The chair shall preside at all meetings of the board unless otherwise ordered, and
he or she shall exercise and perform all duties and functions incident to the office of chair.
(3) The board may select also from its own membership a vice chair, a secretary, and a treasurer.
No two offices shall be held by the same person. (b) The treasurer shall give bond to the
State of Alabama in the sum of ten thousand dollars...
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