Ariz. Admin. Code § 9-19-312

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-19-312 - Disinterment-reinterment Permits

A. Except as provided in A.R.S. § 36-327, before a person disinters the human remains of a deceased individual or a fetal death, the person shall:

1. Obtain:

a. Written authorization for the disinterment from the:

i. Deceased individual's family member or members who have the highest priority according to A.R.S. § 36-327(A), or

ii. Parent of the fetus; or

b. A court order authorizing the disinterment;

2. If the disinterred human remains are to be cremated, obtain approval for the cremation from the medical examiner of the registration district where the human remains are interred; and

3. Submit to a local registrar, a deputy local registrar, or the State Registrar to obtain a disinterment-reinterment permit:

a. The following information in a Department-provided format:

i. For the human remains of a deceased individual:

(1) The name, age, sex, and race of the deceased individual; and

(2) The date and place of death;

ii. For the human remains of a fetal death, the name of the mother and date of delivery;

iii. The name of the cemetery or the location where the human remains are buried;

iv. The name of the funeral director in charge of the disinterment;

v. If applicable, the name or names of the family member or members who authorized the disinterment, as required in subsection (A)(1)(a);

vi. The name of the cemetery or the location where it is anticipated that the human remains will be reinterred or the crematory where the human remains will be cremated; and

vii. The anticipated date of the reinterment or cremation; and

b. If applicable, a copy of the court order required in subsection (A)(1)(b) or the medical examiner's approval of cremation required in subsection (A)(2).

B. The funeral director who is in charge of the disinterment shall:

1. Maintain a copy of the written authorization in subsection (A)(1)(a) or court order for at least 10 years after the date on the evidentiary document, and

2. Provide a copy of the written authorization or court order to the State Registrar for review within 48 hours after the State Registrar's request.

C. A person who submitted the information to request a disinterment-reinterment permit shall not have the right to appeal, as prescribed in A.R.S. Title 41, Chapter 6, Article 6, the State Registrar's determination to deny a request for a disinterment-reinterment permit if the human remains of a deceased individual or from a fetal death have been disinterred before the person who submitted the information receives the written notice specified in R9-19-103(E)(2)(c).

Ariz. Admin. Code § R9-19-312

Amended effective March 30, 1976 (Supp. 76-2). Former Section R9-19-312 renumbered as Section R9-19-316, former Section R9-19-310 renumbered and amended as Section R9-19-312 effective February 20, 1980 (Supp. 80-1). Former Section R9-19-312 renumbered to R9-19-314, new Section R9-19-312 renumbered from Section R9-19-310 and amended effective July 31, 1989 (Supp. 89-3). Section recodified to R9-8-1102at 11 A.A.R. 3578, effective September 2, 2005 (Supp. 05-4). New Section made by final rulemaking at 12 A.A.R. 4387, effective January 6, 2007 (Supp. 06-4). Renumbered from R9-19-313 by final rulemaking at 22 A.A.R. 1783, effective 10/1/2016.