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This is an obsolete version of the rule. Please click on the rule number to view the current version.

24.147.903    TRANSFER OR SALE OF MORTUARY LICENSE

(1) Upon the transfer or sale of a mortuary, the original license number may be retained by the mortuary facility upon written request to the board.

(2) Whenever ownership is transferred outside existing ownership of any mortuary, cemetery or crematory, the mortuary, cemetery or crematory shall notify the board. A change in ownership, for purposes of this rule, shall be deemed to occur whenever more than 50 percent of the equitable ownership of a mortuary is transferred in a single transaction, or in a related series transaction, or in a related series of transactions to one or more persons, associations or corporations. The notice shall specify the address of the principal offices of the mortuary, and whether it will be changed or unchanged, and shall specify the name and address of each new owner and the stockholders.

(3) Notice of such a change of ownership shall be published in a newspaper of general circulation in the county in which the mortuary is located within 30 days of the change of ownership. The notice shall specify the address of the principal offices of the mortuary, whether changed or unchanged, and shall specify the name and address of each new owner and each stockholder owning more than 5 percent of the stock of each new owner.

History: 37-19-202, 37-19-403, MCA; IMP, 37-19-403, MCA; NEW, 1987 MAR p. 2088, Eff. 11/13/87; AMD, 1998 MAR p. 2959, Eff. 11/6/98; TRANS, from Commerce, 2002 MAR p. 790.

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