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24.147.903    NAME CHANGE, CLOSURE, OR SALE OF FACILITY

(1) In addition to the provisions of ARM 24.147.403 applicable to mortuaries, a licensee or manager in charge of a mortuary, crematory, or cemetery shall notify the board office within ten days of any change of a business name, closure, relocation, sale, or other change in ownership. When there is a change of ownership, the existing license is void and a new license must be obtained from the board.

(2) A change in ownership, for purposes of this rule, shall occur whenever more than 50 percent of the equitable ownership of a facility 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. A new owner of a facility shall publish, for a one-week period, a notice of the change of ownership in a newspaper of general circulation in the county in which the facility is located, within 30 days of the change of ownership. The notice shall contain only the following information under the title "Notice of Change of Ownership":

(a) the name and physical address of the facility, particularly noting if the name and physical address have changed;

(b) the name of each new owner if sole proprietor or partnership;

(c) if the new owner is a corporation, the name of the corporation, its registered agent, and registered agent's address, if different than the physical address; and

(d) the name of the licensee in charge.

History: 37-19-202, 37-19-403, MCA; IMP, 37-19-402, 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; AMD, 2013 MAR p. 1191, Eff. 7/12/13.

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