(1) name and business address of the organization that will present the course;

(2) if the organization is a partnership, the names and home addresses of all the partners of the entity;

(3) if the organization is a corporation, the names and home addresses of persons who own five percent or more of the stock of the entity;

(4) the name, business address, telephone number, resume and qualifications of each educational provider who will be teaching and grading the course for the organization;

(5) regional or geographic locations where classes will be conducted;

(6) description of materials that will be distributed;

(7) final examination to be presented for the certification course, including the answer key;

(8) procedure for taking attendance; and

(9) an outline of the course content and the number of hours devoted to each subject.

(1) Is eighteen years of age or over and of good moral character;

(2) Holds an associates degree in mortuary science or holds a high school diploma or its equivalent and possesses over five years experience in crematory operation;

(3) Possesses instructional experience, academic achievement, and specialty or technical experience in the field of cremation;

(4) Is capable of administering and grading written examinations following the crematory certification course.

1. Statutory Authority: Section 1504(c) of the Not-for- Profit Corporation Law authorizes the Cemetery Board to adopt reasonable rules and regulations for the proper administration of the Public Cemetery Corporations Law. N-PCL section 1517(j) as added by Chapter 579 of the Laws of 2006 authorizes the Division of cemeteries to certify an organization seeking to make application for approval to conduct a cremation certification course of study.

2. Legislative Objectives: The legislative intent of Chapter 579 of the Laws of 2006 pertaining to the regulation of crematories, is to protect the well-being of our citizens, to promote the public welfare and to prevent crematories from falling into disrepair and dilapidation and becoming a burden upon the community, and in furtherance of the public policy of this State that crematories shall be conducted on a non-profit basis for the mutual benefit of the public therein.

3. Needs and Benefits: This regulation is needed to provide crematory employees with a standardized course of instruction in the operation and maintenance of crematories throughout the State. The Division of Cemeteries must approve the organization or entity seeking to be a cremation certification course provider. Upon completion of the course and after passing a written examination each crematory employee will receive a cremation certification allowing such employees to conduct the daily operations of the cremation process. The regulation also sets forth the criteria to be used when an organization or entity seeks to make application to be a course provider. No organization seeking approval as a cremation certification course provider shall be affiliated or associated with, owned, operated or controlled by a funeral entity. Under the Not-for-Profit Corporation Law § 1506-a, also known as the anti-combination statute, was enacted to prevent funeral entities from having any involvement in the operation, maintenance, or the cross marketing of goods and services with a cemetery corporation. This regulation would prevent a funeral entity from making an application to the Division of Cemeteries to be a course provider to conduct a cremation certification course of study.

The regulation further provides for the subjects of study, attendance, examinations and certification of completion requirements. The estimated cost to attend the certification course per crematory employee may range from $150.00 to $450.00. The Division of Cemeteries shall not approve the fees to be charged by the approved course provider. As a matter of policy the Division believes that it would be inappropriate to regulate the fee charged for the certification course since it does not want to be held accountable by the crematory industry for setting a fee that may be cost prohibitive from the perspective of the crematory operators. Based upon that policy decision, the Division feels that it is appropriate for the course provider to set their own fee based upon the current market price for the certification course being offered.

4. Costs: There are no costs to state agencies.

In terms of cemetery corporations that own and operate crematories in the State there will be a cost to certify their employees whose function is to conduct the daily operations of the cremation process. Any crematory employee retained prior to the effective date of the enactment of Chapter 579 of the Laws of 2006 must be certified by October 15, 2007. Any new employees of a crematory hired after October 15, 2007 must be certified within one year of their employment. Renewal of such certification must be completed every five years from the date of certification. The approved organization or entity shall establish the registration fee for the certification course offered. Each cemetery corporation will have to pay the approved fee to certify those crematory employees who will conduct cremations. The estimated cost to attend the certification course per crematory employee may range from $150.00 to $450.00.

5. Local Government Mandates: The proposal does not require any local government mandates.

6. Paperwork: The proposal does require the approved organization or entity to provide the Division of Cemeteries with a copy of all tests and scores upon completion of the course. Copies of all certifications shall be filed by the approved organization or entity with the Division of Cemeteries. Entities interested in providing the course must submit, at least 60 days prior to the start of the course, an application and specified course documentation to the Division of Cemeteries for approval. The Division will provide approval or disapproval within 30 days of such submission. The course provider must present each successful participant with a certificate form that includes an official signature and seal of such organization, and file copies of those forms with the Division of Cemeteries. In addition, the course provider shall retain attendance records, final examinations and a list of certified employees for a period of five years after course completion. The proposal does not require any new paperwork or reporting requirements for the cemetery corporations that own and operate crematories. Proof of all certifications must be posted in the crematory and available for inspection by the Division at anytime.

7. Duplication: This proposal does not conflict with any relevant rule or legal requirement of the State and federal governments.

8. Alternatives: The certification course will be presented as a one day course. Discussions were held to provide the course in a day and a half format but due to cost concerns the one day format was implemented. The regulation also provides that the final examination will be a take home examination as opposed to an on site examination after completing the course. The take home examination was implemented primarily for cost concerns because an on site examination would have required an additional half day to the structure of the course. In addition, the regulation allows for any entity to make application to the Division of Cemeteries to provide the certification course provided that such entity meets the criteria for approval of a course of study. It is anticipated that those approved entities will provide the course on multiple days in different regions of the state to accommodate those crematories with multiple employees and smaller crematories with only one or two employees thus avoiding a situation wherein a crematory may have to close its operation for a day or two to meet the certification requirements.

9. Federal Standards: The proposal does not exceed any minimum standards of the federal government for the same or similar subject areas.

10. Compliance Schedule: The regulations will apply to all crematory employees employed on or after October 15, 2007. The certification course will involve both the NYS Department of State (DOS) and the NYS Department of Environmental Conservation (DEC). The DOS will provide a certification course related to the statutory provisions that were enacted in Chapter 579 of the Laws of 2006. The DEC will provide a separate certification course related to air pollution control requirements for crematories. The DEC through the Environmental Facilities Corporation has conducted a survey to determine the location and the number of courses needed to comply with the law. The projected plan is to offer three separate regional testing sites on multiple days in order to meet the needs of the crematory operators and their employees. In addition, DOS and DEC held an informational meeting on April 12, 2007 by inviting all the crematory owners within the state and the New York State Association of Cemeteries (NYSAC) to discuss the proposed regulation. The meeting proved to be successful in that it was well attended and many questions that were raised regarding the proposed regulation were clarified at the meeting. After the April meeting the proposed regulation was presented to NYSAC for their comments. The regulation was presented to the NYSAC cremation committee for review. The committee recommended that several changes to the proposed regulation be made and those changes have been incorporated into the proposed regulation as currently submitted. NYSAC does not oppose the proposed regulation as submitted since all their changes to the regulation have been incorporated. The Department of State intends to begin accepting applications from interested organizations that have an interest in teaching the certification course once the regulation has been approved.

1. Effect on small businesses: There are approximately 50 crematories throughout the State that are under the jurisdiction of the Division of Cemeteries. There are an estimated 200 crematory employees who are presently employed as crematory operators in the State and who must be certified on or before October 15, 2007.

2. Compliance requirements: All cemetery corporations that own and operate crematories in the State must insure that all their current crematory employees must be certified on or before October 15, 2007. Any new employees hired after October 15, 2007 must be certified within one year from their date of employment. Renewal of such certification must be completed every five years from the date of certification. Entities interested in providing the course must submit, at least 60 days prior to the start of the course, an application and specified course documentation to the Division of Cemeteries for approval. The Division will provide approval or disapproval within 30 days of such submission. The course provider must present each successful participant with a certificate form that includes an official signature and seal of such organization, and file copies of those forms with the Division of Cemeteries. In addition, the course provider shall retain attendance records, final examinations and a list of certified employees for a period of five years after course completion.

3. Professional services: The regulation shall not require cemetery corporations to utilize professional services to comply with the regulation.

4. Compliance costs: The estimated cost to attend the certification course per crematory employee may range from $150.00 to $450.00. The Division of Cemeteries shall not approve the fees to be charged by the approved course provider. As a matter of policy the Division believes that it would be inappropriate to regulate the fee charged for the certification course since it does not want to be held accountable by the crematory industry for setting a fee that may be cost prohibitive from the perspective of the crematory operators. Based upon that policy decision, the Division feels that it is appropriate for the course provider to set their own fee based upon the current market price for the certification course being offered.

5. Economic and technological feasibility: It is economically and technologically feasible for cemetery corporations to comply with the regulation.

6. Minimizing adverse impact: This regulation will provide a degree or level of attainment for the training and certification requirements of all crematory employees whose function is to conduct the daily operations of the cremation process throughout the State. The regulation will apply uniformly to all crematories across the State and should not impose any adverse or disparate impact.

7. Small business and local government participation: The certification course will involve both the NYS Department of State (DOS) and the NYS Department of Environmental Conservation (DEC). The DOS will provide a certification course related to the statutory provisions that were enacted in Chapter 579 of the Laws of 2006. The DEC will provide a separate certification course related to air pollution control requirements for crematories. The DEC through the Environmental Facilities Corporation has conducted a survey to determine the location and the number of courses needed to comply with the law. The projected plan is to offer three separate regional testing sites on multiple days in order to meet the needs of the crematory operators and their employees. In addition, DOS and DEC held an informational meeting on April 12, 2007 by inviting all the crematory owners within the state and the New York State Association of Cemeteries (NYSAC) to discuss the proposed regulation. The meeting proved to be successful in that it was well attended and many questions that were raised regarding the proposed regulation were clarified at the meeting. After the April meeting the proposed regulation was presented to NYSAC for their comments. The regulation was presented to the NYSAC cremation committee for review. The committee recommended that several changes to the proposed regulation be made and those changes have been incorporated into the proposed regulation as currently submitted. NYSAC does not oppose the proposed regulation as submitted since all their changes to the regulation have been incorporated. The Department of State intends to begin accepting applications from interested organizations that have an interest in teaching the certification course once the regulation has been approved.

1. Types and estimated number of rural areas: Approximately one half of the 50 crematories located in the State are located in rural areas.

2. Reporting, recordkeeping and other compliance requirements; and professional services: Cemeteries and crematories that conduct cremations and all their employees whose function is to conduct the daily operations of the cremation process will be required to be certified through an organization approved by the Division of Cemeteries for the operation of a crematory facility. No crematory employee that conducts the daily operations of a crematory can operate a crematory facility unless they are certified. Proof of all certifications must be posted in the crematory and available for inspection by the Division at any time. Entities interested in providing the course must submit, at least 60 days prior to the start of the course, an application and specified course documentation to the Division of Cemeteries for approval. The Division will provide approval or disapproval within 30 days of such submission. The course provider must present each successful participant with a certificate form that includes an official signature and seal of such organization, and file copies of those forms with the Division of Cemeteries. In addition, the course provider shall retain attendance records, final examinations and a list of certified employees for a period of five years after course completion. There would be no new reporting or record keeping requirements for the cemetery corporations that own and operate crematories.

3. Costs: The estimated cost to attend the certification course per crematory employee may range from $150.00 to $450.00. As a matter of policy the Division believes that it would be inappropriate to regulate the fee charged for the certification course since it does not want to be held accountable by the crematory industry for setting a fee that may be cost prohibitive from the perspective of the crematory operators. Based upon that policy decision, the Division feels that it is appropriate for the course provider to set their own fee based upon the current market price for the certification course being offered.

4. Minimizing adverse impact: This regulation will provide a degree or level of attainment for the training and certification requirements of all crematory employees whose function is to conduct the daily operations of the cremation process throughout the State. The regulation will apply uniformly to all crematories across the State and should not impose any adverse or disparate impact.

5. Rural area participation: The certification course will involve both the NYS Department of State (DOS) and the NYS Department of Environmental Conservation (DEC). The DOS will provide a certification course related to the statutory provisions that were enacted in Chapter 579 of the Laws of 2006. The DEC will provide a separate certification course related to air pollution control requirements for crematories. The DEC through the Environmental Facilities Corporation has conducted a survey to determine the location and the number of courses needed to comply with the law. The projected plan is to offer three separate regional testing sites on multiple days in order to meet the needs of the crematory operators and their employees. In addition, DOS and DEC held an informational meeting on April 12, 2007 by inviting all the crematory owners within the state and the New York State Association of Cemeteries (NYSAC) to discuss the proposed regulation. The meeting proved to be successful in that it was well attended and many questions that were raised regarding the proposed regulation were clarified at the meeting. After the April meeting the proposed regulation was presented to NYSAC for their comments. The regulation was presented to the NYSAC cremation committee for review. The committee recommended that several changes be made to the proposed regulation and those changes have been incorporated into the proposed regulation as currently submitted. NYSAC does not oppose the proposed regulation as submitted since all their changes to the regulation have been incorporated. The Department of State intends to begin accepting applications from interested organizations that have an interest in teaching the certification course once the regulation has been approved.

This rule will not have any substantial adverse impact on jobs and employment opportunities. As a result of the enactment of section 1517(j) of the Not-for-Profit Corporation Law, which became effective October 15,2006, any employee of a crematory whose function is to conduct the daily operations of the cremation process shall be certified by an organization approved by the Division of Cemeteries. Certifications are valid for five years, and may be renewed only upon successful completion of an approved cremation certification course of study. Inasmuch as this rule affects only those certified crematory operators who seek renewal of certification, it promotes employment by ensuring that only those qualified to provide this service, will be certified.