OFFICE OF FUNERAL HOME AND CREMATORY REGISTRATION
RULES

1 – Basis and Purpose
The basis of these rules is the authority granted to the Director of the Division of Registrations by Section 12-54-401(8) (a), C.R.S.  These rules are adopted to implement the Division’s authority to regulate and register funeral homes and crematories and to set forth the requirements for being so registered.
2 – Definitions
Division.  The Division of Registrations in the Department of Regulatory Agencies.
Director.  The Director of the Division of Registrations in the Department of Regulatory Agencies.
Office.  The Office of Funeral Home and Crematory Registration in the Division of Registrations.
3 – Application for Registration
An applicant for registration must:
1.	Submit a completed application for registration in a manner approved by the Division;
2.	Submit with the application all fees established by the Division pursuant to Sections 12-54-110 (2)(e), 12-54-303 (2)(e), and 12-54-402 (1), C.R.S;
3.	Complete the attestation, under the penalty of perjury, that the information in the application is true and correct to the best of the applicant's knowledge and belief; and, 
4.	Submit additional information as may be requested by the Division to fully and fairly evaluate the applicant’s qualifications for registration pursuant to Sections 12-54-110 (2) (a) and 12-54-303 (2) (a), C.R.S. 
4 – Renewal and Reinstatement of Registration
A.	If a funeral establishment or a crematory fails to renew its registration pursuant to the schedule established by the Division, the registration shall expire.  
B.	In order to reinstate an expired registration, an applicant must: 
1.	Submit a completed application for reinstatement in a manner approved by the Division; and,
2.	Submit with the application all fees established by the Division pursuant to Sections 12-54-110 (2) (e) and 12-54-303 (2) (e), C.R.S.
5 –  Investigations
Pursuant to Section 12-54-401 (3), C.R.S., the Director may investigate the activities of a funeral establishment or crematory based upon her own initiative, a complaint, or a suspected or alleged violation.  This authority includes the discretion to conduct inspections during non-business hours.
6 –  Declaratory Orders
A.	Any person or entity may petition the Director of the Division for a declaratory order to terminate controversies or remove uncertainties as to the applicability of any statutory provision or of any rule or order of the Director or the Division. 
B.	The Director will determine, at the Director’s discretion and without notice to petitioner, whether to rule upon such petition.  If the Director determines that the Director will not rule upon such a petition, the Director shall promptly notify the petitioner of such action and state the reasons for such decision. 
C.	In determining whether to rule upon a petition filed pursuant to this rule, the Director will consider the following matters, among others: 
1.	Whether a ruling on the petition will terminate a controversy or remove uncertainties as to the applicability to petitioner of any statutory provision, rule, or order of the Director or the Division. 
2.	Whether the petition involves any subject, question or issue that is the subject of a formal or informal matter or investigation currently pending before the Director, the Division, or a court involving one or more petitioners. 
3.	Whether the petition involves any subject, question or issue that is the subject of a formal or informal matter or investigation currently pending before the Director, the Division, or a court but not involving any petitioner. 
4.	Whether the petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling or opinion. 
5.	Whether the petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to Rule 57, Colorado Rules of Civil Procedure, which will terminate the controversy or remove any uncertainty as to the applicability to the petitioner of the statute, rule, or order in question. 
D.	Any petition filed pursuant to this rule shall set forth the following: 
1.	The name and address of the petitioner and whether the petitioner is registered pursuant to Title 12, Article 54, C.R.S.
2.	The statute, rule, or order to which the petition relates. 
3.	A concise statement of all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule, or order in question applies or potentially applies to the petitioner.
E.	If the Director determines that the Director will rule on the petition, the following procedures shall apply: 
1.	The Director may rule upon the petition based solely upon the facts presented in the petition.  In such a case: 
a.	Any ruling of the Director will apply only to the extent of the facts presented in the petition and any amendment to the petition. 
b.	The Director may order the petitioner to file a written brief, memorandum, or statement of position. 
c.	The Director may set the petition, upon due notice to petitioner, for a non-evidentiary hearing. 
d.	The Director may dispose of the petition on the sole basis of the matters set forth in the petition. 
e.	The Director may request the petitioner to submit additional facts in writing.  In such event, such additional facts will be considered as an amendment to the petition. 
f.	The Director may take administrative notice of facts pursuant to the Colorado Administrative Procedure Act at Section 24-4-105(8), C.R.S., and may utilize her experience, technical competence, and specialized knowledge in the disposition of the petition. 
2.	If the Director rules upon the petition without a hearing, the Director shall promptly notify the petitioner of such decision. 
3.	The Director may, at the Director’s discretion, set the petition for hearing, upon due notice to petitioner, for the purpose of obtaining additional facts or information or to determine the truth of any facts set forth in the petition or to hear oral argument on the petition.  The hearing notice to the petitioner shall set forth, to the extent known, the factual or other matters that the Director intends to inquire. 
For the purpose of such a hearing, to the extent necessary, the petitioner shall have the burden of proving all the facts stated in the petition; all of the facts necessary to show the nature of the controversy or uncertainty; and the manner in which the statute, rule, or order in question applies or potentially applies to the petitioner and any other facts the petitioner desires the Director to consider. 
F.	The parties to any proceeding pursuant to this rule shall be the Director and the petitioner.  Any other person may seek leave of the Director to intervene in such a proceeding, and leave to intervene will be granted at the sole discretion of the Director.  A petition to intervene shall set forth the same matters as are required by Section D of this Rule.  Any reference to a "petitioner" in this rule also refers to any person who has been granted leave to intervene by the Director. 
G.	Any declaratory order or other order disposing of a petition pursuant to this rule shall constitute agency action subject to judicial review pursuant to the Colorado Administrative Procedure Act at Section 24-4-106, C.R.S.