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crematory. (e) A description of the type of structure and equipment to be used in the operation of the crematory. (f) Copies of all applications for and any licenses or permits issued for a crematory to operate in a state. (g) Any further information that the Regulatory Authority may reasonably require. E. Each crematory authority shall file an annual report with the Regulatory Authority for license renewal, accompanied with a fee in the amount of $_____, providing any changes required in the information provided under Subsection D or indicating that no changes have occurred. The annual report shall be filed by a crematory authority on or before March 15 of each calendar year, in the Regulatory Authority. If the fiscal year of a crematory authority is other than on a calendar year basis, then the crematory authority shall file the report required by this Section within 75 days after the end of its fiscal year. The Regulatory Authority shall, for good cause shown, grant an extension for the filing of the annual report upon written request of the crematory authority. An extension shall not exceed 60 days. The Regulatory Authority may grant additional 60 day extensions in good cause. If a crematory authority fails to submit an annual report to the Regulatory Authority within the time specified in this Section, the Regulatory Authority shall impose upon the crematory authority a penalty of $_______ for each and every day the crematory authority remains delinquent in submitting the annual report. F. All records relating to the registration and annual report of the crematory authority required to be filed under this Section shall be subject to inspection by the Regulatory Authority upon reasonable notice. Explanation It is not intended by CANA that any new requirements be established for crematories already established. Such operations should be allowed to obtain a license without being subject to any new requirements unless there is reason to believe they are violating the laws or are dangerous to the public. G. No person, cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization or any other entity shall cremate any human remains, except in a crematory licensed for this express purpose and under the limitations provided in this Act. PART 3: AUTHORIZING AGENT A. The following persons, in the priority listed, shall have the right to authorize cremation of human remains: (1) Any person acting on the instructions of a decedent who authorized his or her own cremation through the execution, on a pre-need basis, of a crematory authorization form which specifically states that no changes can be made by survivors as set out in Subsection 12 (B) (1) of the Law, unless the authorization specifically provides for a designated survivor to alter the arrangements under Subsection 12 (B) (2) of this Law, and the designated survivor has contacted the crematory authority and expressed the desire to alter the arrangements. The actions of such a designated survivor, however, shall not prevent another individual, who has a priority right superior to that of the designated survivor according to this Section, from authorizing the cremation of the decedent by executing a new cremation authorization form. (2) The individual who was the spouse of the decedent at the time of the decedent’s death unless: (a) The decedent was legally separated from the person's spouse. (b) A petition for divorce or for legal separation from the decedent’s spouse was filed before the person's death and remains pending at the time of death. Page 7 of 13 (3) On the person who is designated as having power of attorney for the decedent in the decedent's most recent health care power of attorney if that power of attorney specifically gives that person the authority to make decisions regarding the disposition of the decedent's remains or a durable power of attorney if that power of attorney specifically gives that person the authority to make decisions regarding the disposition of the decedent's remains. (4) The majority of the decedent’s surviving adult children. (5) The decedent’s surviving parent. If the decedent is survived by two parents, a parent who confirms in writing the notification of the other parent may serve as the authorizing agent, unless the crematory authority receives a written objection to the cremation from the other parent. (6) The person in the next degree of kinship under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may serve as the authorizing agent. (7) In the case of indigents or any other individuals whose final disposition is the responsibility of the State or Province or any of its instrumentalities, a public administrator, medical examiner, coroner, State or Province appointed guardian, or any other public official charged with arranging the final disposition of the decedent may serve as the authorizing agent. (8) In the absence of any person under paragraphs (1) through (7) who is financially capable of providing for the burial or other funeral and disposition arrangements, or cannot be located on reasonable inquiry, any person willing to assume the responsibility as authorizing agent, or by court order. Explanation In the case of multiple surviving agents with equal authority, CANA recommends a majority
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