(A) the authorized person of the barred individual, to submit
satisfactory proof that the conviction was overturned on appeal, to possibly
avoid the application of Health & Safety Code, §712.009; and
(B) the authorized person of the victim, to submit a document
that satisfies subsection (c)(5)(B) of this section if the conviction was
overturned on appeal, or a certified document demonstrating that the conviction
was finally upheld on appeal, to ensure that Health & Safety Code, §712.009,
will apply to interment of the barred individual.
(e) Does a written notice that complies with subsection (c)
of this section ever expire?
(1) If you are subject to a written notice that satisfies the
requirements of Health & Safety Code, §712.009(b)(2), as discussed
in subsection (c) of this section, you are bound by Health & Safety Code, §712.009,
for a period that ends seven years after the date you received the written
notice. However, the authorized representative of the victim may periodically
extend this period by sending you a written renewal notice under Health &
Safety Code, §712.009(f).
(2) If you receive a written renewal notice before the expiration
of the seven year period initiated by a previous notice, you should immediately
examine the written renewal notice, any accompanying documents, and the documents
you received in connection with any prior notice to determine if the written
renewal notice satisfies the requirements of subsection (c) of this section,
in a manner similar to the investigation you conducted under subsection (b)(2)(C)
of this section when you received the initial written notice.
(3) If a written renewal notice, any accompanying documents,
and the documents you received in connection with any prior notice collectively
satisfy the requirements of Health & Safety Code, §712.009(b)(2),
as discussed in subsection (c) of this section, the period during which you
are bound by Health & Safety Code, §712.009, will be extended for
an additional period that ends seven years after the date you received the
written renewal notice.
(f) What should I do if I have a contract to inter the barred
individual's remains and I am subject to a written notice that complies with
subsection (c) of this section? You should consult an attorney if you have
a contract to inter the remains of a barred individual. Although you are protected
from owing damages to the authorized representative of the barred individual
under Health & Safety Code, §712.009(e), if you are barred from interring
remains under that section, you will still be required to return any funds
you received under a contract that you did not earn. You and the authorized
representative of the barred individual may be able to negotiate a satisfactory
settlement to enable you to earn at least a portion of the funds you received
for the contract, such as by performing services not involving interment in
your cemetery or assisting in alternate arrangements for disposition of the
barred individual's remains.
(g) What records must I maintain if I receive a written notice?
You must maintain the following records with respect to each victim interred
in your cemetery that has been identified by a written notice:
(1) the written notice you received that identified a victim
interred in your cemetery;
(2) the documents you received with the written notice or in
response to your request for additional documents;
(3) each written renewal notice you received relating to the
initial written notice retained under paragraph (1) of this subsection;
(4) any documents you received with a written renewal notice
or in response to your request for additional documents;
(5) to the extent not already identified by prior paragraphs
of this subsection, all correspondence to or from the authorized person of
the victim or the authorized person's legal representative or attorney, including
any complaints that you were required by a written notice to comply with Health &
Safety Code, §712.009, but you inappropriately or unlawfully failed to
comply;
(6) to the extent not already identified by prior paragraphs
of this subsection, all correspondence to or from the authorized person of
the barred individual or the authorized person's legal representative or attorney,
including any complaints that a written notice was defective and did not require
you to comply with Health & Safety Code, §712.009, but you inappropriately
or unlawfully complied;
(7) all correspondence to or from your attorney concerning
a written notice or related matters, subject to valid claims of privilege;
(8) if interment is authorized under Health & Safety Code, §712.009(d),
documents demonstrating that you interred the barred individual in a place
that is as far away as possible from the place you interred the victim;
(9) any contract that purported to require interment of the
barred individual in your cemetery and, to the extent not already identified
by prior paragraphs of this subsection, all correspondence, agreements, modifications,
releases, cancelled checks, and deposit slips relating to the resolution of
claims related to the contract; and
(10) to the extent not already identified by prior paragraphs
of this subsection, all correspondence, pleadings, briefs, and court orders
relating to litigation you initiated or defended with regard to issues of
compliance or noncompliance with Health & Safety Code, §712.009.
(h) How long must I retain records relating to a written notice
I received?
(1) With respect to a written notice that you determined was
invalid and did not require you to comply with Health & Safety Code, §712.009,
you must retain the records specified by subsection (g) of this section at
least until the day after the third anniversary of the date you received the
written notice.
(2) With respect to a written notice that you determined met
the requirements of Health & Safety Code, §712.009, you must retain
the records specified by subsection (g) of this section at least until the
day after the 10th anniversary of the date you last received a written notice
or renewal notice (i.e., the day after the third anniversary of the date the
effective period of the last written notice or renewal notice expired).
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