| (a) Each application for licensure shall contain the
name to be used on the license.
(b) Upon receiving an application for a new establishment
license, the Commission shall review establishment names in its database.
The Commission shall issue the license in the requested name when
all licensing requirements are satisfied, unless the Commission determines
that the name is deceptively or substantially similar to the name
of another licensed establishment in the same county, metropolitan
area, municipality, or service area. In these instances, the Executive
Director shall deny a license for a name that is deceptively or substantially
similar to the name of another establishment, unless that establishment
agrees in writing to the name's use.
(c) An establishment's licensed name may be changed
by following the procedure outlined in §203.9 of this title (relating
to Licensure of Funeral Establishments and Commercial Embalming Establishments)
and by satisfying the requirements of subsection (b) of this section.
(d) An applicant for approval of a new or changed name
may appeal the Executive Director's denial of the request to the Commissioners.
The Commissioners' decision is final.
(e) All advertising on a website controlled by an entity
licensed by the Commission must operate as follows:
(1) The licensed name of the entity, or a registered
trademark or registered trade name belonging to the licensed entity
and the establishment's license number must appear on the contact
information page.
(2) Irrespective of the name on the website, provisions
must be made on the website so that an individual who wishes to enter
into a funeral-related transaction must not be able to complete such
a transaction without openly and apparently dealing with the licensed
entity under the licensed name as reflected in the records of the
Commission.
(3) All locations advertised shall be licensed by the
Commission.
(f) No funeral establishment, commercial embalming
establishment, or crematory shall advertise in a manner which is false,
misleading, or deceptive.
(g) A cremation society's website and any advertising
shall be linked with a licensed funeral establishment or licensed
crematory establishment. The licensed funeral establishment and its
location shall be provided on the website or advertising.
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