| (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 and 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
and 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 and Safety Code, §712.009(b)(2), as
discussed in subsection (c) of this section, you are bound by Health
and 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 and 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 and Safety Code, §712.009(b)(2),
as discussed in subsection (c) of this section, the period during
which you are bound by Health and 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 and 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 and 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 and 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 and 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 and
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 and 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 and 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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