WSR 18-10-046 PROPOSED RULES DEPARTMENT OF LICENSING [Filed April 26, 2018, 11:02 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 18-04-029. Title of Rule and Other Identifying Information: Title 98 WAC, Cemetery board, new section, abandoned cemeteries. As outlined in HB 1907, this new section outlines the requirements for landowners to allow for burials; records management and endowment care fund requirements. Hearing Location(s): On June 12, 2018, at 10:00 a.m., at the Department of Licensing, 405 Black Lake Boulevard, Conference Room 2108, Olympia, WA 98502. Date of Intended Adoption: June 13, 2018. Submit Written Comments to: Julie Konnersman, Washington State Funeral and Cemetery Board, P.O. Box 9012, Olympia, WA 98507-9012, email jkonnersma@dol.wa.gov, fax 360-570-7098, by June 11, 2018. Assistance for Persons with Disabilities: Contact Jenni Lingle, administrative assistant, phone 360-664-1564, fax 360-570-7098, TTY 711, email funerals@dol.wa.gov. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To codify into rule the statutory requirements that any records or documents related to an abandoned cemetery must be transferred to the state archives and any endowment care funds held when the cemetery was designated abandoned must be transferred to the department of archaeology and historic preservation. Reasons Supporting Proposal: To implement new statutory requirements. Statute Being Implemented: RCW 68.60.070. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Department of licensing, governmental. Name of Agency Personnel Responsible for Drafting: Shanan Gillespie, 2000 4th Avenue N.W., Olympia, WA 98502, 360-664-1570; Implementation and Enforcement: Rick Storvick, 2000 4th Avenue N.W., Olympia, WA 98502, 360-664-1387. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. Department of licensing is exempt under RCW 24.05.328 [34.05.328] (5)(a). This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute. April 26, 2018 Damon Monroe Rules Coordinator
NEW SECTION
WAC 98-20-030 Allowing burials in an abandoned cemetery.
The definitions found in chapter 68.04 RCW apply to this section.
(1) Human remains may be buried in an abandoned cemetery only if the following conditions exist:
(a) Ownership of the interment right existed prior to the cemetery being classified as abandoned.
(b) The person(s) having the right to control disposition per RCW 68.50.160 has proof of the ownership of the interment right for the human remains to be buried.
(c) The person(s) having the right to control disposition must follow the requirements found in RCW 70.58.230 through 70.58.260 prior to the burial of human remains.
(2) Interment rights existing prior to the cemetery being classified as abandoned are not transferable, and the provisions of chapter 68.32 RCW do not apply to abandoned cemeteries.
(3) The placement of cremated remains on an existing grave in an abandoned cemetery is not permitted unless the right of interment existed prior to the cemetery being classified as abandoned.
(4) Human remains may be removed from an abandoned cemetery with the permission of the superior court of the county where the cemetery is situated and a disinterment permit per RCW 70.58.230.
(5) The person(s) having the right to control disposition may place a grave marker on the grave of human remains buried in an abandoned cemetery.
(6) The person(s) having the right to control disposition must provide a record of the burial to the department of archaeology and historic preservation.
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