37.8.816    DISINTERMENT PERMITS

(1) A disinterment permit must be completed and filed using a department disinterment permit form.

(2) Disinterment permit forms are available from the local registrar and will be provided to the registrar by the department.

(3) The request for disinterment must be made by the decedent's next of kin, by an order from a Montana district court with appropriate jurisdiction, or by a public official authorized by law to make such a request. The endorsement on the permit must indicate the source of authority for the request and reasonable cause for the disinterment. If there is a dispute about a disinterment, and all affected parties do not concur, an order from a Montana district court with appropriate jurisdiction directing the disinterment is required.

(4) The permit consists of five copies that must be distributed as follows:

(a) The original copy must accompany the body for use by the receiving cemetery or crematory.

(b) A copy must be retained by the cemetery where the disinterment occurs, by the applicant to whom the permit is issued, and by the local registrar.

(c) A copy must be sent to the department.

(5) To facilitate and assure proper accounting, the department may issue prenumbered permit forms to local registrars as required.

History: 50-15-102, 50-15-407, MCA; IMP, 50-15-407, MCA; NEW, Eff. 8/4/73; AMD, 1981 MAR p. 1188, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2008 MAR p. 169, Eff. 1/1/08.