O.C.G.A.

O.C.G.A. § 43-18-80 (2019)

Authorizing agent; statement specifying disposition of cremated remains; shipment of remains

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Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) For the purposes of this Code section, “authorizing agent” means a person legally entitled to authorize the cremation of human remains.

(b) The authorizing agent shall provide to the funeral establishment in which the cremation arrangements are made a signed statement specifying the ultimate disposition of the cremated remains, if known. A copy of this statement shall be retained by the funeral establishment offering or conducting the cremation.

(c) Cremated remains shall be shipped only by a method that has an internal tracking system available and that provides a receipt signed by the person accepting delivery.

(d) The authorizing agent shall be responsible for the disposition of the cremated remains. If, after 60 days from the date of cremation, the authorizing agent or his or her representative has not specified the ultimate disposition or claimed the cremated remains, the funeral establishment or entity in possession of the cremated remains shall send a notification to the authorizing agent notifying him or her that, pursuant to this subsection, failure to respond to such notification and specify the final disposition of the cremains within 30 days of the transmission of such notice shall authorize the funeral establishment to make arrangements for the disposition of the cremains. If, after 30 days, the funeral establishment or entity in possession of the cremated remains has not received instructions from the authorizing agent describing a specific method of disposing of the cremains, the funeral establishment or entity in possession of the cremains shall be authorized to dispose of the cremated remains in a dignified and humane manner by entombing such cremains in a crypt or underground in accordance with local and state law or by storage in the funeral establishment. The final resting place of the cremains shall be clearly marked and recorded by the funeral establishment entombing the cremains. Any costs or fees incurred to entomb, inter, or disinter the cremains shall be the responsibility of the authorizing agent; provided, however, that such cost shall not exceed $100.00.

History

Code 1981, § 43-18-80, enacted by Ga. L. 2009, p. 292, § 3/HB 68.

ARTICLE 2 CONTRACTS FOR PRENEED FUNERAL SERVICES 43-18-90 through 43-18-108. [Reserved] History. Ga. L. 2000, p. 882, § 4, effective July 1, 2000, repealed and reserved this article. The former article, relating to contracts for preneed funeral services, consisted of Code Sections 43-18-90 through 43-18-108 and was based on Ga. L. 1966, p. 398, §§ 1-16; Ga. L. 1974, p. 275, §§ 2-8; Ga. L. 1982, p. 3, § 43; Ga. L. 1986, p. 855,

§§ 14-22; Ga. L. 1991, p. 94, § 43; Ga. L. 1993, p. 123, § 39; Ga. L. 1994, p. 97, § 43; repealed by Ga. L. 2000, p. 882, § 4, effective July 1, 2000.

Annotations

Editor’s notes. Ga. L. 2000, p. 882, § 4 repealed and reserved this article, effective July 1, 2000.

CHAPTER 19 GEOLOGISTS Sec.

Short title. Purpose of chapter. Definitions. State Board of Registration for Professional Geologists; members. Board meetings; officers. General powers and duties of board. Service of appeals, documents, and legal process on division director. [Reserved] Official records and affidavits as evidence. [Reserved] Code of professional conduct. Registration required. Application. Qualifications of applicants. Examinations. Reciprocity. Issuance of certificates of registration; renewal or replacement.

Administrative rules and regulations. Administration, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia State Board of Registration for Professional Geologists, Chapter 265-1.

Sec.

Denial, suspension, or revocation of certificate; appeal. [Reserved] Reissuance of certificates. Certification in a specialty. Seals. [Reserved] Requirement that state and subdivisions contract only with registered geologists. [Reserved] Subpoena. Attorney General as legal adviser. [Reserved] Filing of complaints. Exceptions to operation of chapter. Partnership, limited liability, and corporate practice; nonpublic geological services; practice by nonresident or new resident. Unlawful acts. Penalty. [Repealed] Termination.

Standards of conduct, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia State Board of Registration for Professional Geologists, Chapter 265-8.

RESEARCH REFERENCES Am. Jur. 2d. 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

C.J.S. 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 14441448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S.,

States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281. ALR. Failure to procure occupational or busi-

ness license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834; 42 A.L.R. 1226; 118 A.L.R. 646.