R436-8-4. Authorization for Disinterment and Re-interment

An authorization for disinterment and re-interment of a dead body shall be issued by the local registrar of the district where the body is interred or by the State Registrar, upon receipt of a written application signed by the next of kin and the person who is in charge of the disinterment, or upon receipt of an order of a court of competent jurisdiction directing such disinterment. If the next of kin are in disagreement regarding the disinterment, the State Registrar may require a court order before issuing the disinterment permit.

Upon the relocation of a cemetery, the State Registrar or local registrar may issue a single disinterment permit to allow for mass disinterment of all bodies located in the cemetery. Prior to the issuance of this permit, the registrar must receive written agreement that insofar as possible, the remains of each body will be identified and the place of disinterment and re-interment will be specified and provided to the sexton of the cemetery where re-interment occurs.

A dead body properly prepared by an embalmer and deposited in a receiving vault shall not be considered a disinterment when removed from the vault for final disposition.