(a) A funeral director or manager of a funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility shall have complete authority to direct and control the final disposition and disposal of a decedent‘s remains and to proceed under this chapter to recover reasonable charges for the final disposition and disposal if:

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Terms Used In Hawaii Revised Statutes 531B-9

  • Cemetery: means any property, or part interest therein, dedicated to and used or intended to be used for the permanent interment of human remains. See Hawaii Revised Statutes 531B-2
  • Crematory: means a structure containing a furnace used or intended to be used for the conventional cremation of human remains. See Hawaii Revised Statutes 531B-2
  • Decedent: A deceased person.
  • Funeral establishment: means a place of business used in the care and preparation for interment or transportation of human remains, embalming, placing the same on display, or otherwise providing for final disposition of human remains. See Hawaii Revised Statutes 531B-2
  • Hydrolysis facility: means a structure, room, or other space in a building or structure containing hydrolysis equipment, to be used for water cremation. See Hawaii Revised Statutes 531B-2
  • Mortuary: means a place of business devoted exclusively to furnishing funeral services and related commodities. See Hawaii Revised Statutes 531B-2
  • Person: means an individual eighteen years of age or older. See Hawaii Revised Statutes 531B-2
(1) The funeral director or manager:

(A) Has no knowledge that any of the persons described in section 531B-4(a)(1) through (a)(10) exist;
(B) Has knowledge that the person or persons who may or do have the right of disposition cannot be found after reasonable inquiry or reasonable attempts to contact; or
(C) Has knowledge that the person or persons who may or do have the right of disposition have lost this right pursuant to § 531B-6; and
(2) The appropriate public authority fails to assume responsibility for disposition of the remains within thirty-six hours after having been given written notice of the decedent’s death. Written notice may be given by hand delivery, certified mail, facsimile transmission, or electronic mail transmission.
(b) Disposal of the decedent’s remains pursuant to this section shall be by any means that are not prohibited by law.

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