Utah Code 58-9-612. Limitation of liability
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(1) An authorizing agent who signs a cremation authorization form warrants the truthfulness of the facts set forth on the form, including:
Terms Used In Utah Code 58-9-612
- Authorizing agent: means a person legally entitled to authorize the cremation or the alkaline hydrolysis process of human remains. See Utah Code 58-9-102
- Cremated remains: means all the remains of a cremated body recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions and may possibly include the residue of foreign matter including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Utah Code 58-9-102
- Cremation: means the technical process, using direct flame and heat, or a chemical process, that reduces human remains to bone fragments through heat and evaporation, or a chemical process, and includes the processing and usually the pulverization of the bone fragments. See Utah Code 58-9-102
- Disposition: means the final disposal of a dead human body by:(16)(a) earth interment;(16)(b) above ground burial;(16)(c) cremation;(16)(d) calcination;(16)(e) alkaline hydrolysis;(16)(f) burial at sea;(16)(g) delivery to a medical institution; or(16)(h) other lawful means. See Utah Code 58-9-102
- Funeral service: means a service, rite, or ceremony performed:
(19)(a) with respect to the death of a human; and(19)(b) with the body of the deceased present. See Utah Code 58-9-102- Funeral service establishment: includes :
(21)(b)(i) all portions of the business premises and all tools, instruments, and supplies used in the preparation and embalming of dead human bodies for burial, cremation, alkaline hydrolysis, and final disposition as defined by division rule; and(21)(b)(ii) a facility used by the business in which funeral services may be conducted. See Utah Code 58-9-102(1)(a) the identity of the deceased whose remains are to be cremated; and(1)(b) the authorizing agent’s authority to order the cremation.(2) A funeral service establishment may rely upon the representations made by an authorizing agent under Subsection(1) .(3) The authorizing agent is personally and individually liable for all damage resulting from a misstatement or misrepresentation made under Subsection(1) .(4)(4)(a) A funeral service establishment may arrange for the cremation of and cremate human remains upon receipt of a cremation authorization form signed by an authorizing agent.(4)(b) A funeral service establishment that arranges a cremation, cremates human remains, or releases or disposes of cremated human remains pursuant to a cremation authorization form is not liable for an action it takes pursuant to that authorization.(5) A funeral service establishment is not responsible or liable for any valuables delivered to the establishment with human remains to be cremated.(6) A funeral service establishment may refuse to arrange for a cremation, to accept human remains for cremation, or to perform a cremation:(6)(a) if the establishment is aware of a dispute concerning the cremation of the human remains and it has not received a court order or other suitable confirmation that the dispute has been resolved;(6)(b) if the establishment has a reasonable basis for questioning any of the representations made by an authorizing agent; or(6)(c) for any other lawful reason.(7)(7)(a) If a funeral service establishment is aware of a dispute concerning the release or disposition of cremated remains in its possession, the establishment may refuse to release the remains until:(7)(a)(i) the dispute has been resolved; or(7)(a)(ii) it has received a court order authorizing the release or disposition of the remains.(7)(b) A funeral service establishment is not liable for its refusal to release or dispose of cremated remains in accordance with this Subsection(7) . - Funeral service: means a service, rite, or ceremony performed: