The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6830 January 3, 1995 COUNTY MEDICAL EXAMINER: Authority to sign cremation authorizations COUNTY BOARD OF COMMISSIONERS: Authority to impose a fee for signing cremation authorizations A county medical examiner is required to review and determine whether to sign cremation authorizations. A county board of commissioners may impose a fee for a county medical examiner to sign a cremation authorization. Honorable John T. Llewellyn State Representative The Capitol Lansing, Michigan You have asked two questions relating to county medical examiners. Your first question may be stated as follows: Is a county medical examiner required to review and determine whether to sign cremation authorizations? The Public Health Code, 1978 PA 368, section 2848) (3), MCL 333.2848(3); MSA 14.15(2848)(3), provides that where the final disposition of a dead body "is by cremation, the medical examiner of the county in which death occurred shall sign the authorization." See, also, MCL 52.210; MSA 5.953(10). Where a statute is plain, certain and unambiguous, the Legislature must have intended what it has clearly stated. Owendale-Gagetown School Dist v State Bd of Education, 413 Mich 1, 8; 317 NW2d 529 (1982). The language contained in section 2848(3) of the Public Health Code is plain, certain and unambiguous. It requires obtaining a cremation authorization signed by the county medical examiner before a deceased body may be cremated. It is my opinion, therefore, in answer to your first question, that a county medical examiner is required to review and determine whether to sign cremation authorizations. Your second question may be stated as follows: Whether a county board of commissioners may impose a fee for a county medical examiner to sign a cremation authorization. The compensation of a county medical examiner is fixed and paid by the county board of commissioners as provided for in 1953 PA 181, section 1e, MCL 52.201e; MSA 5.953(1e): The compensation of the county medical examiners and deputy county medical examiners shall be such as is appropriated by the county board of supervisors. The county medical examiner and deputy county medical examiners shall receive, in addition to compensation, their actual and necessary traveling and other expenses, within the appropriation made therefor by the county board of supervisors. In section 1e of 1953 PA 181, quoted above, the Legislature has commanded a county board of commissioners to fix and pay the salary of the county medical examiner. In MCL 46.11(j); MSA 5.331(j), the Legislature has authorized a county board of commissioners to "[d]irect and provide for the raising of money necessary to defray the current expenses and charges of the county and the necessary charges incident to or arising from the execution of the board's lawful authority, subject to the limitations prescribed in this act." The salary of the medical examiner and costs of operating his office are current expenses of the county. A portion of that expense is the time devoted to processing cremation authorizations by the county medical examiner. Under MCL 46.11(j); MSA 5.331(j), the county board of commissioners may raise money to defray current county expenses. The cremation authorization fee must not exceed the cost of processing the cremation authorizations. Letter Opinion of the Attorney General to Senator DiNello, dated May 11, 1992, and authorities cited therein. Whether the fee here in question exceeds the cost of the service is a fact question beyond the scope of the opinion process. It is my opinion, therefore, in answer to your second question, that a county board of commissioners may impose a fee for a county medical examiner to sign a cremation authorization. (1) Frank J. Kelley Attorney General (1 County medical examiners lack the authority to charge fees for their services)