Cemetery Act for Perpetually Maintained Cemeteries


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20-17-1006. Arkansas Cemetery Board - Powers and duties.

 

The Arkansas Cemetery Board shall have the authority to:

 

(1)

Conduct at any time and from time to time such reasonable periodic, special, or other examination of any cemetery or cemetery company, including, but not limited to, an examination of the physical condition or appearance of the cemetery, the financial condition of the company and any trust funds maintained by the company, and such other examinations as the board or secretary deems necessary or appropriate in the public interest.  The examinations shall be made by members or representatives of the board or by a certified public accountant or registered public accountant as authorized in § 20-17-1007;

(2)

Issue or amend permits to operate a cemetery in accordance with the provisions of this subchapter;

(3)

Suspend or revoke permits to operate a cemetery when any cemetery fails to comply with the provisions of this subchapter, rules promulgated pursuant to this subchapter, or any order of the board;

(4)

Make rules, regulations, and forms to enforce the provisions of this subchapter;

(5)

Require every cemetery company to observe minimum accounting principles and practices and make and keep such books and records in accordance therewith for such period of time as the board may by rule prescribe;

(6) (A)

Subpoena witnesses, books, and records in connection with alleged violations of this subchapter or rules or orders of the board. The secretary of the board with the approval of the chair or two (2) board members may issue subpoenas.

(B)

In case of contumacy by or refusal to obey a subpoena issued to any person, the Circuit Court of Pulaski County, upon application by the board, may issue to the person an order requiring him or her to appear before the board or the person designated by the board. Failure to obey the order of the court may be punished by the court as a contempt of court;

(7)

Require additional contributions to the permanent maintenance fund of the cemetery where provided for in this subchapter, including, but not limited to, contributions not to exceed three thousand dollars ($3,000) whenever any cemetery company fails to properly care for and maintain or preserve the cemetery;

(8) (A)

Apply to the Chancery Court of Pulaski County to enjoin any act or practice and to enforce compliance with this subchapter or any rule, regulation, or order pursuant to this subchapter whenever it appears to the board, upon sufficient grounds or evidence satisfactory to the board, that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this subchapter or any rule or regulation pursuant to it.  

(B)

The court may not require the board to post a bond;

(9)

Apply to the chancery court of the county in which the cemetery is located for appointment of a receiver or conservator of the cemetery corporation or its permanent maintenance fund when it appears to the board that a cemetery corporation is insolvent or that the cemetery corporation, its officers, directors, agents, or the trustees of its permanent maintenance fund have violated this subchapter and the rules promulgated under it or have failed to comply with any board order; and

(10)

Increase, in accordance with regulations adopted by the board, the percentage of the gross proceeds of the sale of any grave space, crypt, niche, or similar entombment required to be deposited into the permanent maintenance fund of the cemetery in accordance with § 20-17-1016 whenever it is determined that the principal of the permanent maintenance fund is or will be insufficient to generate enough income to operate and maintain the cemetery.

History.  Acts 1977, No. 352, § 5; 1981, No. 512, § 2; A.S.A. 1947, § 82-426.5; Acts 1997, No. 295, § 3; 2001, No. 1242, § 2.