Rules of the Arkansas Cemetery Board
Rule 10 Issuance or Denial of Permit for New Cemetery or Extension of Boundary of Existing Cemetery


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EFFECTIVE JANUARY 1, 1978

RULE 10 ISSUANCE OR DENIAL OF PERMIT FOR NEW CEMETERY OR EXTENSION OF BOUNDARY OF EXISTING CEMETERY
10.01 PUBLIC HEARING. 

The Board shall consider all applica­tions for a new cemetery or extension of the boundaries of an existing cemetery at a regular quarterly meeting or special meeting of the Board in accordance with Section 4 of the Act and Rule 4.

10.02 ISSUANCE OF PERMIT. 

If the application for a new ceme­tery or extension of boundaries of an existing cemetery is approved, the Board shall issue a permit to the cemetery company setting forth the legal description of the property to be used as a cemetery.  The date of the permit shall be the same date as the date of the order as set forth in Rule 4.03. 

10.03 REVOCATION OF THE PERMIT.

If the cemetery corporation fails to commence operation of the cemetery within two years from the date of the issuance of the permit, a public hearing shall be held by the Board to determine whether the permit should be revoked in the public interest.  At the hearing, the Board shall revoke the permit unless the cemetery corporation shows good cause for its failure to commence operation.  The Board may impose such reasonable requirements on the cemetery corporation as it may deem proper as a condition to not revoking its permit, including, but not limited to, the requirement that it must commence operation within a specified period. 

10.04 FILING OF PERMIT. 

The Board shall file a copy of each permit with the County Clerk of the County in which the cemetery is located and shall send a copy of each permit to the State Health Department.

 

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