Rules of the Arkansas Cemetery Board
Rule 12 Modification of Permits


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EFFECTIVE JANUARY 1, 1978

RULE 12 MODIFICATION OF PERMITS
12.01 APPLICATION BY PERMIT HOLDER. 

Applications to the Board for modification of a permit filed pursuant to Section 12 of the Act need not be in any specific form but must be in writing and under oath in not less than eight (8) copies and contain the information and exhibits required by Section 12 of the Act. 

12.02 MODIFICATIONS DETERMINED BY BOARD. 

If the Board or its representatives determine that the facts set forth in an application which resulted in the issuance of a permit under this Act have changed or an amendment to the permit may be necessary, the Board may consider whether the present permit needs to be amended.  The cemetery company presently holding the permit shall be notified of the Board's decision to review the existing permit and shall be given an opportunity at the hearing to present evidence.

12.03 PERCENTAGE OF CONTRIBUTION TO TRUST. 

The amount or percentage to be placed in the permanent maintenance fund for mausoleum crypts, columbariums or niches shall be determined and fixed by the Board when permits are issued or amended.  In no event shall the contribution per mausoleum crypt be less than $40.00. 

12.04 PUBLIC HEARING. 

The Board shall consider a modifica­tion or amendment to an existing permit at a regular or special meeting of the Board in accordance with Section 4 of the Act and Rule 4. 

12.05 ISSUANCE OF PERMITS. 

If the Board determines that an existing permit should be amended, the Board shall issue a new permit.  The new permit shall supersede the previous permit.  The new amended permit shall be filed with the County Clerk in the county in which the cemetery is located and a copy sent the State Health Department.

 

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