California Cemetery Manager Exam Questions And Answers.

Cemetery Broker - A person who, other than in reference to an occasional sale, sells, or offers for sale, buys or offers to buy, lists, leases or offers to lease, or solicits, or negotiates the purchase or sale, lease or exchange of cemetery property or interment services, or interest therein, for his or her own account or for another Cemetery Salesperson - Natural person who, other than in reference to an occasional sale, is employed by a cemetery broker to sell, or offer for sale, list or offer to list, or to buy, or to offer to buy, or to lease, or to solicit, or to negotiate the purchase or sale or lease or exchange of cemetery property or interment services, or any interest therein, for his or her own account or for another Cemetery Manager - Person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental to, the maintaining, operating or improving a cemetery, interment of human remains, and the care, preservation, and embellishment of cemetery property Crematory Manager - Person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental to, the maintaining, or operating a crematory Cemetery Licensee - Any cemetery broker, cemetery salesperson, or cemetery manager Crematory Licensee - Corporation, partnership, or natural person licensed and shall mean a cemetery licensee for purposes of disciplinary action Crematory Remains Disposer - Person who, for his or her own account or for another, disposes of, or offers to dispose of, cremated human remains by scattering over or on land or sea Public Cemetery - Cemetery owned and operated by a city, county, city and county, or public cemetery district Non Applicable Cemeteries - Religious, public, and any private or fraternal burial park under 10 acres established prior to Sept 19, 19392Cemetery Information Disclosed - Owner of each cemetery, the name of the cemetery, the business address of the cemetery owner, and the physical address of the cemetery Employees with License Issues - Manager shall inform bureau within 30 days of being informed of any employee with a previous license that has been revoked, suspended, on probation, or surrendered Annual Cemetery Report - On or before June 1, or within five months after close of their fiscal year including number of square feet of grave space and the number of crypts and niches sold or disposed of under endowment care, amount deposited in endowment care fund, statement showing separately the total amount of general and special endowment care funds, and use of endowment care funds Annual Audit Report - Signed by CPA or public accountant, includes inspection, review, and audit of the general purpose financial statements of the endowment care fund and special care fund, which shall include the balance sheet, the statement of revenues, expenditures, and changes in fund balance. 30 day extension possible. Change in trustee must be reports within 30 days. Change from calendar to fiscal reporting as long as reporting period does not exceed one year. Filed with county clerk. Annual Audit Penalties - $400 fine per month (up to 5 months) for a late report. Failure to pay within 15 days shall be cause for disciplinary action. Endowment Care Examination - At least once every five years and as deemed necessary, when cemetery authority fails to file report required, when the accountant or auditor qualifies his or her certification of the report. Examination paid for by cemetery authority or face revocation. Examination Details - Bureau shall have free access to the books and records relating to trust funds and expenditures of the funds Limited Liability Company - No licensee shall have ownership interest as a member in a limited liability company certificated as a cemetery authority. Endowment Care Control - Bureau may administer oaths, inadequate funds may require bureau to enforce rules, reinvest funds in conformity with code. Superior court of the county of principal officeshall force receivership (may be due to embezzled or wrongfully diverted fund). Costs of any actions can be taken from available income from any endowment care fund. Bureau to become custodian of funds Preneed Disclosure - Every cemetery authority shall present to the survivor of the deceased who is handling the burial or cremation arrangements or the responsible party a copy of any preneed agreement that has been signed and paid in full, or in part, by or on behalf of the deceased and is in the possession of the cemetery authority. Penalty three times the cost of the preneed of $1,000, whichever is greater. Contract Requirements - Must have Bureau contact info on first page of any sale contract in 8- point boldface type Consumer Guide - Must make available to consumers a copy of the Consumer Guide to Funeral and Cemetery Purchases to anyone that requests it. Must give a copy prior to drafting a contract. Unlicensed Activity - Must have a license to act as broker/salesperson. Cannot sue for payment unless you are licensed. Cannot pay other to perform unless they are license. Unlicensed activity is a misdemeanor up to $5,000 Speculation - Salesperson cannot guarantee or represent financial profit of reselling property. Broker may be punished if they had knowledge Advertising - All advertising to include statement that they are acting as a broker/salesperson Broker Requirements - Filled out application, pass test, be a resident of the state, has been salesperson for 2 years, surety bond of $10,000, have and maintain definite place of business, must display sign in conspicuous place that they are a licensed broker (5 1/2" high x 8 1/2" wide) Salesperson Requirements - Fill out application, no exam, properly qualified, no against public interest, intends to carry on business, actually engaging in business Displaying License - Licenses for broker/salesperson must be prominently displayed in the office of the broker. Once salesperson leave employ of broker, salesperson's license goes back to bureau.Certificate of Authority Application - Fill out application and pay fee, must have licensed cemetery manager, investigation to be made of physical status, plans, specs and financing Application shall include (among others): - Application to planning commission for a cemetery use permit - Declaration of dedication to cemetery purposes certified by county recorder - Endowment care trust agreement executed by the board of directors of cemetery authority Cemetery Inspections - Bureau shall inspect books, records and premises. All areas shall be made available to bureau during regular office hours. No prior notification is required. Minimum one inspection per year. Cemetery Manager Designation - A cemetery manager shall be designated at all times. Cemetery must notify bureau of change in designation within 10 days of effective date. Manager must hold a current, unexpired license. Cremated Remains Disposer - A copy of boating and/or pilots license must be posted if disposer is a captain and/or pilot performing the scattering. Must post, at the place of business, the address of the location where cremated remains are stored. Unlicensed scattering is a misdemeanor, each count charged separately Cemetery Regulatory Charge - Yearly charge of $400. $8.50 for each burial, entombment, or inurnment made during the preceding quarter she be paid to the bureau and charges go in the Cemetery Fund Unlicensed Operation - Making interments without a valid unexpired certificate of authority is a misdemeanor and each interment shall be a separate violation Crematory Operations - No crematory shall conduct any cremations: without a written contract, of remains more than 24 hours after delivery (unless embalmed or refrigerated), without contractual relationship with a licensed cemetery authority to dispose of remains not claimed within 90 days.Sharing Cemetery Manager Conditions - - Common Ownership - One cemetery designated as Main Office - Other cemetery is within 60 miles of Main Office - Fill out application, pay fee - Undergo inspection Bureau will notify applicant within 14 days of receipt whether the application is complete and acceptable and shall make a decision within 30 days after application is deemed complete Cemetery Maintenance Standards - Every endowment care cemetery shall have maintenance standards to ensure the property is kept in a condition so as to prevent the cemetery's offensive deterioration, clear delineation of undeveloped cemetery property, may establish written rules and regulations, shall include statement notifying consumers that standards are available for inspection in cemetery office Non-endowment Care Signs - - 16" high and 24" wide - Mounted upright - Black Letters - Heading: NONENDOWMENT CARE SECTION (4" high" - Phrase: This section is nonendowment care interment property (1 1/4" high)