QUESTIONS WITH ANSWERS GUARANTEE A+
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 office shall 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