QUESTIONS AND ANSWERS
All cemeteries must abide by these rules except for:
1 of 2 - ANS Religious cemeteries with less then 5 acres & only single depth spaces, County &
Municipal cemeteries, community & nonprofit associations with only single level spaces & do
not sell burial space or merchandise
All cemeteries must abide by these rules except for:
2 of 2 - ANS Columbarium of less then 1/2 acre owned by a religious group and subject to
local govt zoning, family cemeteries that do not sell merchandise, mausoleum consisting of 2
acres or less and owned by a religious group
What investigations and mediation procedures do an exempted cemetery must submit to if a
consumer complains: - ANS 1.) make every effort to resolve the complaint
2.) if not resolved the cemetery must advise of the right to seek investigation & mediation
3.) If the department gets a complainant they shall try to resolve by phone with both parties
4.) if not resolved the department must conduct an investigation & mediate the complaint
5.) if department investigates charge $300 for services
6.) if not resolved a fine can be issued
Can a cemetery deny space because of race, creed, marital status, sex, national origin, or color?
- ANS No
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,Can the license authority define classes of cemeteries? - ANS Yes, they can be defined based
off of size of cemetery (ex: a large cemetery w/ no trees vs. a small cemetery w/ lots of trees)
What is the application process for applying for a cemetery? - ANS they must fill out the
application, applicant must be a business, application must have name, place of business, date
of formation, & tax number or business, sketches and audit concerning the partners, all names
the business will operate under, location of cemetery, 30 contiguous acres, $50,000 in care &
mentiance, maps & surveys of proposed cemetery, must never had a license taken away,
fingerprinted,
Can the license of the cemetery be sold, assignable, or transferable? - ANS No, any person or
company that wishes to purchases a cemetery shall first apply to the license authority to obtain
approval
How can a person withdraw or transfer any assets within the care & maintenance trust fund? -
ANS By first obtaining written consent from the licensing authority
What are the two withdrawal methods from the care and Maintenance trust fund: - ANS 1.)
Net income withdrawal - net income to be withdrawn from the trust as earned monthly
2.) Total return method- licensee shall multiply the average market value by the total % and
withdraw 1/4th
When should the funds be deposited into the care and Maintenance trust fund? - ANS 30
days following the close of the calendar month in which payment was received
What happens to payments that have been made on contracts that have been canceled to the
care and Maintenance trust fund ? - ANS provided that they have been refunded to the
purchasers, a credit will be given against future obligations
What % of payments should be made to the care and Maintenance trust fund?
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, What is the minimum payment to be deposited. - ANS 10%
Minimum $25.00
Each year when should the trustee furnish adduces financial reports? - ANS On or before
April 1
What should the map of the proposed cemetery show? - ANS 1. the number of grave spaces
available for sale
2. the location of each grave space
3. the number of designations assigned to each grave space
4. the dimensions of of standard adult grave space
Records should be kept for every burial in the cemetery. What information needs to be kept? -
ANS 1. date of burial
2. name of person buried
3. lot, plot, and space burial was made
All financial records should be available at its principle place of business.
What fees can a cemetery charge? - ANS 1. Burial Rights
2. Burial Merchandise
3. Burial Fees
4. Opening and closing
5. $50.00 fee for transferring burial rights
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