456.521 Cemetery regulation act; short title. Sec. 1. This act shall be known and may be cited as the “cemetery regulation act”. History: 1968, Act 251, Eff. Sept. 15, 1968 Compiler’s Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department […]
456.522 Definitions. Sec. 2. As used in this act: (a) “Cemetery” means 1 or a combination of more than 1 of the following: (i) A burial ground for earth interments. (ii) A mausoleum for crypt entombments. (iii) A crematory for the cremation for human remains. (iv) A columbarium for the inurnment of cremated remains. (b) […]
456.522a Commissioner, spouse, or child; financial interest in cemetery, cemetery operations, supplier, or funeral establishment prohibited. Sec. 2a. The cemetery commissioner, or the commissioner’s spouse or child, shall not have a direct or indirect financial interest in a cemetery, cemetery operations, a supplier of cemetery services or cemetery memorials, or a funeral establishment as defined […]
456.523-456.527 Repealed. 1982, Act 132, Imd. Eff. Apr. 20, 1982. Compiler’s Notes: The repealed sections pertained to the creation and membership of the state cemetery commission.
456.528 Commissioner; rules. Sec. 8. (1) The commissioner shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement and administer this act, including, but not limited to, rules regarding all of the following: (a) The maintenance of records relative to the financial aspects of cemeteries. (b) […]
456.529 Commissioner; hearings; investigations; oaths; testimony; witnesses; production of books and records; subpoena; abandoned cemeteries; failure to obey subpoena; perjury; violation of act, rule, or order; powers of commissioner; injunction or restraining order; appointment of receiver or conservator; powers; sale of cemetery; notice to creditors and filing of claims; denial of application; suspension or revocation […]
456.529a Performance of duties of commissioner; assistance from all departments, state agencies, public bodies corporate, committees, commissioners, officers of state, and any political subdivision. Sec. 9a. All departments, state agencies, public bodies corporate, committees, commissioners, or officers of this state, and any political subdivision of this state, so far as is compatible with their duties, […]
456.529b Consultants; contracts. Sec. 9b. The commissioner may enter into contracts to accomplish requirements under this act, including for the engagement of consultants. The commissioner may use an authorized employee or agent, who is an attorney, to represent the commissioner or the department in a contested case proceeding brought under this act. History: Add. 2008, […]
456.530 Commissioner; auditing trust funds; registration of cemeteries; exemptions. Sec. 10. (1) The commissioner shall institute and maintain a system of auditing trust funds required by this act and of registering each cemetery authorized to be created, maintained, and operated in this state, as well as any other cemetery operating under state law or local […]
456.531 Commissioner; registration fee; renewal blank and notice. Sec. 11. The commissioner shall charge an annual registration fee of $20.00 per year for each cemetery registered. Not less than 90 days before the expiration date prescribed in section 15, the commissioner shall cause a renewal blank to be mailed to each registrant, together with a […]
456.532 Permit for registration required; acquisition of controlling interest in cemetery company; application for certificate of approval; contents; issuance; fee; noncompliance; escrow of endowment and perpetual care trust fund; prohibited use of funds; “controlling interest” defined. Sec. 12. (1) A person shall not establish a cemetery without a valid permit or operate an existing cemetery […]
456.532a Examining affairs of cemetery or person; inspection or audit of books, papers, records, and documents; audit charges. Sec. 12a. (1) The commissioner or an examiner, investigator, or other person the commissioner may appoint, may visit and examine the affairs of any cemetery or person required to register under this act and shall have free […]
456.533 Establishment of cemetery; application for permit; investigation fee; conduct of investigation; notice to commissioner of certain changes; order to void certain appointments. Sec. 13. (1) Any person desiring to establish a cemetery shall file with the commissioner, on forms furnished by the commissioner, an application for a permit to establish a cemetery. The application […]
456.533a Circumstances causing person to be ineligible as cemetery owner or holder of controlling interest; factors for determining eligibility. Sec. 13a. (1) Notwithstanding any other provisions governing eligibility as a cemetery owner, a person may be ineligible to become a cemetery owner or hold a controlling interest in a cemetery company if any of the […]
456.534 Granting or refusing to grant permit; denial of application; procedures. Sec. 14. After receipt of the investigation fee and application, and after investigation, the commissioner shall grant or refuse to grant the permit. If the commissioner decides to deny the application for a permit, he or she shall follow the procedure set forth in […]
456.535 Registration of cemetery; date; application; form; fee; expiration; procedure for denying registration; late penalty filing fee. Sec. 15. (1) Each person owning, managing, or operating a cemetery shall register the cemetery by filing with the commissioner a registration application before June 2 of each year, on a form furnished by the commissioner, and accompanied […]
456.535a Witness fee; prohibition. Sec. 15a. A registrant shall not charge a fee for witnessing the lowering of a casket into the ground. History: Add. 1996, Act 112, Imd. Eff. Mar. 5, 1996
456.536 Irrevocable endowment and perpetual care trust fund; establishment and maintenance; commingling prohibited; annual report; application for modification or waiver; expenses; bundling of funds with common ownership; pooling of trust or escrow funds for investment purposes; agreement with regulated financial institutions with trust powers; deposits; agent or seller; deposit requirements; use of interest or income; […]
456.536a Preconstruction sales of crypts or niches. Sec. 16a. A person shall not develop or build a mausoleum or columbarium and engage in preconstruction sales of crypts or niches in a mausoleum or columbarium unless that person does both of the following: (a) Agrees to complete the mausoleum or columbarium within 4 years after the […]
456.537 Right to possess space within cemetery; presumption of abandonment; certification; notice; record; remedies; transfer; sale; contract; publication on internet website; exception; intent of section; definitions. Sec. 17. (1) A person possessing a right to a space within a cemetery is presumed to have abandoned the right if all of the following apply: (a) During […]
