§ 65-46 – Short title.
65-46. Short title. This Article 9 may be cited as "North Carolina Cemetery Act." (1975, c. 768, s. 1.)
§ 65-47 – Scope.
65-47. Scope. (a) The provisions of this Article shall apply to all persons engaged in the business of operating a cemetery as defined herein, except cemeteries owned and operated by governmental agencies or churches. (b) Any cemetery beneficially owned and operated by a fraternal organization or its corporate agent for at least 50 years prior […]
§ 65-48 – Definitions.
65-48. Definitions. As used in this Article, unless otherwise stated or unless the context or subject matter clearly indicates otherwise: (1) "Bank of belowground crypts" means any construction unit of belowground crypts acceptable to the Commission which a cemetery uses to initiate its belowground crypt program or to add to existing belowground crypt structures. (2) […]
§ 65-49 – The North Carolina Cemetery Commission.
65-49. The North Carolina Cemetery Commission. The North Carolina Cemetery Commission is established with the power and duty to adopt rules and regulations to be followed in the enforcement of this Article. (1975, c. 768, s. 1; 1989, c. 751, s. 7(5); 1991 (Reg. Sess., 1992), c. 959, s. 19; 2012-120, s. 3(a).)
§ 65-50 – Cemetery Commission; members, selection, quorum.
65-50. Cemetery Commission; members, selection, quorum. (a) Membership. – The Cemetery Commission shall consist of nine members. The General Assembly shall appoint two members who own or manage or who have retired from owning or managing a cemetery in North Carolina, one of whom shall be recommended by the President Pro Tempore of the Senate […]
§ 65-51 – Principal office.
65-51. Principal office. The principal office of the Commission shall be in the City of Raleigh, North Carolina. Notice of all regular and special meetings of the Commission shall be advertised 10 or more days in advance in at least three newspapers in North Carolina having inter-county circulation in the State. Each member of the […]
§ 65-52 – Regular and special meetings.
65-52. Regular and special meetings. The Cemetery Commission shall meet at least once in each quarter and may hold special meetings at any time and place within the State at the call of the chairman or upon the written request of at least four members. (1975, c. 768, s. 1.)
§ 65-53 – Powers.
65-53. Powers. In addition to other powers conferred by this Article, the Cemetery Commission shall have the following powers and duties: (1) To employ staff, including legal counsel, as may be necessary to perform its duties and determine the compensation of its employees. (2) To examine a cemetery company’s records when a person applies for […]
§ 65-53.1 – Inspectors.
65-53.1. Inspectors. (a) The Commission may appoint one or more agents who shall serve at the pleasure of the Commission and who shall have the title "Inspector of the North Carolina Cemetery Commission." (b) To determine compliance with the provisions of this Article and regulations promulgated under this Article, inspectors may do the following: (1) […]
§ 65-54 – Annual budget of Commission; collection of funds.
65-54. Annual budget of Commission; collection of funds. The Commission shall prepare an annual budget and shall collect the sums of money required for this budget from yearly fees and from any other sources provided in this Article. On or before July 1 of each year, each licensed cemetery shall pay a license fee to […]
§ 65-54.1 – Commission records are confidential.
65-54.1. Commission records are confidential. Records, papers, and other documents containing information collected or compiled by the Commission, its members, or employees as a result of a complaint, investigation, inquiry, or interview in connection with an application for license, or in connection with a license holder’s professional ethics and conduct, shall not be considered public […]
§ 65-55 – License; cemetery company.
65-55. License; cemetery company. (a) No legal entity shall engage in the business of operating a cemetery company except as authorized by this Article and without first obtaining a license from the Commission. (b) Any legal entity wishing to establish a cemetery shall file a written application for authority with the Commission on forms provided […]
§ 65-56 – Existing companies; effect of Article.
65-56. Existing companies; effect of Article. Existing cemetery companies at the time of the adoption of this Chapter shall continue in full force and effect and be granted a license but shall hereafter be operated in accordance with the provisions of Article 9 of this Chapter. (1975, c. 768, s. 1.)
§ 65-57 – Licenses for sales organizations, management organizations and brokers.
65-57. Licenses for sales organizations, management organizations and brokers. (a) No legal entity shall engage in the business of a cemetery sales organization, a cemetery management organization or a cemetery broker except as authorized by this Article, and without first obtaining a license from the Commission. (b) Any legal entity wishing to establish and operate […]
§ 65-58 – Licenses for persons selling preneed grave space.
65-58. Licenses for persons selling preneed grave space. (a) No person shall offer to sell preneed grave spaces, mausoleum crypts, niches, memorials, vaults or any other preneed cemetery merchandise or services under any plan authorized for any cemetery, cemetery sales group, or cemetery management group, before obtaining a license from the Commission. (b) Persons wishing […]
§ 65-59 – Application for a change of control; filing fee.
65-59. Application for a change of control; filing fee. A person who proposes to acquire control of an existing cemetery company, whether by purchasing the capital stock of the company, purchasing an owner’s interest in the company, or otherwise acting to effectively change the control of the company, shall first make application on a form […]
§ 65-60 – Records.
65-60. Records. A record shall be kept of every burial in the cemetery of a cemetery company, showing the date of burial, name of the person buried, together with lot, plot, and space in which such burial was made therein. All sales, trust funds, accounting records, and all other records of the licensee shall be […]
§ 65-60.1 – Trustees; qualifications; examination of records; enforcement.
65-60.1. Trustees; qualifications; examination of records; enforcement. (a) The term "corporate trustee" as used in this Article shall mean a bank, credit union, or trust company authorized to do business in North Carolina under the supervision of the Commissioner of Banks, Credit Union Administrator, or any other corporate entity; provided that any corporate entity other […]
§ 65-61 – Required trust fund for care and maintenance; remedy of Commission for noncompliance.
65-61. Required trust fund for care and maintenance; remedy of Commission for noncompliance. No cemetery company shall be permitted to establish, or operate if already established, a cemetery unless provision is made for the future care and maintenance of such cemetery by establishing a trust fund and designating a corporate trustee to administer said fund […]
§ 65-62 – Individual contracts for care and maintenance.
65-62. Individual contracts for care and maintenance. At the time of making a sale or receiving the initial deposit hereunder, the cemetery company shall deliver to the person to whom such sale is made, or who makes such deposit, an instrument in writing which shall specifically state that the net income of the care and […]