32-2194. Exceptions This chapter does not apply to any of the following: 1. Any religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled and operated by any of them. 2. A private or municipal cemetery. 3. Any fraternal burial […]
32-2194.01. Notice to commissioner of intention to sell cemetery property; exceptions; restrictions A. Before offering cemetery plots for sale, the owner or agent shall notify the commissioner in writing and the notice shall contain: 1. The name and address of the owner. If the holder of any ownership interest in the cemetery is other than […]
32-2194.02. Examination by commissioner; fee Before cemetery plots are offered for sale the commissioner shall examine the cemetery and shall make public his findings. The total cost of travel and subsistence expenses incurred by the department in the examination, in addition to the initial filing fee provided for in this section, shall be borne by […]
32-2194.03. Issuance or denial of certificate of authority; voidable sale; order prohibiting sale; investigations by commissioner; public hearings; summary orders A. After examination of a cemetery application, the commissioner, unless there are grounds for denial, shall issue a certificate of authority authorizing the sale in this state of cemetery plots within the cemetery. The commissioner […]
32-2194.04. Contract disclosures; contract disclaimers A. In all agreements and contracts for the sale of cemetery plots from a cemetery, a broker or agent shall clearly and conspicuously disclose the following information: 1. The nature of the document, including grave site designation. 2. The nature of the cemetery, whether endowed or not under the provisions […]
32-2194.05. Advertising material; contents; order prohibiting use A. Within ten days after request by the commissioner, the cemetery owner or agent shall file with the commissioner a copy of any promotional and advertising material of any kind used directly or indirectly in connection with the sale of cemetery plots or any material changes in the […]
32-2194.06. Records of transactions A. Cemeteries shall keep on file records of all documents in connection with all cemetery plot transactions handled by or through them. The records shall include but are not limited to: 1. All sales contracts. 2. Sales contract payment ledgers. 3. Certificates of burial rights. 4. All ledgers or books showing […]
32-2194.07. Recording of actions A. If the commissioner issues a cease and desist order, obtains a court order enjoining further sales, issues an order of prohibition or suspends approval of a cemetery, the action shall be recorded in the office of the county recorder in any county in which the cemetery property is located. B. […]
32-2194.08. Administrative penalties A. Any cemetery owner, operator, broker or salesman subject to the jurisdiction of the department who violates any provision of this chapter or any rule or order promulgated by the commissioner, who deviates substantially from the provisions under which a certificate of authority was issued or who engages in any unlawful practices […]
32-2194.09. Civil liabilities A. If any part of the notice of intention filed pursuant to section 32-2194.01 contains an untrue statement of a material fact or omits a material fact required to be stated in such notice, the owner or agent is liable as provided in this article to any person who acquires a plot […]
32-2194.10. Change of cemetery plan after approval by commissioner; notice; fee A. It is unlawful for any owner or agent, after submitting to the commissioner the plan under which cemetery plots are to be offered for sale and securing his approval, to change the plan materially without first notifying the commissioner in writing of the […]
32-2194.11. Delivery of clear title by cemetery of cemetery plots Cemetery plots shall not be sold which are subject to liens.
32-2194.12. Permanent access to cemetery land No cemetery may be sold without provision for permanent access.
32-2194.13. Deposit of fees All fees and earned expense collected under this chapter shall be deposited in the state general fund unless otherwise prescribed by law.
32-2194.14. Cemetery brokers; disclosures Before offering cemetery property or interment rights for sale in a licensed cemetery, a cemetery broker who is not a designated broker for the cemetery shall obtain and comply with all of the licensed cemetery’s rules and shall disclose to the purchaser all fees and time frames of transfer and recordation […]
32-2194.15. Jurisdiction The commissioner shall not be denied jurisdiction over any person subject to the provisions of this article because of similar jurisdiction over such person by any other agency or the applicability to such person of any rule prescribed pursuant to any other provision of law.
32-2194.16. Sale of undeveloped cemetery property With regard to cemetery property which is undeveloped, development must commence for that particular section or building within five years after the date of the first sale of a plot.
32-2194.17. Transaction of cemetery business Only a corporation or a limited liability company duly organized to conduct cemetery business may transact cemetery business pursuant to this article.
32-2194.18. Application for authority to open and operate cemeteries Before a corporation may engage in or transact any business of a cemetery it must file an application for a certificate of authority with the commissioner. Such application must show that the corporation owns or is actively operating a cemetery in this state which is subject […]
32-2194.19. Investigation of applicant before granting of certificate of authority where needed Upon receipt of an application for a certificate of authority to operate a cemetery, the commissioner shall cause an investigation to be made of the physical status, plans, specifications and financing of the proposed cemetery, the character of the applicant, including its officers, […]
