(a) (1) Prior to making application to the Arkansas Cemetery Board for a permit to establish and operate a new cemetery or for the extension of the boundaries of an existing cemetery, the person proposing to make application shall cause to be published weekly for three (3) weeks in a newspaper of general circulation in the county in which the proposed cemetery is located a notice that an application will be filed with the board to establish or extend the boundaries of a cemetery in the county.
(2) The publication shall contain a legal description of the land to be used as a cemetery and a statement that any individual or group of individuals desiring to protest the establishment or extension of the cemetery may do so by filing a statement in writing with the board.
(b) (1) Whenever it is proposed to locate a new cemetery or extend the boundaries of an existing cemetery under this subchapter, then the cemetery company so proposing shall file an application for the issuance of a permit with the board.
(2) The application shall describe accurately the location and boundaries of the proposed cemetery or addition.
(3) The application shall be accompanied by:
(A) The recommendation of the mayor or governing official of the municipality if the cemetery is to be located within the corporate limits of a municipality or the recommendation of the county judge of the county within which the cemetery is to be located if outside the corporate limits of a municipality. The recommendation shall state the need and desirability of the proposed cemetery or extension. This recommendation shall be in lieu of the application and permit required in § 20-17-903;
(B) A fee of:
(i) One thousand five hundred dollars ($1,500) for filing an application for a new cemetery; or
(ii) Four hundred dollars ($400) for filing an application to extend the boundaries of an existing cemetery;
(C) A survey and map of the cemetery or extension;
(D) A set of rules and regulations for the use, care, management, and protection of the cemetery;
(E) The proposed method of establishing a permanent maintenance fund;
(F) Proof of publication as set forth in subsection (a) of this section of the required notice of intention to apply with the board;
(G) A copy of a current title opinion by an Arkansas-licensed attorney or title insurance policy which reflects that the applicant has or will have good and merchantable title to the land covered by the permit or extension;
(H) A notarized statement disclosing any current or future lien or mortgage on the land covered by the permit;
(I) A notarized statement from any current or future lienholder or mortgage holder on the land covered by the permit or extension that all paid-in-full burial spaces will be released from the lien or mortgage at least semi-annually;
(J) A copy of the perpetual care trust agreement if the application is for a new cemetery permit;
(K) A current balance sheet of the applicant prepared by an independent certified public accountant in accordance with generally accepted accounting principles which reflects that the applicant has a minimum of twenty thousand dollars ($20,000) net worth; and
(L) Any other evidence which would tend to show a public need for the proposed cemetery or extension may be included, such as a petition from landowners in the county who believe that a need exists for any additional cemetery or extension.
(4) The burden of establishing public need shall be upon the applicant.
(c) All applications shall be made under oath and filed with the Securities Commissioner not less than twenty (20) days prior to the board meeting at which the application is to be considered.
(d) The board shall have authority to require any cemetery company to submit additional information as it may by rule or order prescribe.
(e) The board may for good cause waive all or part of an application requirement of this section if an applicant is a state, city, or municipal government, or nonprofit organization as defined by the Internal Revenue Code, 26 U.S.C. § 501(c)(3).
Section: Previous 20-17-1002 20-17-1003 20-17-1004 20-17-1005 20-17-1006 20-17-1007 20-17-1008 20-17-1009 20-17-1010 20-17-1011 20-17-1012 20-17-1013 20-17-1014 20-17-1015 NextLast modified: November 15, 2016