2006 Louisiana Laws - RS 8:506 — Examination by board; expenses

§506.  Examination by board; expenses

A.  The board may examine the business of any cemetery authority or other entity that is engaged in making contracts for the sale of personal property or services as contemplated in this Chapter at the following time or times:

(1)  Whenever it deems necessary but at least once every three years.

(2)  Whenever the cemetery authority, other entity, or trustee in charge of merchandise trust funds fails to file the reports required by this Chapter.

(3)  Whenever the board is requested by verified petition signed by twenty-five individuals purchasing personal property or services to be delivered at an uncertain future date or more than one hundred twenty days after receipt of final payment, alleging that the merchandise trust funds are not in compliance with this Title, in which case the examination shall be at the expense of the petitioners.

B.  The expense of the examination as provided herein shall not exceed fifty dollars per day for each examiner engaged in the examination, but when the examination requires more than two days, the cost shall be paid by the cemetery authority or other entity in an amount not to exceed a total of five hundred dollars, unless irregularities are found, in which case the cemetery authority or other entity shall pay the full cost of the examination.

C.  In making such examination, the board shall:

(1)  Have free access to the books and records relating to the merchandise trust funds; their collection and investment, and individual contracts for the sale of personal property or services as described in this Chapter; said books and records shall be made available for examination in the principal office of the cemetery authority, other entity or trustee located within the state of Louisiana.

(2)  Inspect and examine the merchandise trust funds to determine their condition and the existence of the investments.

(3)  Ascertain if the cemetery authority or other entity has complied with all laws applicable to merchandise trust funds.

Acts 1974, No. 417, §1; Acts 1997, No. 921, §1.

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