2006 Michigan Compiled Laws - Act 251 of 1968


CEMETERY REGULATION ACT

Act 251 of 1968

AN ACT to regulate the creation and management of cemeteries; to provide for a cemetery commissioner, and to prescribe the powers and duties of the commissioner; to require the registration and audit of cemeteries; to provide for long-term care of certain cemeteries; to regulate persons selling burial, entombment, or columbarium rights; and to prescribe remedies and penalties.


History: 1968, Act 251, Eff. Sept. 15, 1968 ;--Am. 1972, Act 290, Imd. Eff. Oct. 30, 1972 ;--Am. 1982, Act 132, Imd. Eff. Apr. 20, 1982 ;--Am. 2004, Act 22, Eff. Jan. 1, 2005
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 of Commerce, see E.R.O. No. 1991-9, compiled at § 338.3501 of the Michigan Compiled Laws.




The People of the State of Michigan enact:

DocumentDescription
Section 456.521Cemetery regulation act; short title.
Section 456.522Definitions.
Section 456.522aCommissioner, spouse, or child; financial interest in cemetery, supplier, or funeral establishment prohibited.
Section 456.523-456.527Repealed. 1982, Act 132, Imd. Eff. Apr. 20, 1982.
Section 456.528Commissioner; rules.
Section 456.529Commissioner; hearings; oaths; testimony; witnesses; production of books and records; subpoena; violation of act, rule, or order; cease and desist order; assurance of discontinuance; action to enforce compliance; injunction or restraining order; appointment of receiver or conservator; bond not required; denial of application; suspension or revocation of permit or registration.
Section 456.530Commissioner; auditing trust funds; registration of cemeteries; exemptions; municipal ordinances.
Section 456.531Commissioner; registration fee; renewal blank and notice.
Section 456.532Permit for registration required; acquisition of controlling interest in cemetery company; application for certificate of approval; contents; issuance; fee; noncompliance; hearing; action to ensure compliance; "controlling interest" defined.
Section 456.532aExamining affairs of cemetery or person; inspection or audit of books, papers, records, and documents; audit charges.
Section 456.533Establishment of cemetery; application for permit; investigation fee.
Section 456.534Granting or refusing to grant permit; denial of application; procedures.
Section 456.535Registration of cemetery; time; application; form; fee; expiration; procedure for denying registration; late penalty filing fee.
Section 456.535aWitness fee; prohibition.
Section 456.536Irrevocable endowment care fund; establishment and maintenance; annual report; application for care fund deposit modification or waiver; expenses; agent or seller; deposit requirements; merchandise trust account; deposit for sale of burial vaults or containers; repayment; installation of vault; contents of cemetery merchandise and services contract; annual report by cemetery or agent; deficit in amount of required deposits; penalty; hearing; additional penalty; disposition of fees, charges, and penalties; "endowment care" defined.
Section 456.536aPreconstruction sales of crypts or niches.
Section 456.537Repealed. 1982, Act 132, Imd. Eff. Apr. 20, 1982.
Section 456.538Denial, suspension, or revocation of permit or registration, and other disciplinary action; grounds; effect; fulfillment of contractual obligations and agreements; administrative fine.
Section 456.539Denial, suspension, or revocation of permit or registration; notice of intent; hearing; decision.
Section 456.540Appeal.
Section 456.541Violations; penalties.
Section 456.542Repeal.
Section 456.543Effective date of act.

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