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2020 Michigan Compiled Laws
Chapter 456 - Cemetery Associations
Act 251 of 1968 Cemetery Regulation Act (456.521 - 456.543)
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 standards regarding the long-term care of certain cemeteries and trusting of certain funds; to regulate persons selling burial, entombment, or columbarium rights and certain merchandise; to provide for qualifications for owners, operators, employees, and transferees of cemeteries under certain circumstances; to provide for the abandonment of interment rights; to allow the cemetery commissioner to conduct certain investigations; and to prescribe administrative and civil 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 ;-- Am. 2008, Act 478, Imd. Eff. Jan. 12, 2009 ;-- Am. 2014, Act 398, Eff. Jan. 1, 2015
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 MCL 338.3501 of the Michigan Compiled Laws.
- Section 456.521 Cemetery Regulation Act; Short Title.
- Section 456.522 Definitions.
- Section 456.522a Commissioner, Spouse, or Child; Financial Interest in Cemetery, Cemetery Operations, Supplier, or Funeral Establishment Prohibited.
- Section 456.523-456.527 Repealed. 1982, Act 132, Imd. Eff. Apr. 20, 1982.
- Section 456.528 Commissioner; Rules.
- Section 456.529 Commissioner; Hearings; Investigations; Oaths; Testimony; Witnesses; Production of Books and Records; Subpoena; Abandoned Cemeteries; Failure to Obey Subpoena; Perjury; Violation of Act, Rule, or Order; Powers of Commissioner; Injunction or Restraining Order; Appointment of Receiver or Conservator; Powers; Sale of Cemetery; Notice to Creditors and Filing of Claims; Denial of Application; Suspension or Revocation of Permit or Registration.
- Section 456.529a Performance of Duties of Commissioner; Assistance From All Departments, State Agencies, Public Bodies Corporate, Committees, Commissioners, Officers of State, and Any Political Subdivision.
- Section 456.529b Consultants; Contracts.
- Section 456.530 Commissioner; Auditing Trust Funds; Registration of Cemeteries; Exemptions.
- Section 456.531 Commissioner; Registration Fee; Renewal Blank and Notice.
- Section 456.532 Permit for Registration Required; Acquisition of Controlling Interest in Cemetery Company; Application for Certificate of Approval; Contents; Issuance; Fee; Noncompliance; Escrow of Endowment and Perpetual Care Trust Fund; Prohibited Use of Funds; “Controlling Interest” Defined.
- Section 456.532a Examining Affairs of Cemetery or Person; Inspection or Audit of Books, Papers, Records, and Documents; Audit Charges.
- Section 456.533 Establishment of Cemetery; Application for Permit; Investigation Fee; Conduct of Investigation; Notice to Commissioner of Certain Changes; Order to Void Certain Appointments.
- Section 456.533a Circumstances Causing Person to Be Ineligible as Cemetery Owner or Holder of Controlling Interest; Factors for Determining Eligibility.
- Section 456.534 Granting or Refusing to Grant Permit; Denial of Application; Procedures.
- Section 456.535 Registration of Cemetery; Date; Application; Form; Fee; Expiration; Procedure for Denying Registration; Late Penalty Filing Fee.
- Section 456.535a Witness Fee; Prohibition.
- Section 456.536 Irrevocable Endowment and Perpetual Care Trust Fund; Establishment and Maintenance; Commingling Prohibited; Annual Report; Application for Modification or Waiver; Expenses; Bundling of Funds With Common Ownership; Pooling of Trust or Escrow Funds for Investment Purposes; Agreement With Regulated Financial Institutions With Trust Powers; Deposits; Agent or Seller; Deposit Requirements; Use of Interest or Income; Merchandise Trust Account; Deposit for Sale of Burial Vaults or Containers; Repayment; Installation of Vault; Contents of Cemetery Merchandise and Services Contract; Annual Reports; Deficit in Amount of Required Deposits; Penalty; Hearing; Additional Penalty; Powers and Jurisdiction of Attorney General and Courts; Disposition of Fees, Charges, and Penalties; Notice of Financial Transaction or Investment; Failure to Submit Reports Under Subsections (12) and (13); Civil Actions.
- Section 456.536a Preconstruction Sales of Crypts or Niches.
- Section 456.537 Right to Possess Space Within Cemetery; Presumption of Abandonment; Certification; Notice; Record; Remedies; Transfer; Sale; Contract; Publication on Internet Website; Exception; Intent of Section; Definitions.
- Section 456.538 Denial, Suspension, or Revocation of Permit or Registration, and Other Disciplinary Action; Grounds; Effect; Fulfillment of Contractual Obligations and Agreements; Administrative Fine.
- Section 456.539 Denial, Suspension, or Revocation of Permit or Registration; Notice of Intent; Hearing; Decision.
- Section 456.540 Appeal.
- Section 456.541 Violations; Penalties.
- Section 456.542 Repeal.
- Section 456.543 Effective Date of Act.
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