2006 New York Code - Cemetery Board And General Administration.

 
  § 1504. Cemetery board and general administration.
    (a)    A  cemetery  board  is  hereby  created  within the division of
  cemeteries  in  the  department  of  state,  subject  to  the  following
  requirements:   (1)  The members of such board shall be the secretary of
  state, the attorney general and the commissioner of  health,  who  shall
  serve  without  additional compensation.   (2)   The secretary of state,
  attorney general and commissioner of health may each, by official  order
  filed  in  the  office of his respective department and in the office of
  the board, designate a deputy or other representative in his  department
  to perform any or all of the duties under this section of the department
  head  making  such  designation, as may be provided in such order.  Such
  designation shall be deemed temporary only  and  shall  not  affect  the
  civil  service  or  retirement rights of any person so designated.  Such
  designees shall  serve  without  additional  compensation.    (3)    The
  secretary of state shall be chairman of such board, provided that in his
  absence  at  any  meeting  of  the  board  the  attorney  general or the
  commissioner of health, in such order, if either  or  both  be  present,
  shall  act as chairman.  When designees of such officers, in the absence
  of all such officers, are present at  any  meeting  of  the  board,  the
  designee  of  the secretary of state, if present, and in his absence one
  of the other designees present, in  the  same  order  of  preference  as
  provided  for  the  officer  appointing him, shall act as chairman.  (4)
  Technical, legal or other services shall  be  performed  in  so  far  as
  practicable  by  personnel  of  the departments of state, law and health
  without additional compensation but the board may employ and  compensate
  within  appropriations  available therefor such assistants and employees
  as may be necessary to carry out the provisions of this section and  may
  prescribe  their powers and duties.  (5)  Two members of the board shall
  constitute a quorum to transact  the  business  of  the  board  at  both
  regular  and special meetings.  (6) The board shall meet at least once a
  month, shall keep a record of all its proceedings  and  shall  determine
  the  rules  of its own proceedings.  (7)  Special meetings may be called
  by the chairman upon his initiative, and must  be  called  by  him  upon
  receipt  of  a  written request therefor signed by another member of the
  board.  Written notice of the time and place  of  such  special  meeting
  shall  be delivered to the office of each member of the board.  (8)  The
  board shall have the  duty  of  administering  the  provisions  of  this
  chapter  which deal with cemetery corporations other than the cemeteries
  and cemetery corporations enumerated in section  fifteen  hundred  three
  and  shall have all the powers herein provided and such other powers and
  duties as may be otherwise prescribed by law.
    (b)  Director of the division of cemeteries.  The cemetery board shall
  appoint a director of the division of  cemeteries  who  shall  hold  his
  office for a term of six years.  He shall receive an annual salary to be
  fixed  by  the  board  within the appropriations available to the board.
  Subject to the supervision, direction and  control  of  the  board,  the
  director  of  the  division  of  cemeteries shall be responsible for the
  administration of this article and he shall exercise  and  perform  such
  duties  and  functions  of the board as it may assign or delegate to him
  from time to time.
    (c)  Powers and duties of the cemetery board.   With  respect  to  any
  cemetery  or  cemetery  corporation,  the  cemetery board shall have the
  following duties and powers:  (1)  To adopt such  reasonable  rules  and
  regulations  as  the  cemetery board shall deem necessary for the proper
  administration of this article.  (2) To order any  cemetery  corporation
  to  do  such  acts  as may be necessary to comply with the provisions of
  this article or any rule or regulation adopted by the cemetery board  or
  to  refrain  from  doing  any act in violation thereof.  (2-a)  To adopt
  reasonable rules and regulations to exempt those  cemetery  corporations
  from  the  provisions of paragraph (h) of section fifteen hundred ten of
  this chapter which because of a limited  number  of  paid  employees  or
  appropriate  resources are unable to carry out such provisions. (2-b) To
  adopt reasonable  rules  and  regulations  to  extend  the  time  period
  mandated  by  the provisions of paragraph (h) of section fifteen hundred
  ten of this chapter when necessary  because  compliance  by  a  cemetery
  corporation  within  such  time period is impossible. (3) To enforce its
  orders by mandamus or injunction in a summary proceeding  or  otherwise.
  In  connection  with  such action or proceeding, the attorney general is
  authorized to take proof, issue subpoenas and administer  oaths  in  the
  manner  provided  in  the  civil practice law and rules. (4) To impose a
  civil penalty upon a cemetery corporation  not  exceeding  one  thousand
  dollars,  after  conducting  an  adjudicatory  hearing  pursuant  to the
  provisions of the state administrative procedure act, for a violation of
  or a failure to comply with any provisions contained in this article  or
  any regulation, directive or order of the board, and without the need to
  maintain  a civil action pursuant to subdivision five of this paragraph.
  (5) To maintain a civil action in the name of the people of the state to
  recover a judgment for a money penalty imposed under the  provisions  of
  this article.
    (d)    Judicial  review.    Any order or determination of the cemetery
  board made pursuant to this article shall be subject to  review  by  the
  supreme  court  in  the  manner provided by article seventy-eight of the
  civil practice law and rules; provided, however, that an application for
  review of such order or determination must be made  within  one  hundred
  twenty  days from the date of the filing of such order or determination,
  and  provided  further  that  no  stay  shall  be  granted  pending  the
  determination  of  the matter except on notice to the cemetery board and
  for a period not exceeding thirty days. Proceedings to review such order
  shall be entitled to a preference.