Michigan Compiled Laws — CEMETERY REGULATION ACT (Act 251 of 1968)

Cemetery regulation act; short title.

This act shall be known and may be cited as the “cemetery regulation act”.

Definitions.

As used in this act: (a) "Cemetery" means 1 or a combination of more than 1 of the following: (i) A burial ground for earth interments. (ii) A mausoleum for crypt entombments. (iii) A crematory for the cremation for human remains. (iv) A columbarium for the inurnment of cremated remains. (b) "Interment" means the dispo…

Commissioner, spouse, or child; financial interest in cemetery, cemetery operations, supplier, or funeral establishment prohibited.

The cemetery commissioner, or the commissioner's spouse or child, shall not have a direct or indirect financial interest in a cemetery, cemetery operations, a supplier of cemetery services or cemetery memorials, or a funeral establishment as defined in section 1801 of the occupational code, 1980 PA 299, MCL 339.1801.

Commissioner; rules.

(1) The commissioner shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement and administer this act, including, but not limited to, rules regarding all of the following: (a) The maintenance of records relative to the financial aspects of cemeteries. (b) R…

(1) The commissioner may hold hearings, conduct investigations, administer oaths, take testimony under oath, and request in writing the appearance and testimony of witnesses, including the production of books and records. The commissioner may petition the circuit court for Ingham county for an order to issue, as part o…

Performance of duties of commissioner; assistance from all departments, state agencies, public bodies corporate, committees, commissioners, officers of state, and any political subdivision.

All departments, state agencies, public bodies corporate, committees, commissioners, or officers of this state, and any political subdivision of this state, so far as is compatible with their duties, shall give the commissioner or his or her designee any necessary assistance required by the commissioner in the performa…

Consultants; contracts.

The commissioner may enter into contracts to accomplish requirements under this act, including for the engagement of consultants. The commissioner may use an authorized employee or agent, who is an attorney, to represent the commissioner or the department in a contested case proceeding brought under this act.

Commissioner; auditing trust funds; registration of cemeteries; exemptions.

(1) The commissioner shall institute and maintain a system of auditing trust funds required by this act and of registering each cemetery authorized to be created, maintained, and operated in this state, as well as any other cemetery operating under state law or local ordinance. A cemetery owned and operated by a munici…

Commissioner; registration fee; renewal blank and notice.

The commissioner shall charge an annual registration fee of $20.00 per year for each cemetery registered. Not less than 90 days before the expiration date prescribed in section 15, the commissioner shall cause a renewal blank to be mailed to each registrant, together with a notice advising the registrant of the time an…

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.

(1) A person shall not establish a cemetery without a valid permit or operate an existing cemetery except under a valid registration issued under this act. (2) If a person proposes to purchase or otherwise acquire a controlling interest in an existing cemetery company, that person shall first apply to the commissioner…

Examining affairs of cemetery or person; inspection or audit of books, papers, records, and documents; audit charges.

(1) The commissioner or an examiner, investigator, or other person the commissioner may appoint, may visit and examine the affairs of any cemetery or person required to register under this act and shall have free access to the books, papers, records, and documents of the cemetery corporation, person, affiliated person,…

Establishment of cemetery; application for permit; investigation fee; conduct of investigation; notice to commissioner of certain changes; order to void certain appointments.

(1) Any person desiring to establish a cemetery shall file with the commissioner, on forms furnished by the commissioner, an application for a permit to establish a cemetery. The application shall be accompanied by a nonrefundable investigation fee of $1,500.00. (2) After a receipt of an application, the commissioner s…

Circumstances causing person to be ineligible as cemetery owner or holder of controlling interest; factors for determining eligibility.

(1) Notwithstanding any other provisions governing eligibility as a cemetery owner, a person may be ineligible to become a cemetery owner or hold a controlling interest in a cemetery company if any of the following circumstances exist: (a) The person has been convicted of a felony under the laws of this state, any othe…

Granting or refusing to grant permit; denial of application; procedures.

After receipt of the investigation fee and application, and after investigation, the commissioner shall grant or refuse to grant the permit. If the commissioner decides to deny the application for a permit, he or she shall follow the procedure set forth in section 19.

Registration of cemetery; date; application; form; fee; expiration; procedure for denying registration; late penalty filing fee.

(1) Each person owning, managing, or operating a cemetery shall register the cemetery by filing with the commissioner a registration application before June 2 of each year, on a form furnished by the commissioner, and accompanied by the registration fee. A registration expires on July 1 of each year. (2) If the commiss…

Witness fee; prohibition.

A registrant shall not charge a fee for witnessing the lowering of a casket into the ground.

(1) The commissioner shall require each cemetery to establish and maintain an irrevocable endowment and perpetual care trust fund. The amounts deposited into an endowment and perpetual care trust fund pursuant to subsection (5) shall be held in perpetuity by the trustee and may only be distributed to the cemetery upon…

Preconstruction sales of crypts or niches.

A person shall not develop or build a mausoleum or columbarium and engage in preconstruction sales of crypts or niches in a mausoleum or columbarium unless that person does both of the following: (a) Agrees to complete the mausoleum or columbarium within 4 years after the date of the first sale of an entombment or inur…

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.

(1) A person possessing a right to a space within a cemetery is presumed to have abandoned the right if all of the following apply: (a) During the past 60 years, the person possessing the right to the space or the person's authorized representative has not provided the cemetery owner or operator with an updated address…

Denial, suspension, or revocation of permit or registration, and other disciplinary action; grounds; effect; fulfillment of contractual obligations and agreements; administrative fine.

(1) The commissioner may deny an application filed under this act and refuse to issue a permit or registration, or may suspend or revoke a permit or registration, or may reprimand, place on probation, or take other disciplinary action against the applicant if the commissioner's investigation reveals facts which, with r…

Denial, suspension, or revocation of permit or registration; notice of intent; hearing; decision.

If the commissioner intends to deny an application for a permit to establish a cemetery, to refuse registration of an existing cemetery, or to suspend or revoke a registration, the commissioner shall give written notice to the person involved of that intent. The notice shall state a time and a place for hearing before…

Appeal.

Any person aggrieved by the decision of the commissioner rendered under section 19 may appeal to the circuit court as provided in chapter 6 of Act No. 306 of the Public Acts of 1969, as amended, being sections 24.301 to 24.306 of the Michigan Compiled Laws.

Violations; penalties.

(1) Except as otherwise provided for in subsection (2), a person who violates this act is guilty of a misdemeanor punishable by a fine of not more than $10,000.00. (2) If the violator is an individual, the offense is punishable by a fine of not more than $10,000.00 or imprisonment for not more than 1 year, or both.

Effective date of act.

This act shall take effect September 15, 1968.