MCL - 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 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
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Am. 1972, Act 290, Imd. Eff. Oct. 30, 1972
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Am. 1982, Act 132, Imd. Eff. Apr. 20, 1982
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Am. 2004, Act 22, Eff. Jan. 1, 2005
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Am. 2008, Act 478, Imd. Eff. Jan. 12, 2009
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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.
| Document | Type | Description |
|---|---|---|
| Section 456.521 | Section | Cemetery regulation act; short title. |
| Section 456.522 | Section | Definitions. |
| Section 456.522a | Section | Commissioner, spouse, or child; financial interest in cemetery, cemetery operations, supplier, or funeral establishment prohibited. |
| Section 456.523-456.527 | Section | Repealed. 1982, Act 132, Imd. Eff. Apr. 20, 1982. |
| Section 456.528 | Section | Commissioner; rules. |
| Section 456.529 | Section | 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 | Section | 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 | Section | Consultants; contracts. |
| Section 456.530 | Section | Commissioner; auditing trust funds; registration of cemeteries; exemptions. |
| Section 456.531 | Section | Commissioner; registration fee; renewal blank and notice. |
| Section 456.532 | Section | 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 | Section | Examining affairs of cemetery or person; inspection or audit of books, papers, records, and documents; audit charges. |
| Section 456.533 | Section | 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 | Section | Circumstances causing person to be ineligible as cemetery owner or holder of controlling interest; factors for determining eligibility. |
| Section 456.534 | Section | Granting or refusing to grant permit; denial of application; procedures. |
| Section 456.535 | Section | Registration of cemetery; date; application; form; fee; expiration; procedure for denying registration; late penalty filing fee. |
| Section 456.535a | Section | Witness fee; prohibition. |
| Section 456.536 | Section | 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 | Section | Preconstruction sales of crypts or niches. |
| Section 456.537 | Section | 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 | Section | 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 | Section | Denial, suspension, or revocation of permit or registration; notice of intent; hearing; decision. |
| Section 456.540 | Section | Appeal. |
| Section 456.541 | Section | Violations; penalties. |
| Section 456.542 | Section | Repeal. |
| Section 456.543 | Section | Effective date of act. |