§ 20-17-1008 — Permit - Application

(a) (1) Before making application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for a permit to establish and operate a new cemetery or for the extension of the boundaries of an existing cemetery, the cemetery company proposing to make application shall publish weekly for three (3) weeks in a newspaper of general circulation in the county in which the proposed cemetery is located a notice that an application will be filed with the board to establish or extend the boundaries of a cemetery in the county. (2) The publication described in subdivision (a)(1) of this section shall contain a legal description of the land to be used as a cemetery and a statement that any individual or group of individuals desiring to protest the establishment or extension of the cemetery may do so by filing a statement in writing with the board. (b) (1) Whenever it is proposed to locate a new cemetery or extend the boundaries of an existing cemetery under this subchapter, then the cemetery company so proposing shall file an application for the issuance of a permit with the board. (2) The application shall describe accurately the location and boundaries of the proposed cemetery or extension. (3) The application shall be accompanied by: (A) (i) The recommendation of the mayor or governing official of the municipality if the cemetery is located or is to be located within the corporate limits of a municipality or the recommendation of the county judge of the county within which the cemetery is to be located if outside the corporate limits of a municipality. (ii) The recommendation described in subdivision (b)(3)(A)(i) of this section shall: (a) State the need and desirability of the proposed cemetery or extension; and (b) Be in lieu of the application and permit required in § 20-17-903 ; (B) A fee of: (i) One thousand five hundred dollars ($1,500) for filing an application for a new cemetery; or (ii) Four hundred dollars ($400) for filing an application to extend the boundaries of an existing cemetery; (C) (i) Except as provided in subdivision (b)(3)(C)(ii), a survey and map of the cemetery or extension reflecting at least ten (10) acres of land. (ii) An existing cemetery that consists of less than ten (10) acres of land on or before January 1, 2021, is not required to have ten (10) acres of land but shall submit a survey and map of the cemetery or extension of the existing cemetery; (D) A set of rules and regulations for the use, care, management, and protection of the cemetery; (E) The proposed method of establishing a permanent maintenance fund; (F) Proof of publication as stated in subsection (a) of this section of the required notice of intention to apply with the board; (G) A copy of a current title opinion by an Arkansas-licensed attorney or title insurance policy that reflects that the applicant has or will have good and merchantable title to the land covered by the permit or extension; (H) A notarized statement disclosing any current or future lien or mortgage on the land covered by the permit; (I) A notarized statement from any current or future lienholder or mortgage holder on the land covered by the permit or extension that all paid-in-full burial spaces will be released from the lien or mortgage at least semi-annually; (J) A copy of the perpetual care trust agreement if the application is for a new cemetery permit; and (K) A current balance sheet of the applicant prepared by an independent certified public accountant in accordance with generally accepted accounting principles that reflects that the applicant has a minimum of twenty thousand dollars ($20,000) net worth. (4) Any other evidence that would tend to show a public need for the proposed cemetery or extension, such as a petition from landowners in the county who believe that a need exists for an additional cemetery or extension, may be included with the application. (5) The burden of establishing public need shall be upon the applicant. (c) An application shall be made under oath and filed with the board not less than twenty (20) days before the board meeting at which the application is to be considered. (d) (1) The cemetery company applying for a permit shall designate an individual who is responsible for the application. (2) The individual designated under subdivision (d)(1) of this section shall undergo and pass a state criminal background check conducted by the Identification Bureau of the Division of Arkansas State Police. (3) The board may charge and collect a processing fee in the amount necessary to recover the cost imposed by the Identification Bureau of the Division of Arkansas State Police for the state criminal background check. (e) The board may require a cemetery company to submit additional information as the board may by rule or order prescribe. (f) The board may for good cause waive all or part of an application requirement of this section if an applicant is a state, city, or municipal government, or a nonprofit organization as defined by the Internal Revenue Code, 26 U.S.C. § 501(c)(3) .

Legislative History

Amended by Act 2021, No. 731,§ 3, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 37, eff. 7/1/2018. Amended by Act 2017, No. 788,§ 36, eff. 7/1/2018. Amended by Act 2013, No. 390,§ 3, eff. 8/16/2013. Acts 1977, No. 352, §§ 6-8; A.S.A. 1947, §§ 82-426.6 -- 82-426.8; Acts 1997, No. 295, § 4; 2005, No. 2169, § 1.