§ 23-14-48.5-7 — Application for funds; maximum withdrawal; recovery; suspension of payments to fund

Indiana § 23-14-48.5-7

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 14: CEMETERY ASSOCIATIONS
• Ch. 48.5: Consumer Protection Fund for Cemetery Maintenance

Text

(a) The:
(1) owner of a cemetery; or
(2) if the owner of a cemetery is unable to be determined:
(A) the owner of a lot in the cemetery;
(B) the next of kin of an owner of a lot in the cemetery; or
(C) another interested person;
may request maintenance assistance from the fund by filing with the
board an application on a form provided by the board requesting funds
for emergency maintenance.
(b) The board may hold a hearing concerning an application if the
board considers it necessary and shall, within a reasonable time, make
a determination concerning each application. The board may authorize
the withdrawal from the fund of an amount sufficient to provide
emergency maintenance for the cemetery to which the application
relates, but not more than fifty thousand dollars ($50,000).
(c) If the cost of maintaining a cemetery is paid from the fund, the
fund is entitled to recover the amount paid from the owner of the
cemetery, and the board shall ask the attorney general to take all
reasonable steps to collect that amount from the cemetery owner. Any
amount collected from a cemetery owner under this subsection shall be
deposited in the fund.
(d) The board shall annually review the status of the fund. If the
board determines during its annual review that the fund balance equals
or exceeds five hundred thousand dollars ($500,000), the board shall
suspend the requirement to make payments to the fund under section
5 of this chapter until after the next annual review in which the board
determines that the fund balance is less than five hundred thousand
dollars ($500,000).

Legislative History

As added by P.L.65-2007, SEC.3. Amended by P.L.14-2018, SEC.7.