§ 1504 — Cemetery board and general administration

§ 1504. Cemetery board and general administration.\n (a) A cemetery board is hereby created within the division of\ncemeteries in the department of state, subject to the following\nrequirements: (1) The members of such board shall be the secretary of\nstate, the attorney general and the commissioner of health, who shall\nserve without additional compensation. (2) The secretary of state,\nattorney general and commissioner of health may each, by official order\nfiled in the office of his respective department and in the office of\nthe board, designate a deputy or other representative in his department\nto perform any or all of the duties under this section of the department\nhead making such designation, as may be provided in such order. Such\ndesignation shall be deemed temporary only and shall not affect the\ncivil service or retirement rights of any person so designated. Such\ndesignees shall serve without additional compensation. (3) The\nsecretary of state shall be chairman of such board, provided that in his\nabsence at any meeting of the board the attorney general or the\ncommissioner of health, in such order, if either or both be present,\nshall act as chairman. When designees of such officers, in the absence\nof all such officers, are present at any meeting of the board, the\ndesignee of the secretary of state, if present, and in his absence one\nof the other designees present, in the same order of preference as\nprovided for the officer appointing him, shall act as chairman. (4)\nTechnical, legal or other services shall be performed in so far as\npracticable by personnel of the departments of state, law and health\nwithout additional compensation but the board may employ and compensate\nwithin appropriations available therefor such assistants and employees\nas may be necessary to carry out the provisions of this section and may\nprescribe their powers and duties. (5) Two members of the board shall\nconstitute a quorum to transact the business of the board at both\nregular and special meetings. (6) The board shall meet at least once a\nmonth, shall keep a record of all its proceedings and shall determine\nthe rules of its own proceedings. (7) Special meetings may be called\nby the chairman upon his initiative, and must be called by him upon\nreceipt of a written request therefor signed by another member of the\nboard. Written notice of the time and place of such special meeting\nshall be delivered to the office of each member of the board. (8) The\nboard shall have the duty of administering the provisions of this\nchapter which deal with cemetery corporations other than the cemeteries\nand cemetery corporations enumerated in section fifteen hundred three\nand shall have all the powers herein provided and such other powers and\nduties as may be otherwise prescribed by law.\n (b) Director of the division of cemeteries. The cemetery board shall\nappoint a director of the division of cemeteries who shall hold his\noffice for a term of six years. He shall receive an annual salary to be\nfixed by the board within the appropriations available to the board.\nSubject to the supervision, direction and control of the board, the\ndirector of the division of cemeteries shall be responsible for the\nadministration of this article and he shall exercise and perform such\nduties and functions of the board as it may assign or delegate to him\nfrom time to time.\n (c) Powers and duties of the cemetery board. With respect to any\ncemetery or cemetery corporation, the cemetery board shall have the\nfollowing duties and powers: (1) To adopt such reasonable rules and\nregulations as the cemetery board shall deem necessary for the proper\nadministration of this article. (2) To order any cemetery corporation\nto do such acts as may be necessary to comply with the provisions of\nthis article or any rule or regulation adopted by the cemetery board or\nto refrain from doing any act in violation thereof. (2-a) To adopt\nreasonable rules and regulations to exempt those cemetery corporations\nfrom the provisions of paragraph (h) of section fifteen hundred ten of\nthis chapter which because of a limited number of paid employees or\nappropriate resources are unable to carry out such provisions. (2-b) To\nadopt reasonable rules and regulations to extend the time period\nmandated by the provisions of paragraph (h) of section fifteen hundred\nten of this chapter when necessary because compliance by a cemetery\ncorporation within such time period is impossible. (3) To enforce its\norders by mandamus or injunction in a summary proceeding or otherwise.\nIn connection with such action or proceeding, the attorney general is\nauthorized to take proof, issue subpoenas and administer oaths in the\nmanner provided in the civil practice law and rules. (4) To impose a\ncivil penalty upon a cemetery corporation not exceeding one thousand\ndollars, after conducting an adjudicatory hearing pursuant to the\nprovisions of the state administrative procedure act, for a violation of\nor a failure to comply with any provisions contained in this article or\nany regulation, directive or order of the board, and without the need to\nmaintain a civil action pursuant to subdivision five of this paragraph.\n(5) To maintain a civil action in the name of the people of the state to\nrecover a judgment for a money penalty imposed under the provisions of\nthis article.\n (d) Judicial review. Any order or determination of the cemetery\nboard made pursuant to this article shall be subject to review by the\nsupreme court in the manner provided by article seventy-eight of the\ncivil practice law and rules; provided, however, that an application for\nreview of such order or determination must be made within one hundred\ntwenty days from the date of the filing of such order or determination,\nand provided further that no stay shall be granted pending the\ndetermination of the matter except on notice to the cemetery board and\nfor a period not exceeding thirty days. Proceedings to review such order\nshall be entitled to a preference.\n