Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS Chapters 176, 177, 381, 183.120
NECESSITY, FUNCTION, AND CONFORMITY: In the course of
constructing or reconstructing transportation facilities, cemeteries or graves
on occasion need to be relocated. This administrative regulation sets forth the
provisions for relocation of cemeteries or graves from state-owned
property.
Section 1. Notification of
Next-of-kin.
(1) The Transportation Cabinet
shall make every effort to locate the next-of-kin of those interred in the
cemetery to be relocated.
(2) If
there are unidentified remains or if a next-of-kin cannot be located, the
Transportation Cabinet shall publish its intention to relocate graves in the
local newspapers. This public notice shall:
(a) Include the name and location of the
cemetery to be relocated;
(b)
Request assistance from anyone having knowledge of persons buried in the
cemetery of their next-of-kin; and
(c) Be published once each week for a period
of sixty (60) days in all local newspapers that are published at least
weekly.
(3) If the
next-of-kin cannot be located after these efforts, the Transportation Cabinet
shall request authorization from the court of competent jurisdiction to
relocate the grave.
Section
2. Location of Reinterment.
(1)
Unless the next-of-kin prefers another location or it is economically
unfeasible, the remains shall be relocated to the closest perpetually
maintained public cemetery.
(2) If
the next-of-kin selects a cemetery located in another county or out-of-state
for the reinterment, he shall pay any additional cost incurred by the
Transportation Cabinet.
Section
3. Reserved Spaces in the Cemetery.
(1) If a family has reserved space adjoining
the deceased in the disinterment cemetery and requests a reserved space
adjoining the deceased in the reinterment cemetery, this space shall be
provided.
(2) The Transportation
Cabinet shall attempt to honor other requests for reserved space in the
reinterment cemetery from living persons with a reserved space in the
disinterment cemetery.
Section
4. Disinterment-reinterment Permit. The Transportation Cabinet
shall obtain the Disinterment-reinterment Permit required by 901 KAR 5:090.
Section 5. Contractor
Eligibility.
(1) Only a person licensed as a
funeral director under the provisions of KRS 316.090 shall be eligible to bid
as a contractor on a Transportation Cabinet grave relocation project.
(2) The Transportation Cabinet shall maintain
a list of licensed funeral directors wishing to bid on grave relocation
projects.
(3) Annually, the cabinet
shall advertise statewide for funeral directors interested in providing this
service.
(4) All qualified
respondents, as well as funeral directors who have actually relocated graves
for the Transportation Cabinet, shall be placed on the list of licensed funeral
directors wishing to bid on grave relocation projects.
(5) All interested funeral directors shall be
required to provide proof of current licensing.
Section 6. Contract Procedures.
(1) The following funeral directors shall be
notified of a specific grave relocation project:
(a) Those on the list of those interested in
grave relocation who are located in the county or a county contiguous to the
county of the grave relocation project; and
(b) Those who have requested to be notified
of a grave relocation project within certain parameters if those parameters are
met.
(2) Each notified
funeral director shall be provided an opportunity to view the grave to be
relocated and the reinterment site.
(3) If a funeral director expresses interest
in the project, he shall be provided a bid proposal.
(4) All properly completed bid forms received
prior to the bidding deadline shall be considered.
(5) A bid received or completed after the
deadline shall not be considered.
(6) The contract shall be awarded to the
lowest acceptable bid.
(7) If a
funeral director contractor has a contract claim or requests relief from the
Transportation Cabinet, the procedures set forth in 603 KAR 2:015 shall be
followed.
Section 7.
Memorial Service. If a brief memorial or religious service is requested by the
deceased's next-of-kin, permission for the service shall be granted.
16 Ky.R. 286; 536; eff.
10-4-1989; 20 Ky.R. 2672; eff. 5-18-1994; Crt eff.
2-11-2019.
STATUTORY AUTHORITY: KRS 176.050, 177.020,
183.024
