Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.147 - BOARD OF FUNERAL SERVICE
Subchapter 24.147.13 - Cemetery Regulation Rules
Rule 24.147.1301 - APPLICATIONS FOR CEMETERY LICENSES
Universal Citation: MT Admin Rules 24.147.1301
Current through Register Vol. 6, March 22, 2024
(1) Applicants for a license to operate a cemetery must submit a completed application on forms provided by the department, electronically or by paper. Completed applications include appropriate fees and required documentation, including:
(a) a certified copy of:
(i) articles of incorporation, if applicable;
and
(ii) perpetual care and
maintenance trust agreement executed by the owner, the presiding officer, or
other agent;
(b) a
statement signed by a majority and verified by the owner, the presiding
officer, or other agent, which contains the following information:
(i) names and addresses of the owners,
partners, incorporators, directors, officers, cemetery manager, and trustees of
the perpetual care and maintenance fund, including the person who will be in
charge of sales;
(ii) size,
location and topography of, and water available for, the property to be used
for cemetery purposes;
(iii) the
name(s) and address(es) of the banking institution, savings or building and
loan association, or credit union in which the trust(s) is held; and
(iv) the total amount deposited to the
perpetual care and maintenance fund, type of investment made or to be made and
the proposed rate of contribution for the future. The amount deposited must be
broken out by the initial principal investment and the trust interest and
dividends earned to date by the previous owner if the cemetery was purchased
from a previous licensee;
(c) an independent confirmation from the
banking institution, savings or building and loan association, or credit union
in which the trust(s) is held with proof of deposit of the initial contribution
to the perpetual care and maintenance fund;
(d) an accurate and readable map of the
proposed cemetery site (scale not less than one inch to 500 feet) and
surrounding area showing number of acres, highways, access roads, etc., and
area to be initially developed delineated for the cemetery;
(e) such other matters as the board may
require by written notice to the applicant; and
(f) if the cemetery is not a pre-existing
cemetery, a certified copy of the:
(i)
application to the city or county planning commission for a cemetery use permit
or rezoning for cemetery purposes, or both, if applicable; and
(ii) land use or zoning permit, if
applicable.
(2) An application for a new cemetery license must be submitted whenever ownership of a cemetery company changes as described in ARM 24.147.1313.
AUTH: 37-1-131, 37-19-202, 37-19-807, MCA; IMP: 37-1-131, 37-19-807, 37-19-814, MCA
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