ARKANSAS STATE BOARD OF EMBALMERS AND FUNERAL DIRECTORS

RULES and REGULATIONS

RULE  DEFINITIONS:

1. ADVERTISEMENT.

The publication, dissemination, circulation or placing before the public, or causing directly or indirectly to be made, published, disseminated or placed before the public any announcement or statement in a newspaper, magazine, or other publication, or in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag or over the radio or television station.

2. APPRENTICE.

A person who is engaged in learning the practice of embalming or the business of funeral directing, as the case may be, under the instruction and direct personal supervision of a duly license embalmer or funeral Director of the State of Arkansas, who is duly registered as such.

3. ARKANSAS CODE.

Arkansas Statutes pertaining to the funeral industry.

4. ARRANGER.

The person or persons arranging for any type of service following or in advance of a death.

5. AUTHORIZING AGENT(S).

An authorizing agent(s) is a person legally entitled to order the cremation of human remains. An authorizing agent shall be the next of kin of the deceased. In the absence of a next of kin, an order from a court of appropriate jurisdiction shall be obtained. In the case of indigents or any other individuals whose final disposition is the responsibility of the state, a public official charged with arranging the final disposition of the deceased, if legally authorized may serve as the authorizing agent. In the case of individuals who have donated their bodies to science, and in which the institution is charged with making arrangements for the final disposition of the deceased, a representative of the institution, if legally authorized, may serve as the authorizing agent. If the deceased has authorized their own cremation by a pre-need arrangement, then any person acting on those instructions will be considered legally authorized, unless such authorization is in conflict with the wishes of the deceased next of kin.

6. BAIT ADVERTISING.

Advertising a funeral, or an alternative type of service, which the advertising funeral firm, in truth, does not intend or does not wish to sell. Its purpose is to induce persons “before the time of need,” or “at need,” to visit or call the funeral firm, and then sell them a higher priced service.

7. BOARD.

As used in these Rules and Regulations shall mean the Arkansas State Board of Embalmers and Funeral Directors or any successor thereof.

8. CASH ADVANCE or CASH ACCOMODATIONS.

Monies paid to outside parties by the funeral director or the funeral service firm on behalf of the arrangers.

9. CASKET.

A rigid container in which the dead body is placed for use in religious services or other ceremonies, transportation or final disposition; usually constructed of wood, metal, or manufactured materials such as plastic, fiberglass, chipboard, pressed paper, paperboard or corrugated paper. 17

10. CLOSED CONTAINER.

Any container in which cremated remains can be placed and closed in a manner so as to be resistant to leakage or spillage of cremated remains or the entrance of foreign materials.

11. COMMITTAL SERVICE.

That final rite or ceremony preceding the final disposition of the body,

12. CREMATION/CALCINATION.

The technical process, using heat, that reduces human remains to bone fragments, which may be reduced to a powdery substance. The reduction takes place through heat and evaporation.

13. CREMATORY.

The building or portion of a building that houses the cremation chamber and the holding facility.

14. CREMATORY AUTHORITY.

The legal entity or the authorized representative of the legal entity which is licensed by the Board to operate a crematory and perform cremations.

15. CREMATION CHAMBER.

The enclosed space within which the cremation process takes place.

16. CREMATION CONTAINER.

The container in which the human remains are placed in the cremation chamber for a cremation and which should be required by the cremation authority if the remains are not in a casket. A cremation container should meet substantially all of the following standards: 1. Be composed of readily combustible materials suitable for cremations; 2. Be able to be closed in order to provide a complete covering for the human remains; 3. Be resistant to leakage or spillage; 4. Be rigid enough for handling with ease; and 5. Be able to provide protection for the health, safety and personal integrity of crematory personnel.

17. CREMATED REMAINS or CREMAINS.

All human remains recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions.

18. DIRECT DISPOSITION.

The disposition of the body of a dead person as quickly as the law will allow without its preparation except when required by law and without any attendant religious services or other rites or ceremonies.

19. DIRECT PERSONAL SUPERVISION.

During the apprenticeship period the supervisor of all embalmers and/or funeral directors must be readily accessible on the premises wherever embalming and/or funeral directing is preformed.

20. DISPOSITION AUTHORITY.

The licensed funeral establishment, cremation authority, or other person or legal entity charged with the disposition of cremated remains.

21. EMBALMER.

A person required to be licensed to practice the Science of Embalming under the laws of this State who disinfects or preserves a dead human body, entirely, or in part, by the use of chemical substances, fluids, or gases, in the body, or by introduction of same into the body by vascular or hypodermic injection, or by direct application into the organs or cavities.

22. EMBALMING.

The art of a person disinfecting or preserving a dead human body entirely, or in part, by the use of chemical substances, fluids, or gases, in the body, or by introduction of same into the body by vascular or hypodermic injection, or by direct application into the organs or cavities. 18

23. FETAL DEATH.

Death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such expulsion or extraction, the fetus does not breathe or show any evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Fetal death shall include a “spontaneous fetal death” (sometimes referred to as stillbirth or miscarriage) or an “induced termination of pregnancy” as defined by the Arkansas Department of Health.

24. FETAL REMAINS.

The remains of a fetal death.

25. FINAL DISPOSITION.

The final placement of the body whether it is by earth interment, above ground interment, cremation, burial at sea, or by delivery to a medical institution for lawful dissection and experimentation.

26. FUNERAL DIRECTOR.

A person required to be licensed to practice the business of funeral directing under the laws of this State, who meets the public, displays and sells or offers to sell funeral merchandise or supplies; who plans details of funeral services with members of the family and minister or any other person responsible for such planning, or who directs, is in charge, or apparent charge of, and supervises such service in a funeral home, church or other places; who enters into the making, negotiation or completion of financial arrangements for funerals, including, but not limited to, the sale and selection of funeral supplies, or who uses in connection with the business of funeral directing the words or terms “Funeral Director”, “Undertaker”, “ Funeral Counselor”, “Mortician”, or any other word, term or picture or combination thereof when considered in context in which used, from which person using such word, term or picture can be implied to be holding himself out to the public as being engaged in the business of funeral directing.

27. FUNERAL ESTABLISHMENT or FUNERAL HOME.

Every place or premise devoted to or used in the shelter, care, preparation, disposition or custody of the body or for religious services or other rites or ceremonies associated with the final disposition of human dead or maintained for the convenience and comfort of the bereaved and the community for viewing or other services in connection with the human dead, and as the office or place for carrying on the business of funeral directing.

28. FUNERAL MERCHANDISE.

That personal property used in connection with the transportation, funeralization and final disposition of a dead human body including but not limited to the receptacle into which the body is directly placed except mausoleums, crypts, interment receptacles preset in a cemetery and columbarium niches.

29. FUNERAL SERVICE or FUNERAL.

A period following death in which there are religious services or other rites or ceremonies with the body of the deceased present.

30. FUNERAL SERVICE FIRM or FUNERAL DIRECTING.

A person, partnership, enterprise, corporation or any other form of organization which engages in providing shelter, care and custody of the human dead; in the practice of preparing of the human dead by embalming or other methods for burial or disposition; supervising of the funeral services, makes arrangements, financial or otherwise, for the providing of funeral services or the sale of funeral merchandise, whether for the present or future use; or in general, engages in the practice or performs any functions of funeral directing, embalming or lawful final disposition of the dead.

31. GRAVESIDE SERVICE.

When and where the complete funeral rites or ceremonies are conducted only at graveside. Such rite or ceremony is not what is generally construed as the committal service, which follows the funeral. 19

32. HOLDING FACILITY.

An area within, adjacent, or available to the crematory facility designed for the retention of human remains prior to cremation that shall: 1. Comply with any applicable public health law; 2. Preserve the dignity of the human remains; 3. Recognize the integrity, health, and safety of the crematory authority personnel operating the crematory and; 4. Be secure from access by the general public.

33. HUMAN REMAINS.

The body of a deceased person, or part of a body or limb that has been removed from a living person, including the body, part of the body or limb in any state of decomposition.

34. IN STATE.

That period when the body is in the “Funeral Establishment” or any other place, for the purpose of a wake, visitation, or viewing whether the “casket” or “receptacle” is open or closed and whether the wake, visitation, or viewing is public or private.

35. INTERMENT RECEPTACLE.

An enclosure into which the casket is placed.

36. MEMORIAL SERVICE.

A gathering of persons for a program in recognition of a death without the presence of the body of the deceased.

37. MORTUARY SERVICE ESTABLISHMENT.

A place or premise devoted to or used in the shelter, care, custody, or preparation of the human dead, but not for the other purposes identified in the definition of a “Funeral Establishment,” except at the request of and as the agent of a licensed funeral establishment or its representative.

38. MORTUARY SERVICE FIRM.

A person, partnership, enterprise, corporation or any other form of organization which engages in providing shelter, care, custody, or preparation of the human dead, or providing other services and/or funeral merchandise at the request of and as the agent of a licensed funeral establishment or its representative.

39. NICHE.

A compartment or cubicle for the memorialization or permanent placement of an urn containing cremated remains.

40. SCATTERING AREA.

A designated area for the scattering of cremated remains.

41. TEMPORARY CONTAINER.

A temporary container is a receptacle for cremated remains usually made of cardboard, plastic film or similar material designed to hold the cremated remains until an urn or other permanent container is acquired.

42. TO MAKE ARRANGEMENTS.

Advising, counseling, and/or entering into agreements about specifics for any services in advance of or following a death.

43. TRANSPORT SERVICE FIRM.

Any person, partnership, enterprise, corporation, association, society, other legal entity, or other form of organization which engages in providing transportation of the human dead for hire.

44. URN.

A receptacle designed to permanently encase the cremated remains.

RULE II LICENSEE IN CHARGE OF FUNERAL DIRECTING AND EMBALMING

1. Every funeral conducted within the State of Arkansas must be under the personal supervision and direction and in charge of a funeral director who holds a valid license from this Board. To conduct a funeral shall require the direct personal supervision of a licensed funeral director until final disposition is completed. 2. The embalming of a dead human body shall require the presence and/or direct supervision of a duly licensed embalmer. Duly registered apprentice embalmers may do embalming procedures under the direct personal supervision of a duly licensed embalmer. 20

RULE III LICENSEE IN CHARGE OF ALL CARE AND DISPOSITION OF HUMAN DEAD.

1. Any person, partnership, enterprise, corporation or any other form of organization holding themselves out to be in the business of the care and/or disposition of the human dead in this State shall be required to hold valid licenses issued by the Board and to comply with the Rules and Regulations of the Board pertaining to said care and disposition.

RULE IV FUNERAL ESTABLISHMENTS

1. Four types of funeral establishment licenses shall be issued by the Board. These establishment licenses shall be named as follows: (a) Funeral Establishment Type A-Full Service Funeral Firm. (b) Funeral Establishment Type B-Mortuary Service Firm (c) Funeral Establishment Type C-Crematory (d) Funeral Establishment Type D-Transport Service Firm

2. FUNERAL ESTABLISHMENT TYPE A-FULL SERVICE FUNERAL FIRMS (a) A license for the operation of funeral establishment Type A shall be issued by the Board, if the Board finds: (1) That the establishment is under the general management and supervision of a duly licensed funeral director. (a.) The name of the general manager and owner of each funeral establishment shall be reported annually to the Board on forms provided by the Board. (b.) If the funeral director serving as the general manager of a funeral establishment shall leave the employment of the establishment, for any reason, the establishment shall notify the Board of the management change within ten (10) working days, and of his/her successor within thirty (30) days. (2) That all embalming performed therein is performed by or under the direct personal supervision of a duly licensed embalmer. (3) That any place in the funeral establishment Type A where embalming is performed contains a preparation room with a sanitary floor, walls, and ceiling, and adequate sanitary drainage and disposal facilities including running water and complies with the sanitary standards prescribed by the Department of Health for the prevention of the spread of contagious, infectious or communicable diseases. (4) Each funeral establishment Type A must have a display room and at least five (5) caskets, or there must be a branch establishment within a reasonable distance (not to exceed forty (40) miles), which is available, and does have a display room and at least five (5) caskets. (5) When an establishment is sold or changes ownership, the Board shall be notified, in writing, within thirty (30) days, the license then in force and effect shall be honored, for the new owner, until that license has expired. At that time, a new license shall be issued in the name of the new establishment. (6) When an establishment closes, the Board shall be notified, in writing, within 7 days of the date of closure; and the license in force at the time of closure shall be returned to the Board office. 21 (b) The Board shall grant or deny each application for a funeral establishment license Type A under provisions of this section after it is filed. No applicant may operate a funeral establishment Type A until notification by the Secretary of the Board that a license has been or will be issued. (c) Funeral establishment licenses Type A shall be issued under this section upon application and after examination of the establishment to be licensed. The application fee shall be fifty ($50.00) dollars. (1) Renewal of all funeral establishment licenses Type A must be made on or before January 31st of each year and must be accompanied by the annual renewal fee of one hundred and fifty ($150.00) dollars. (2) Licenses not renewed by January 31st of any year shall be considered delinquent and may be grounds for disciplinary action by the Board. (d) Each funeral establishment using an available embalmer must file with the Board a statement signed by the embalmer, notarized, stating that his services are available to said establishment at all times within a reasonable time after death occurs, not to exceed six (6) hours. (e) Mobile homes, mobile units, manufactured homes, et cetera, may be granted a replacement license on a case by case basis. (f) The licensed funeral director, who manages and supervises the funeral establishment, may hire such employees as may be needed to assist the funeral director in providing the services of the business of funeral directing. The funeral director is responsible for the supervision of all work performed by his agents and employees. License invalidation procedures may be brought against a licensed funeral director and funeral establishment because of the acts of their agents or employees which violate Chapter 29 Arkansas Code or the Rules and Regulations of this Board. (g) A licensed funeral director or funeral establishment may employ or use the services of, non- licensed persons to sell pre-need, pre-arranged or pre-financed funerals and/or funeral merchandise. A licensed funeral director or funeral establishment will be held accountable for the actions of all sales personnel. Such personnel are specifically prohibited from the following: (1) Making misrepresentations to potential purchasers of funeral service merchandise. (2) Placing or causing to be placed false or misleading advertising. (3) Making false statements about funeral establishments, funeral directors, or embalmers not associated with the establishment the personnel represents.

3. FUNERAL ESTABLISHMENTS TYPE B-MORTUARY SERVICE FIRMS (a) Mortuary service firms are agents of a Type A establishment and as such do not make arrangements with the public. A license for the operation of a mortuary service firm, funeral establishment Type B, shall be issued by the Board if the Board finds: (1) That the firm is under the general management and supervision of a duly licensed funeral director and embalmer. 22 (a.) The name of the general manager of the mortuary service firm shall be reported annually to the Board on forms provided by the Board. (b.) Should the general manager of the mortuary service firm leave the employment of the firm during the year, for any reason, the mortuary service firm shall notify the Board of his/her leaving within ten (10) working days and of his/her replacement within thirty (30) days. (2) That all embalming performed in the mortuary service firm’s establishment is performed by or under the direct personal supervision of a duly licensed embalmer. (3) That any place in a mortuary service firm where embalming is performed contains a preparation room with a sanitary floor, walls, and ceiling and adequate sanitary drainage and all disposal facilities including running water and complies with the sanitary standards prescribed by the Department of Health for the prevention of the spread of contagious, infectious or communicable diseases. (4) When a mortuary service firm is sold or changes ownership, the Board shall be notified, in writing, within thirty (30) days. The license then in effect shall be honored, for the new owner, until that license has expired. At that time, a new license shall be issued in the name of the new firm if said firm complies with all applicable laws, rules and regulations. (5) When a mortuary service firm closes, the Board shall be notified, in writing, within 7 days of the date of closure; and the license in force at the time of closure shall be returned to the Board office. (b) The Board shall grant or deny each application for a mortuary service firm under the provisions of this section after it is filed. No applicant may operate a mortuary service firm until notification by the Secretary of the Board that a license has been or will be issued. (c) Mortuary service firm licenses shall be issued under this section upon application and after examination of the firm and its establishment to be licensed. The application fee shall be fifty ($50.00) dollars. (1) Renewal of all mortuary service firm licenses must be made on or before January 31st of each year and must be accompanied by the annual renewal fee of one hundred and fifty ($150.00). ‘ (2) Licenses not renewed by January 31st of any year shall be considered delinquent and may be grounds for disciplinary action by the Board. (d) Each mortuary service firm using an available embalmer must file with the Board a statement signed by the embalmer, notarized, stating that his/her services are available to said firm at all times within a reasonable time after death occurs, not to exceed six (6) hours. (e) Mobile homes or mobile units are prohibited for use as a mortuary service firm establishment or branch thereof. No mobile home or mobile unit shall be used in the performance of any function or service of a mortuary service firm, except in the case of an emergency as prescribed by the Board. Mobile home, modular units, manufactured homes and similar mobile units may be granted a replacement license on a case by case basis. (f) The licensed funeral director and embalmer who manages and supervises the mortuary service firm, may hire such employees as may be needed to assist the funeral director/embalmer in providing the services of the business of funeral directing/embalming. License invalidation procedures may be brought against a licenses funeral director and licensed 23 embalmer and/or a licensed mortuary service firm because of the acts of their agents or employees which violate Chapter 29 of the Arkansas Code, or the Rules and Regulations of this Board. (g) A mortuary service firm is prohibited from providing funeral service and/or funeral merchandise other than providing shelter, care, custody and preparation of the human dead or any type of services including direct disposition or the practice for preparing of the human dead by embalming or other methods except at the request of and as the agent of a licensed funeral establishment or its representative. (h) A funeral establishment Type-B mortuary service firm shall not be required to have a selection room or display any caskets.

4. FUNERAL ESTABLISHMENT TYPE C-CREMATORY

A. A crematory is an agent of a Type A establishment and as such does not make arrangements with the public. 1 Any person doing business in this state, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization or any other entity may erect, maintain and operate a crematory in this state and provide the necessary appliances and facilities for the cremation of human remains in accordance with the provisions of these rules and regulations. 2. A crematory shall conform to all local building codes and all applicable environmental standards. 3. A crematory may be constructed on or adjacent to any cemetery, on or adjacent to any funeral establishment that is zoned commercial or industrial, or any other location consistent with local zoning regulations. 4. Application for licensure as a crematory authority shall be on forms furnished and prescribed by the Board. Application shall be in writing and shall contain the name of the applicant, the address and location of the crematory, a description of the type of structure and equipment to be used in the operation of the crematory and any further information as the Board my reasonably require. The Board shall examine the premises and structure to be used as a crematory, and shall issue a license to the crematory authority, if the applicant meets all requirements of these rules and regulations. In the event of a change of ownership of a crematory, at least thirty (30) days prior to the change, the new owners of the crematory authority shall provide the Board with their names and addresses. 5. When a crematory closes, the Board shall be notified, in writing, within seven (7) days of the date of closure; and the license in force at the time of closure shall be returned to the Board office. 6. No person, cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization or any other entity shall cremate any human remains except in a crematory licensed for this express purpose and under the limitations provided in these rules and regulations. 7. No cremations of the bodies of deceased persons shall be performed except by a crematory authority holding a valid, current license issued by the Board. 8. All crematory licenses issued by the Board shall expire on December 31st of each year, and must be renewed on or before January 31st following the date of expiration. 24 Renewal license fees, as established by the Board, must accompany each original and renewal application. 9. All renewals received after January 31st of each year are considered delinquent. The Board may impose delinquent fees and/or order a crematory authority that is delinquent in its renewal to cease operation until a renewal card has been issued by the Board. 10. Hospitals licensed by the Arkansas Department of Health may operate a facility that incinerates surgical waste, human body parts that have been surgically removed, or fetal remains with the permission of the next of kin, without an additional license issued by the Board and without the assistance of a licensed funeral establishment unless: a. They are holding themselves out to the public to be a licensed crematory authority; b. They offer cremation services to the public for the bodies of deceased persons except for the instance listed in this subsection.

B. AUTHORIZIATION AND RECORD KEEPING 1. Except as otherwise provided in this section, a crematory authority shall not cremate human remains until it has received: a. A cremation authorization form signed by an authorizing agent and which identifies the funeral director arranging the cremation. The cremation authorization form shall be provided by the crematory authority and should contain the following information: (a.) The identity of the human remains; (b.) The name of the authorizing agent and the relationship between the authorizing agent and the deceased; (c.) Authorization for the crematory authority to cremate the human remains; (d.) A representation that the authorizing agent is aware of no objection to the human remains being cremated by any person who has a right to control the disposition of the human remains; and (e.) The name of the person authorized to claim the remains from the crematory authority. b. A completed and executed burial transit permit, as provided in the laws of the State of Arkansas, indicating that the human remains are to be cremated, and; c. A representative (Example: Office Copy) of a completed Arkansas death certificate or fetal death certificate, signed by the certifier, showing the cause of death and otherwise ready for filing. d. Any other documentation required by any county or municipality. 2. If an authorizing agent is not available to execute the cremation authorization form, that person may delegate that authority to another person in writing, or, if located outside of the area, by sending the crematory authority a telegram, registered letter, or facsimile transmission that contains the name, address, and relationship of the sender to the deceased and the name and address of the individual to whom authority is delegated, indemnifying the delegated individual and the crematory authority from all liability concerning the cremation. Upon receipt of the written delegation document or a copy of this telegram, the crematory authority shall allow this individual to serve as the authorizing agent and execute the 25 cremation authorization form, and the crematory authority shall be entitled to rely upon the cremation authorization form. 3. A crematory authority should maintain the necessary records as set out in these rules and regulations. a. Upon receipt of the human remains, the crematory authority shall furnish to the person who delivers such human remains a receipt signed by both the crematory authority and the person who delivers the human remains showing: (a) The date of delivery. (b) The name of the person from whom the human remains were received and that person’s employer. (c) The name of the person who received the human remains on behalf of the crematory authority. (d) The name and license number of the crematory authority, and (e) The name of the deceased. b. The crematory authority should retain a copy of this receipt. c. A crematory authority should retain at its place of business a record of each cremation which takes place at its facility, which record shall contain the information provided for in “II B 1, “through “3” of these rules and regulations and in addition the date the cremation and distribution or disposition by the crematory authority of the cremated remains took place. 4. A crematory authority shall not accept unidentified human remains. If the crematory authority takes custody subsequent to the human remains being placed within a cremation container, the crematory authority shall place appropriate identification upon the exterior of the cremation container.

C. CREMATION CONTAINERS 1. The cremation authority shall require that human remains be placed in a cremation container prior to cremation unless the remains are already in a casket. 2. Except as provided in subsection “II.C.1 and 3”, no crematory authority shall make or enforce any rules requiring that human remains be placed a casket before cremation or that human remains be cremated in a casket, nor shall the crematory refuse to accept human remains for cremation for the reason that they are not in a casket. 3. Human remains delivered to a crematory shall not be removed from the cremation container and the cremation container shall be cremated with the human remains, unless the crematory authority has been provided with written instructions to the contrary by the authorizing agent. 4. Authorized cremation authority personnel may open the cremation container for inspection of the body.

D. CREMATION PROCEDURES 1. In the event a death comes under the authority of the coroner or medical examiner, the human remains shall not be received by the crematory authority until authorization to cremate has been received from the coroner of the county in which the death occurred or the medical examiner. In the event the crematory authority is also authorized to perform funerals as well as perform cremation, this restriction on the receipt of human remains shall not be 26 applicable, but cremation may not take place until authorization by the coroner or medical examiner. 2. A crematory authority shall hold human remains, prior to their cremation, according to the following provisions of this subsection: a. Whenever a crematory authority is unable to cremate the human remains immediately upon taking custody thereof, the crematory authority shall place the human remains in a holding facility. b. A crematory authority shall not be required to accept for holding a cremation container from which there is any evidence of leakage of the body fluids from the human remains therein. c. If human remains received by the crematory authority are not embalmed, they shall be held no longer than 24 hours unless within a refrigerated facility. 3. The unauthorized, simultaneous cremation of the human remains of more than one person within the same cremation chamber is forbidden, unless the crematory authority shall have received specific written authorization to do so from all authorizing agents for the human remains to be so cremated. Such written authorization shall include an indemnification to exempt the crematory authority from all liability for commingling of the product of the cremation process. 4. Immediately prior to being placed within the cremation chamber, the identification of the human remains, as indicated on the cremation container, shall be removed from the cremation container and placed near the cremation chamber control panel where it shall remain in place until the cremation process is complete. 5. Upon completion of the cremation, and insofar as is possible; all of the recoverable residue of the cremation process shall be removed from the cremation chamber. Insofar as possible, all residue of the cremation process shall be separated from anything other than bone fragments and then be processed so as to reduce them to unidentifiable particles. Anything other than the particles shall be removed from the cremated residuals as far as possible and shall be disposed of by the crematory authority. 6. Cremated remains shall be packed according to the following provisions of this subsection: a. The cremated remains with proper identification shall be placed in a temporary container or urn. The temporary container or urn contents shall not be contaminated with any other object, unless specific authorization has been received from the authorizing agent or as provided in subsection “b” of this part. b. The cremated remains with proper identification shall be placed within the temporary container or urn ordered by the authorizing agent. c. If the cremated remains will not fit within the dimensions of a temporary container or urn, the remainder of the cremated remains shall be returned to the authorizing agent or its representative in a separate container. d. When a temporary container is used to return the cremated remains, that container shall be placed in a suitable box and all box seams taped closed to increase the security and integrity of that container. The outside of the container shall be clearly identified with the name of the deceased person whose cremated remains are contained therein and the name of the cremation authority. e. If the cremated remains are to be shipped, the temporary container or designated receptacle ordered by the authorizing agent shall be packed securely in a suitable, 27 sturdy container which is not fragile and is sealed properly. Cremated remains shall be shipped only by a method which has an internal tracing system available and which provides a receipt signed by the person accepting delivery. 7. Embalming or refrigeration shall not be required for a forty-eight (48) hour period after death prior to cremation when an authorizing agent has indicated a preference for cremation as the form of final disposition. This twenty-four (24) hour extension of the Board’s time limit for embalming or refrigeration does not apply if death was the result of an infectious or communicable disease as defined by the proper regulatory authorities.

E. DISPOSITION OF CREMATED REMAINS 1. The authorizing agent shall be required to provide the person with whom cremation arrangements are made with a signed statement specifying the disposition of the cremated remains. A copy of this statement shall be retained by the crematory authority. 2. The authorizing agent is responsible for the disposition of the cremated remains. If, after a period of sixty (60) days from the date of cremation, the authorizing agent or his representative has not specified the ultimate disposition or claimed the cremated remains, the disposition authority or the person in possession of the cremated remains may dispose of the cremated remains in any manner permitted by law. The authorizing agent shall be responsible for reimbursing the disposition authority for all reasonable expenses incurred in disposing of the cremated remains pursuant to this section. A record of such disposition shall be made and kept by the person making such disposition. 3. In addition to disposing of cremated remains in a crypt, niche, grave or scattering garden located in a dedicated cemetery, or by scattering over uninhabited public lands, the sea or other public waterways pursuant to subsection F, cremated remains may be disposed of in any manner on the private property of a consenting owner, upon direction of the authorizing agent. If cremated remains are to be disposed of on private property, other than dedicated cemetery property, the authorizing agent shall provide the disposition authority with the written consent of the property owner. 4. Except with the express written permission of the authorizing agent no person shall: a. Dispose of or scatter cremated remains in such a manner or in such a location that the cremated remains are commingled with those of another person. The provisions of this paragraph shall not apply to the scattering of cremated remains at sea or by air from individual closed containers or to the scattering of cremated remains in an area located in a dedicated cemetery and used exclusively for such purposes. b. Place cremated remains of more than one person in the same closed container. This paragraph shall not apply to placing the cremated remains of members of the same family in a common closed container designed for the cremated remains of more than one person. 5. Cremated remains shall be delivered by the crematory authority to the individual specified by the authorizing agent on the cremation authorization form. The representative of the crematory authority and the individual receiving the cremated remains shall sign a receipt indicating the name of the deceased, and the date, time and place of the receipt. The crematory authority shall retain a copy of this receipt. After this delivery, the cremated remains may be transported in any manner in this state, without permit, and disposed of in accordance with the provisions of Arkansas law and these rules and regulations. 28 6. Cremated remains may be scattered over uninhabited public lands, a public waterway or sea, subject to the health and environmental standards, or on the private property of a consenting owner pursuant to Subsection C, if they are reduced to a particle size of one-eighth (1/8) inch or less. A person may utilize a boat or airplane to perform such scattering. Cremated remains shall be removed from their closed container before they are scattered.

F. LIMITATION OF LIABILITY 1. Each cremation authority form used by a crematory authority shall include language that authorizes it to proceed with the cremation and disposition of the cremains and indemnifications to exempt it from liability when it has performed as directed and in accordance with all applicable law and these rules and regulations in at least the following areas. a. Any person signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth in the cremation authorization form, including the identity of the deceased whose remains are sought to be cremated and that person’s authority to order such cremation. Any person signing a cremation authorization form shall be personally and individually liable for all damage occasioned thereby and resulting there from. b. A crematory authority shall have authority to cremate human remains upon the receipt of a cremation authorization form signed by an authorizing agent. There shall be no liability for a crematory authority, disposition authority, or other person or legal entity that cremates human remains pursuant to such authorization, or that releases or disposes of the cremated remains pursuant to such authorization. c. A crematory authority shall not be responsible or liable for any valuables delivered to the crematory authority with human remains. d. A crematory authority shall not be liable for refusing to accept a body or to perform a cremation in dispute until it receives a court order or other suitable confirmation that a dispute has been settled if: (a) It is aware of any dispute concerning the cremation of human remains. (b) It has a reasonable basis for questioning any of the representations made by the authorizing agent, or (c) For any other lawful reason. e. If a crematory authority is aware of any dispute concerning the release or disposition of the cremated remains, the crematory authority may refuse to release the cremated remains until the dispute has been resolved or the crematory authority has been provided with a court order authorizing the release or disposition of the cremated remains. A crematory authority shall not be liable for refusing to release or dispose of cremated remains in accordance with this subsection.

G. ADMINISTRATION 1. A crematory authority may enact additional reasonable rules and regulations, not inconsistent with applicable law and these rules and regulations, for the management and operation of a crematory. Nothing in this provision shall prevent a crematory authority from enacting rules and regulations which are more stringent than the provisions contained in these rules and regulations. 2. Violations of these rules and regulations shall be punishable in accordance with all applicable law pertaining to the Board (specifically including the powers provided in 29 ACA 17-29-403 and/or ACA 17-29-312). Any person doing business in this state, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary or religious organization, or any other entity is prohibited from: a. Maintenance or operation of a building or structure within this state as a crematory without a license or in violation of the rules and regulations of the Board or other applicable regulatory bodies. b. Holding oneself out to the public as a crematory authority without being licensed under these rules or regulations, or performing a cremation without a cremation authorization form signed by the authorizing agent. c. Signing a cremation authorization form with the actual knowledge that the form contains false or incorrect information. d Performing a cremation in other than a licensed crematory. e. Violation of any other provision of these rules and regulations. 3. Applicable penalties may be imposed by the Board whether or not the violator holds a valid current license issued to an individual, funeral establishment, crematory authority, transport service, or other entity.

H. PRE-NEED CREMATION ARRANGEMENTS 1. Any pre-need contract sold by, or pre-need funeral arrangements made with a cemetery, funeral establishment or any other party, that includes a cremation, may specify the ultimate disposition of the cremated remains, pursuant to Section “II.E”, and that portion of the agreement shall be initialed by the individual making the arrangements. In the event no additional or different instructions are provided to the crematory authority by the authorizing agent at the time of death, the crematory authority shall be authorized to release or dispose of the cremated remains as indicated in the pre-need agreement. 2. a. Any person, on a pre-need basis, may authorize their own cremation and the disposition of their cremated remains, on a pre-need cremation authorization and signed by the person as authorizing agent and by two witnesses. The person shall have the option of designating the crematory authority. A copy of this form shall be retained by the person and a copy sent to the crematory authority, if designated. Any person shall have the right to transfer or cancel this authorization at any time prior to their death by providing written notice to all applicable parties. b. At the time of such person’s death, any person in possession of an executed pre-need cremation authorization form and any person charged with making arrangements for the final disposition of the deceased who has knowledge of the existence of an executed pre-need cremation authorization form, shall use their best efforts to ensure that the deceased is cremated and disposed of according to the instructions contained on the pre-need cremation authorization form. c. The provision of this section shall only be applicable if the cremation is not in conflict with the wishes of the next of kin of the deceased. The next of kin of the deceased shall have the right to choose another form of final disposition, other than cremation, at the time of the person’s death, unless such change is in conflict with current Arkansas law.

I. SANITATION AND FIRE SAFETY 1. The crematory, cremation chamber, and all related buildings and equipment 30 shall be maintained in a clean and sanitary manner. All equipment in and related to the crematory shall be maintained in good condition according to the directions given by the manufacturer of the equipment and the appropriate regulatory authorities. 2. Crematory authorities applying for licensure after the promulgation of these rules shall construct their crematory in such a manner as to meet the following minimum standards: a. The floor of the crematory shall be of concrete and not covered with a flammable material. b. The walls and ceiling of the crematory shall be of fireproof and/or fire retardant materials. c. The crematory shall have adequate ventilation and adequate entrances and exits for the protection of the public and authority personnel. 3. No flammable material shall be stored within five feet of the cremation chamber.

J. MISCELLANEOUS 1. Acceptance of a license issued by the Board gives a Board representative the right to inspect the crematory and the records of the crematory authority at any time. 2. The holders of licenses issued by the Board shall also hold current, unexpired licenses issued by all other applicable regulatory agencies. Failure to hold such other licenses or permits shall be considered a violation of these rules and regulations. 3. Personal items placed or caused to be placed in the cremation container with the body of the deceased shall not be removed by the crematory authority or its representatives. This provision does not apply if the items could cause harm to the crematory or to the crematory authority personnel during the cremation process. 4. Any items removed from the cremation container shall be returned to the authorizing agent. 5. All cremations of human remains in this state shall be arranged through the holder of a valid, current funeral establishment license as issued by this Board, either by a licensed funeral director or other representative of the establishment except as otherwise noted in these rules and regulations. 6. Records required by these rules and regulations of crematory authorities, disposition authorities, and other parties shall be kept for a minimum of five (5) years from the date of cremation. 7. Crematory authorities operating in this state as of December 1, 1989 shall: a. Be exempt from the fire safety standards contained in these rules and regulations (Section II., I., 2. a and b) as long as they are operating in their current facilities. b. Be issued a license by the Board and given adequate time to comply with the requirements of these rules and regulations as they pertain to inclusions in their authorization forms. c. Not be responsible for record keeping requirements imposed by these rules and regulations for cremations occurring before their adoption.

5. FUNERAL ESTABLISHMENT TYPE D-TRANSPORT SERVICE FIRM LICENSURE 31 A. A transport service firm is an agent of a Type A establishment and as such is prohibited from making arrangements with the public. 1. No transport service firm headquartered or having an office in the State of Arkansas shall operate in this state without a current, valid license issued by this Board. 2. Application for licensure as a transport service firm shall be made on forms provided by the Board, identifying the ownership and the general manager of the firm. 3. A license for the operation of a transport service may be issued by the Board if the Board finds: a. That the firm is under the general management and supervision of a person approved by the Board. (a.) The general manager of a transport service firm must provide the Board with three (3) letters of reference, one of which must be the manager of a funeral establishment licensed by the Board. (b.) The general manager of a transport service firm must be at least twenty- one (21) years of age. (c.) The name of the general manager of a transport service firm shall be reported annually to the Board. (d.) Should the general manager of a transport service firm leave the employment of the firm during the year for any reason, the transport service firm shall notify the Board of his/her leaving within ten (10) working days and the name of the new general manager within thirty (30) working days. Any new general manager shall meet all Board requirements for that position. b. That any person employed by a transport service firm as a driver is: (a.) Eighteen years of age or older, and (b.) the holder of a valid driver’s license as issued by the appropriate State of Arkansas agency. c. Vehicles used by the transport service firm are suitable for the purpose for which they are being used by the firm in the transport of the human dead. (a.) Vehicles must be of adequate size and interior space. (b.) Vehicles used may at no time transport more than the number of bodies they are designed to accommodate. (c.) Vision from the outside of each transport vehicle into the area designed for transporting the dead must be restricted by tinting, curtains, shades, or other suitable means. (d.) A passenger vehicle such as a sedan may not be used except for transporting infants. (e.) A pickup truck with camper shell cover may only be used in extreme conditions caused by decomposition and odor or by extreme weather conditions or terrain. (f.) All vehicles must be kept clean and sanitary and maintained in good and serviceable condition. B. All transport service firms shall carry liability insurance coverage of not less than five hundred thousand dollars ($500,000.00). The policy shall specifically indicate that the coverage is for the transport of the human dead. Proof of required insurance shall be provided to the Board prior to issuance of an original or renewal license. 32 C. When a transport service firm is sold or changes ownership, the Board shall be notified, in writing, within thirty (30) days of finalization of the sale or change of ownership. The license in effect shall be honored for the new owner until that license has expired. Upon expiration, a new license shall be issued in the name of the new firm if said firm complies with all applicable laws, rules and regulations. When a transport service firm is closed, the Board shall be notified, in writing, within seven (7) days of closure, and the license in force at the time of closure shall be returned to the Board office. D. The Board shall grant or deny each application for a transport service firm within thirty (30) days after it is filed. No applicant may operate a transport service firm until notification by the secretary of the Board that a license has been or will be issued. E. Transport service firm licenses and renewal licenses shall be issued under this section upon application, receipt of proof of required insurance, and after approval of the Board. All licenses expire on December 31st of each year and must be renewed by January 31st. 1. An application fee shall accompany each application for licensure or renewal. 2. Renewal of all transport service firm licenses must be made on or before January 31st of each year and must be accompanied by the annual renewal fee. 3. Licenses not renewed by January 31st of any year shall be considered delinquent and may be grounds for disciplinary action by the Board. F. The general manager of a transport service firm may hire such employees as may be needed to assist him or her in providing the service of a transport service firm. Said general manger is responsible for the supervision and performance of his or her employees and agents in the course of providing the services of a transport service firm. License invalidation procedures may be brought against the firm and its general manager because of the acts or omissions of their employees and agents which violate any applicable law or the rules and regulations of the Board. G. A transport service firm may only act at the request of and as the agent of a licensed funeral establishment or its representative. H. A transport service firm is prohibited from providing shelter, care, or custody of the human dead except as provided in by law and in these and the other rules and regulations of the Board. This does not prohibit a licensed funeral director or embalmer acting as an agent and at the request of a licensed funeral establishment or its representative from providing those services. I. Holders of funeral establishment licenses issued by the Board are exempt from any requirement to hold a separate transport service firm license. J. The dignity of the deceased person shall be respected at all times by the transport service firm and its personnel. K. Acceptance of a license issued by the Board gives a Board representative the right to inspect the office of the transport service firm, its vehicles, and the records of the firm at any time. L. The holders of licenses issued by the Board shall also hold current, unexpired licenses issued by all other applicable regulatory agencies. Failure to hold such other licenses or permits shall be considered a violation of these rules and regulations. M. When acting as an agent of a funeral establishment or in the course of their normal business, ambulance companies and licensed common carriers, (examples: airlines, freight companies, railroads, etc.) may transport the bodies of the human dead in and through this state without a transport service firm license issued by the Board. 33

RULE V APPRENTICESHIP

1. Any person desiring to apprentice in the science of embalming in this state shall be 18 years of age, have graduated from an accredited high school or been issued a certificate of equivalency issued by the public school system or the military service, serve one (1) year in an Arkansas licensed establishment under an embalmer licensed by this Board, and shall assist in the preparation of at least fifty (50) bodies. This apprenticeship shall be registered with the Board, on applications provided by the Board, and individual case reports must be signed by both the apprentice and the licensed embalmer under whose supervision the work was done, and filed with the Board by the 10th day of the following month. This apprenticeship may be served before, during, or after attending mortuary school, except when receiving the State Assistance Grant to attend mortuary school, then the apprenticeship must be served prior to attending mortuary school. 2. Any person desiring to apprentice in the business of funeral directing in this state shall be 18 years of age, have graduated from an accredited high school or been issued a certificate of equivalency issued by the public school system or the military service. He/she shall serve two (2) years in an Arkansas licensed establishment under a funeral director licensed by this Board, and shall actively assist in the conducting of fifty (50) funerals. This apprenticeship shall be registered with the Board, on forms provided by the Board, and individual case reports must be signed by both the apprentice and the licensed funeral director under whose supervision the work was done, and filed with the Board by the 10th day of the following month. If any person is a graduate of an accredited school of mortuary science and has passed the National Conference Exam, that person shall be required to serve only one (1) year as an apprentice funeral director. 3. All funeral director and/or embalmer case reports must be filed in the Board inspector’s office by the 10th of the month following the month in which work was actually performed. 4. Any person who is registered as an apprentice embalmer and/or funeral director in the State of Arkansas is required to complete this apprenticeship within three (3) years of the date of registration. If not completed within three (3) years, the apprentice may re-register for a second three (3) years. If the apprenticeship is not completed within six (6) years of the date of original registration, he or she shall not be eligible to register as an apprentice for twenty-four (24) months. After this twenty-four (24) month period, a person may register as an apprentice and begin the process from the beginning, including case reports. 5. All funeral director apprentices shall perform the following duties, and register the required number of services with the Board during his/her term of apprenticeship: (a) Ten (10) services – Either make the arrangements or observe the arrangements being made with the family, including the selection of merchandise. (b) Five (5) services – Make the church set-up and organize how family and friends are to be directed. (c) Ten (10) services – Direct family, or assist in doing so, at the funeral and cemetery service, and dismiss family and friends at the conclusion of the service. (d) Five (5) services – Be in charge of the movement of the casket and instruct the pallbearers. (e) Five (5) services –Organize the funeral procession, and determine where and how parking is to be done, either chapel or church, or any other place. (f) Five (5) services – Arrange flowers. 34 (g) Five (5) services – Direct movement of people when viewing remains, at either chapel, church or any other place. (h) Five (5) services – Organize “Order of Service” with minister and musicians.

RULE VI QUALIFICATIONS OF APPLICANTS FOR EXAMINATION

1. Any person desiring to be examined in the science of embalming in the State of Arkansas must meet the requirements set forth for taking the National Conference Exam. Embalmer applicants for the Arkansas Laws Exam must have completed 18 months of their apprenticeship and/or have graduated from an accredited school of mortuary science. 2. Any person desiring to be examined in the business of funeral directing within the State of Arkansas must have completed 18 months of his/her apprenticeship. 3. Application for examination as either an embalmer or funeral director, must be made in writing, on forms provided by the Board 4. All applications for examination must be notarized, and must be accompanied by the application fee of one hundred ($100.00) dollars.

RULE VII EXAMINATIONS/LICENSURE

1. Regular examinations shall be held quarterly and/ or at the discretion of the Board. 2. Applicants for embalmer licenses shall: Take and pass both parts of the National Conference Exam as well as both parts of the Arkansas Laws Exam. 3. Applicants for a funeral director license shall be given a written and oral examination on information contained in the: (a) Arkansas Laws, Rules and Regulations Manual (b) and any other such subjects the Board may deem necessary. 4. Applicants for a funeral director license shall be required to score a minimum of 75 percent on both the written and oral parts of the Arkansas Laws Exam to successfully pass that examination. Upon passing the examination, the applicant shall be entitled to receive, from the Board, a certificate to practice the business of funeral directing, provided all the other requirements have been met. 5. Applicants for an embalmer license shall be required to score a minimum of 75 percent on both parts of the National Conference Exam and a minimum of 75 per cent on both parts of the Arkansas Laws Exam. Upon passing the examinations, the applicant shall be entitled to receive, from the Board, a certificate to practice the science of embalming, provided all the other requirements have been met. 6. All questions used on the Arkansas Laws Exam are the property of the Board, and must be returned by the applicants with their answers. 7. Any applicant giving assistance to another applicant or receiving assistance or found to have on his person material of any nature which, in the opinion of the Board, may be used to assist in the examination, shall forfeit the fee paid and be ejected from the examination, and shall not be entitled to any further consideration by the Board. 8. An applicant may qualify to take the Arkansas Laws Exam at the completion of eighteen (18) months of his/her apprenticeship 35 9. Graduates of an accredited Mortuary (Embalming) School shall be immediately eligible to take the Arkansas Laws Exam.

RULE VIII LICENSE REQUIREMENTS FOR OUT OF STATE LICENSES

Any person holding a valid, unrevoked and unexpired license as an embalmer or funeral director in another state, U.S. Territory, or Provincial Authority, may apply for a license to practice in this state as an embalmer or funeral director, or both. Application shall be made by filing with the secretary-treasurer of the board a certified statement from the secretary of the examining Board of the state, U.S. Territory or Provincial Authority in which the applicant holds his/her license showing the basis upon which the license was issued. Upon receipt of the application, the secretary of the Board may issue temporary working numbers, which are valid for one year from the date of issuance. To obtain a license, the applicant shall pass an exam to prove his/her proficiency, including at least, but not limited to, knowledge of the laws, rules and regulations of this state pertaining to funeral service. The exam may be taken at one of the regularly scheduled exam sessions set by the Board. If the Board is satisfied with the proficiency of the applicant, upon receipt of the prescribed fees in 17-29-208, a license may be granted. Failure to meet the testing requirement shall result in the revocation of the temporary working numbers and the applicant must reapply and pay the appropriate fees.

RULE IX LICENSE RENEWALS AND REINSTATEMENTS

1. (a) All embalmer and funeral director licenses issued by this Board shall expire on December 31st of each year, and must be renewed on or before January 31st following the date of expiration. (b) All establishment licenses expire on December 31st of each year, and must be renewed on or before January 31st following the date of expiration. (c) Renewal fees, as provide for, must accompany each application for renewal. (d) Every licensed embalmer and/or funeral director who is actively engaged in the practice of embalming and/or funeral directing in Arkansas shall report 8 hours of approved continuing education on the renewal form. (e) Failure to receive the renewal notice shall not relieve the licensee or establishment of the duty to pay the renewal fee as prescribed. 2. All renewals received after January 31st of each year are considered delinquent, and certificate holders are not allowed to practice the science of embalming or the business of funeral directing, until a renewal card has been issued for the current year. A delinquent fee of fifty ($50.00) dollars for each three (3) months, or fraction thereof, with a maximum of two (2) years, must be remitted with a renewal fee of two (2) years, which will include the year renewed. Any person in arrears more than three (3) years must appear before the Board at a regular meeting. 3. When a certified embalmer or funeral director shall have failed to renew his/her certificate for a period of more than three (3) years, but who shall have practiced the science of embalming or the business of funeral directing in a foreign State or Province, and upon satisfactory proof, and upon producing two (2) affidavits by responsible persons to that effect, may be reinstated upon payment of the specified renewal fee, to wit: A delinquent fee of Fifty dollars ($50.00) for each three (3) months, or fraction thereof, with a maximum of two (2) years, must be remitted with a renewal fee of two (2) years, which will include the year renewed. A renewal certificate, bearing the same number as the original certificate, shall be issued. 36 4. A licensed embalmer and or funeral director who fails to renew his/her license for a period of five (5) years, in addition to appearing before the Board and paying the required delinquent fees of fifty ($50.00) dollars per quarter, per license for a maximum of two (2) years, plus the license fees for those two (2) years, shall be required to take and pass the Arkansas Laws written and oral exams.

RULE X DUPLICATE EMBALMER, FUNERAL DIRECTOR AND FUNERAL ESTABLISHMENTS LICENSES

1. A charge or fee of twenty ($20.00) dollars shall be made for the issuance of a duplicate embalmer, funeral director, or establishment license. This fee shall apply to each duplicate license issued. The original license number and expiration date, along with the work “Duplicate” shall be affixed.

RULE XI FEES

Embalmer License Renewal..........................................$30.00
Funeral Director License Renewa...................................30.00
Establishment License Renewal ( Type A or B).............150.00
Crematory License Renewal...........................................50.00
Transport License Renewal...........,.................................50.00
Student Embalmer Application........................................50.00
Student Funeral Director Application..............................50.00
Establishment License Application (Type A, B, C, or D)..........50.00
Reciprocal Application (Emb or FD).............................150.00
Examination Fee (Emb or FD)...................................... 100.00
Delinquent Fee (Emb or FD) per quarter, per license ..........50.00
Delinquent Fee (Establishment) A,B,C or D per quarter...... 50.00
Original License (Emb or FD) ........................................10.00
Original License (Establishment) Type A,B, C or D..........35.00
Duplicate License (Emb or FD).......................................20.00
Duplicate License (Establishment) Type A,B C or D........20.00
Continuing Education Application Fee........................... 100.00

RULE XII DISCLOSURE

1. All funeral merchandise shall have a visible price card. The price card shall clearly state what merchandise and/or services are included in the quoted price. 2. Every funeral firm and/or funeral director in this state shall give, or cause to be given, to the person or persons making funeral arrangements, or arranging for the disposition of a dead human body, at the time such arrangements are completed, and prior to the time of rendering the service, and/or providing the merchandise, a written statement to the extent then known: (a) The price of the service that the person or persons have selected and what is included therein; (b) The price of each of the supplemental items of service and/or merchandise requested; (c) The amount involved for each of the items for which the firm will advance monies as an accommodation to the family; and 37 (d) The method of payment. 3. No funeral firm shall bill or cause to be billed any item that is referred to as a “Cash Advance or Cash Accommodation” item unless the net amount paid for such item or items by the funeral firm is the same as it is billed by the funeral firm.

RULE XIII AGED LICENSES

1. The Board shall waive the renewal fee for any funeral director and/or embalmer license for any licensee who has retired and whose license has been in force and effect for fifty (50) or more years on the fiftieth (50th) anniversary of that license and a Lifetime License shall be issued by the Board to that licensee

RULE XIV FUNERAL SERVICE PRACTICES

1. Authorization shall be obtained from the arranger(s) who will be responsible for the post death arrangements before removal of any body from the place of death, provided, however, that removal may be made without authorization where human dignity or the avoidance of a public nuisance requires. Such removal without authorization shall be made only pending required authorization from the arranger(s) when it can be obtained. If the funeral firm, to whose establishment the body was removed, is not the one subsequently selected to provide the immediate post death activities, such firm shall release the body to the firm or individual selected by the arranger(s); provided however, that if the initial removal was at the request of a public official or the arranger(s) who later decided to employ another firm, costs incurred in the removal, shelter and temporary care of the body shall be paid by such public officials or the arranger(s). However, such payment shall not be a prerequisite to release of the body. 2. When a funeral establishment has proper custody of a body, its personnel shall not proceed with any of the actual embalming procedures, when there is any indication that embalming is not desired; provided, however, that washing and other public health procedures such as the closing of the orifices by placing cotton soaked in a disinfectant in such orifices until such authorization is received or refused, shall not be precluded; and further provided, that if authorization cannot be obtained or denied, from the arranger(s) within a reasonable time, then preparation of the remains by the normal and usual method of embalming, for purpose of preservation and viewing, will be assumed to be granted. 3. The personnel of a funeral establishment whose services are desired shall make every reasonable attempt to fulfill the needs and desires of the deceased and/or the arranger(s), both as to service and merchandise, and a full disclosure of all its available services and merchandise shall be made to arranger(s) prior to selection of the casket and services. 4. Using any funeral merchandise previously used, in whole or in part, without prior written permission of the person selecting and/or paying for the use of the merchandise, is prohibited. 5. Any statements of legal requirements shall be complete and factual, as shall statements as to the conditions under which embalming is required or advisable. Representations as to the use of a casket or other receptacle and the necessity, if any, of an interment receptacle in connection with a funeral or an alternative thereto or for final disposition shall be truthful and shall disclose all legal and/or cemetery interment requirements. 6. The personnel shall explain, when such explanation is desired, the components of the price for alternatives to a funeral such as the following: (a) Memorial Service 38 (b) Graveside Service (c) A Direct disposition (d) Body donation without any rites of ceremonies, prior to the delivery of the body, and prices of services if there is to be such after the residue has been removed following use thereof. 7. Each funeral establishment which has a casket selection room shall have a card or brochure in each casket therein setting forth the price of the service using said casket and listing the services and other merchandise included in the price, if any. Where there are separate prices for the casket and/or services, and/or the use of facilities and/or equipment, such card should indicate the price of the casket and of the items separately priced. The price of the casket only may be displayed on such card in the casket, if all other separately priced items are provided in writing prior to the selection of the casket; provided, however, that such price be accompanied by language that the price quoted is for the casket only. 8. Funeral service firms are required to make reasonable adjustments in their price when less than the quoted offering is utilized. 9. When death occurs in a place other than where the funeral or other services or final disposition are to take place, and the service of two funeral firms are necessary, the funeral firm engaged at the place of death shall charge only for the professional services, facilities and merchandise provided, and a representative thereof shall so notify the funeral firm to which the body will be forwarded. The receiving funeral firm shall charge only for the professional services, facilities and merchandise provided by it. There shall be a duplication of charges by the forwarding and receiving funeral firms only when there is a duplication of professional services, facilities or merchandise pursuant to the request of the arranger(s). 10. Every funeral firm shall have available to the public before and at the time of need, factual information about immediate post death activities, including funeral prices, alternative types of services and their prices. Such information shall include the functions, services and responsibilities of the funeral service firm. 11. In an advertisement, whenever references are made to a service available, such as “a funeral”, “complete funeral” “complete service” “memorial service”, or “direct disposition”, factual information also shall be given as to professional services, facilities, equipment, merchandise and miscellaneous items including in said terminology and regularly obtainable from the firm(s) named in the advertisement. 12. No funeral service firm shall employ any form of “bait advertising” as described in this rule. 13. Any advertisement to offer to provide a service at a stipulated price shall me made in good faith, and (a) The merchandise to be used in the service shall be a part of the regular merchandise displayed by or for the funeral service firm; and (b) The desirability of such offer shall not be disparaged or otherwise discouraged. 14. No principal, employee, or agent of a funeral service firm will make inaccurate statements concerning the prices charged or nature of services provided by other funeral service firms. 39

RULE XV COMPLAINTS

1. Complaints concerning violations of these Rules and Regulations may be made by the Board itself, through its Inspector, Investigator, Secretary, or other official, or by a member of the public. 2. All complaints shall be filed with the Secretary of the Board. 3. A copy of that complaint will be sent to the licensee or party against whom the complaint has been lodged. 4. The licensee or other party is to be given fifteen (15) days to respond, in writing, to the allegations of the complainant. Failure to respond to the complaint is an automatic violation. 5. All complaints and responses shall be typed, signed and notarized. 6. The Secretary will review the complaint and responses to determine if further investigation is warranted. The Secretary may direct the Board Inspector to obtain statements or other information. 7. The complaint, response and other information, if any, will be forwarded to the Board Legal Counsel, the Arkansas Attorney General and Board members for review. 8. The Board will review the relevant documentation to determine whether official action will be taken. 9. If the Board finds there is reasonable grounds for belief the licensee is guilty of violation of Chapter 29, Arkansas Code, or the Rules and Regulations, then the Board will cause the Secretary to issue Order and Notice of Hearing, which will be served on the licensee or other party by Certified Mail. This notice will contain all the information required by the Administrative Procedures Act. 10. The Secretary shall give twenty (20) days written notice to the complainant of the time and place of the hearing. Failure to appear at the Hearing is an automatic violation. 11. The Hearing will be conducted by the President of the Board, in accordance with the Administrative Procedures Act. At all hearings, the Board will be provided the legal counsel or the Arkansas Attorney General’s Office.

RULE XVI PARLIAMENTARY PROCEDURES

1. Roberts Rules of Order is adopted as the official Parliamentary Manual, and the rules contained therein shall govern the Arkansas State Board of Embalmers and Funerals Directors in all cases to which they are applicable and which do not conflict with the State Statutes and the Rules and Regulations of this Board.

Subchapter 2
Embalmers and Funeral Directors Law
State Board of Embalmers and Funeral Directors

17-29-201. Creation — Members.
17-29-202. Meetings.
17-29-203. Selection of officers.
17-29-204. Duties of secretary-treasurer.
17-29-205. Inspector.
17-29-206. Employees.
17-29-207. Rules and regulations.
17-29-208. Fees.
17-29-209. Continuing education.
17-29-210. Legal counsel.
17-29-211. Administrative activities.

17-29-201. Creation — Members.

(a)  There is created the State Board of Embalmers and Funeral Directors. (b)  (1)  The board shall consist of seven (7) members, appointed by the Governor with the advice and consent of the Senate for a term of three (3) years.      (2)  Four (4) members, at least one (1) of whom shall be from each of the four (4) congressional districts, and one (1) at large representative shall be appointed as follows:           (A)  (i)  Five (5) members of the board shall be embalmers or funeral directors, or both, licensed under § 17-29-301 et seq. who shall have had at least five (5) consecutive years of active experience as embalmers or funeral directors in Arkansas immediately preceding appointment.                 (ii)  The Governor shall appoint members to the board from three (3) nominees submitted by the licensed embalmers and funeral directors. In the event that no nominations are submitted to the Governor by July 1 of any year in which an appointment is to be made, the Governor may make the appointment provided that the appointee meets the other requirements for board membership; and           (B)  One (1) member of the board shall be designated as a consumer representative. He or she shall be appointed from the state at large, subject to confirmation by the Senate, but he or she shall not be required to be appointed from a list submitted by the licensed embalmers and funeral directors. He or she shall be a full voting member.      (3)  (A)  One (1) member of the board shall not be actively engaged in or retired from the profession of embalming and funeral directing, shall be sixty (60) years of age or older, and shall represent the elderly. He or she shall be appointed from the state at large, subject to confirmation by the Senate, but he or she shall not be required to be appointed from a list submitted by the licensed embalmers and funeral directors. He or she shall be a full voting member.           (B)  The position may not be held by the person holding the consumer representative position. (c)  No member shall serve more than three (3) consecutive three-year terms on the board. (d)  (1)  The Governor may remove any member of the board for incompetence or improper conduct.      (2)  Vacancies caused by death, resignation, or removal before the expiration of the term shall be filled by the Governor for the remainder of the term. (e)  The Governor shall furnish each member appointed to the board a certificate of appointment stating the date of the appointment and the date of the expiration of the appointment. Before entering upon his or her duties, each member appointed to the board shall qualify by taking the oath of office before an officer authorized by law to administer oaths in this state. This shall be noted on the certificate of appointment. (f)  Members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

History. Acts 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1983, No. 325, §§ 1, 3; A.S.A. 1947, §§ 6-623 — 6-626, 71-901, 71-903; Acts 1995, No. 646, § 3; 1997, No. 250, § 136; 1997, No. 839, § 1.

17-29-202. Meetings.

(a)  The State Board of Embalmers and Funeral Directors shall hold not less than one (1) meeting annually for the purpose of selecting nominees for the appointment of one (1) to a term on the board. The meeting shall be held at such time and place as the board may determine, after notice of the meeting has been given to the general public in a manner to be determined by the board, at least thirty (30) days prior to the meeting. (b)  The board shall hold at least two (2) examinations each year at convenient times and places. (c)  The board may hold such other meetings as it may deem necessary. (d)  Four (4) or more members shall comprise a quorum.

History. Acts 1983, No. 325, § 2; A.S.A. 1947, § 71-902; Acts 1999, No. 1138, § 1.

17-29-203. Selection of officers.

(a)  The State Board of Embalmers and Funeral Directors appointed under the provisions of this chapter, and each successor thereto, is authorized to select from its own membership a president, vice president, and secretary-treasurer who shall serve for one-year terms or until their successors are elected and qualified. (b)  In the event no member of the board is able for any reason to serve as secretary-treasurer, then by a majority vote of the board, it may employ a person to serve as secretary-treasurer and that person is not required to be a licensed embalmer or funeral director.

History. Acts 1983, No. 325, § 3; A.S.A. 1947, § 71-903; Acts 1989, No. 106, § 1.

17-29-204. Duties of secretary-treasurer.

The Secretary-treasurer of the State Board of Embalmers and Funeral Directors shall:      (1)  Have general supervision and be held responsible for the direction of the office of the board;      (2)  Have general supervision over field inspection and enforcement of the provisions of this subchapter and § 17-29-301 et seq.;      (3)  Be responsible to the board. Such responsibility shall include timely dissemination of information;      (4)  Be responsible for making public the procedures for making inquiries into the practice of funeral directors or embalmers and for making complaints concerning the practices;      (5)  Keep a record in which shall be registered the name and business address of every person to whom licenses have been granted in accordance with § 17-29-301 et seq., the number and date of the license, and the date of renewal of the license;      (6)  Supply on request to any person licensed as an embalmer or funeral director, to common carriers in this state, to hospitals licensed in this state, or to other persons reasonably entitled to a list of all persons and funeral establishments holding licenses under § 17-29-301 et seq. The publication giving the information shall include all laws, rules, and regulations regarding the practice of embalming or funeral directing;      (7)  Hold all moneys received by the board to pay the necessary and allowable expenses for the operation of the board in carrying out the provisions of this subchapter and § 17-29-301 et seq.      (8)  Give bond to the State of Arkansas in such sum as the board may direct. Any premiums payable for the bond shall be paid from the funds of the board. The bond shall be deposited with the Auditor of State;      (9)  Receive and be paid an annual salary not to exceed the amount authorized by law; and      (10)  Be authorized to receive reimbursement for expenses incurred in performance of duties.

History. Acts 1983, No. 325, § 3; A.S.A. 1947, § 71-903; Acts 1997, No. 250, § 137.

17-29-205. Inspector.

(a)  There may be appointed by the State Board of Embalmers and Funeral Directors an agent or agents whose title shall be Inspector of the Board of Embalmers and Funeral Directors of the State of Arkansas. No person shall be eligible for appointment to the office unless he or she has not fewer than five (5) consecutive years of active experience as an embalmer and funeral director licensed in this state. The board may appoint an investigator who need not be a licensed embalmer or funeral director. (b)  The inspector shall hold office at the pleasure of the board who shall determine his or her duties. (c)  The inspector, with proper identification, is authorized to enter the office, premises, establishment, or place of business of any business in this state where the practice of embalming or funeral directing is carried on, or where the practice is advertised as being carried on, for the purpose of inspecting the premises or establishment, inspecting the license and registration of any licensee, inspecting the manner and scope of training given to any apprentice therein, and to ensure compliance with all state laws, rules, and regulations pertaining to funeral service. Acceptance of a license under § 17-29-301 et seq. shall be the licensee's permission for the inspector to enter his or her business premises without legal process. (d)  The inspector is further authorized to serve and execute any process issued by any court under the provisions of this chapter, to serve and execute any papers or process issued by the board under the authority of this subchapter and § 17-29-301 et seq., and to perform such other duties as prescribed or ordered by the board. (e)  The inspector shall not accept any employment, salary, fees, or other remuneration from a funeral establishment or wholesale firm dealing in funeral supplies and equipment. (f)  The inspector shall receive such compensation as the board may determine within the maximum authorized by law.

History. Acts 1983, No. 325, § 3; A.S.A. 1947, § 71-903; Acts 1989, No. 106, § 2; 1997, No. 839, § 2.

17-29-206. Employees.

The State Board of Embalmers and Funeral Directors may employ clerical assistants or other employees as authorized by law and as necessary to carry out the provisions of this subchapter and § 17-29-301 et seq. The terms and conditions of the employment shall be determined by the board.

History. Acts 1983, No. 325, § 3; A.S.A. 1947, § 71-903. 17-29-207.

Rules and regulations.

(a)  The State Board of Embalmers and Funeral Directors is empowered to promulgate appropriate rules and regulations for the transaction of its business and for the betterment and promotion of the standards of service and practice to be followed in the practice of embalming and funeral directing in the State of Arkansas as it may deem expedient and consistent with the laws of this state and for the public good. (b)  The board is expressly authorized and empowered to promulgate rules and regulations reasonably necessary to reflect any changes in the law as adopted by the United States Congress or any appropriate agency of the United States Government as it affects funeral establishments, funeral directors, or embalmers and for the purpose of keeping this law consistent with, and compatible to, the laws of the United States. (c)  The board is authorized and empowered to determine the qualifications necessary to practice the science of embalming or the business of funeral directing, or both, and shall adopt bylaws, rules, and regulations in connection with the care and disposition of dead human bodies in this state. The board shall enforce compliance with the laws, rules, and regulations by those engaged in the science of embalming and business of funeral directing in this state and may transact any other business necessary for carrying out the provisions of this subchapter and § 17-29-301 et seq. (d)  (1)  The board may promulgate reasonable regulations for the licensing of crematoriums.      (2)  (A)  Beginning January 1, 1990, no crematorium may be operated in this state unless licensed by the board, and no person shall be cremated in this state except at a licensed crematorium.           (B)  Violations of this subsection are Class A misdemeanors. (e)  (1)  In the interest of public health and to ensure the safe, secure, and timely transportation of dead human bodies in and through Arkansas, the board is authorized to license, inspect, and promulgate reasonable regulations for any person, partnership, corporation, association, society, or other legal entity engaged in the business of transporting dead human bodies over the public streets and highways of this state.      (2)  Violations of regulations promulgated under this subsection are Class A misdemeanors.

History. Acts 1983, No. 325, §§ 4, 10; A.S.A. 1947, §§ 71-904, 71-910; Acts 1989, No. 106, § 6.

17-29-208. Fees.

The State Board of Embalmers and Funeral Directors shall establish and collect reasonable fees.

History. Acts 1983, No. 325, § 8; A.S.A. 1947, § 71-908; Acts 1989, No. 106, § 3.

17-29-209. Continuing education.

(a)  The State Board of Embalmers and Funeral Directors may develop and establish by regulation a program for continuing education and its requirements for all funeral directors and embalmers licensed under § 17-29-301 et seq. (b)  The board shall have the authority to excuse licensees, as a group or as individuals, from a continuing education program, in the event any unusual circumstances, emergency, or hardship prevents participation in the program.

History. Acts 1983, No. 325, § 3; A.S.A. 1947, § 71-903.

17-29-210. Legal counsel.

(a)  The State Board of Embalmers and Funeral Directors, when it shall deem necessary, shall be represented by the Attorney General. (b)  It may also employ special counsel when necessary, whose services shall be paid for from funds of the board. Special counsel shall be retained only with the prior approval of the Attorney General.

History. Acts 1983, No. 325, § 3; A.S.A. 1947, § 71-903.

17-29-211. Administrative activities.

The Executive Secretary of the Burial Association Board shall also be responsible for the administrative activities of the State Board of Embalmers and Funeral Directors.

History. Acts 1997, No. 39, § 3.

Subchapter 3 — Embalmers and Funeral Directors Law — Licensing

17-29-301. Embalmers — Qualifications.
17-29-302. Funeral directors — Qualifications.
17-29-303. Embalmers, funeral directors — Examination — Certificates.
17-29-304. Funeral establishment — Requirements.
17-29-305. Funeral establishments — Examinations — Licenses.
17-29-306. Renewal.
17-29-307. Revocation.
17-29-308. Grandfather clause.
17-29-309. Retired embalmers or funeral directors.
17-29-310. License requirements for out-of-state licenses.
17-29-311. Violations — Prohibitions.
17-29-312. Suspension or revocation — Procedure.
17-29-313. Permit required for crematorium construction.

17-29-301. Embalmers — Qualifications.

(a)  Every person who desires to practice the science of embalming in this state shall:      (1)  Be at least eighteen (18) years of age;      (2)  Be a graduate of an accredited high school or the equivalent thereof;      (3)  Be a graduate of a school of embalming, which is accredited by the American Board of Funeral Service Education or accredited by the State Board of Embalmers and Funeral Directors;      (4)  Make a written application to the State Board of Embalmers and Funeral Directors attaching the fee as prescribed in § 17-29-208;      (5)  Have served as a registered apprentice embalmer for not less than twelve (12) months in the State of Arkansas under the direct personal supervision of an Arkansas-licensed embalmer and submit at least fifty (50) case reports to the State Board of Embalmers and Funeral Directors; and      (6)  Take and pass both parts of the National Board Examination and both parts of the Arkansas laws, rules, and regulations exam and present himself or herself to the State Board of Embalmers and Funeral Directors for a licensing interview. (b)  (1)  Any person desiring to engage in the science of embalming in this state, in addition to graduating from an approved college of mortuary science recognized by the State Board of Embalmers and Funeral Directors, shall serve an apprenticeship of one (1) year in the State of Arkansas under an embalmer licensed by the State Board of Embalmers and Funeral Directors and shall assist in the preparation of at least fifty (50) bodies.      (2)  (A)  This apprenticeship shall be registered with the State Board of Embalmers and Funeral Directors on applications provided by the State Board of Embalmers and Funeral Directors.           (B)  Individual case reports shall be signed by both the apprentice and the licensed embalmer under whose supervision the work was done and filed with the State Board of Embalmers and Funeral Directors by the tenth day of the following month.      (3)  (A)  This apprenticeship may be served before, during, or after attending a college of mortuary science except when the applicant is receiving financial assistance from the state to attend mortuary school, in which instance the apprenticeship shall be served prior to attending mortuary school.           (B)  This subdivision (b)(3) applies to persons who were enrolled in mortuary school on January 1, 2000, and those who enroll after that date.

History. Acts 1983, No. 325, §§ 4, 5; A.S.A. 1947, §§ 71-904, 71-905; Acts 1997, No. 839, § 3; 1999, No. 1138, § 2; 2001, No. 792, § 1; 2003, No. 367, § 1.

17-29-302. Funeral directors — Qualifications.

(a)  Every person who desires to engage in the business of funeral directing in this state shall:      (1)  Be at least eighteen (18) years of age;      (2)  Be a graduate of an accredited high school or the equivalent thereof;      (3)  (A)  Have served as an apprentice funeral director for not less than twenty-four (24) months in the State of Arkansas under the direct personal supervision of an Arkansas-licensed funeral director.           (B)  Completion of the requirement to be a graduate of a school of embalmers as set forth in § 17-29-301(a)(3) may be substituted for twelve (12) of the twenty-four (24) months' apprenticeship established in this section;      (4)  Make application to the State Board of Embalmers and Funeral Directors and attach the fee as prescribed in § 17-29-208; and      (5)  Present himself or herself before the board at a time and place fixed by the board and make a passing grade on both the written and oral examinations. (b)  (1)  Any person desiring to engage in the business of funeral directing in the State of Arkansas shall serve an apprenticeship of two (2) years in the State of Arkansas under a funeral director licensed by the board, and that person shall actively assist in conducting fifty (50) funerals. Notice of the apprenticeship shall be recorded with the secretary of the board and by the licensed funeral director supervising the apprenticeship not later than thirty (30) days after the commencement of the apprenticeship.      (2)  If any person is a graduate of an accredited mortuary program and has passed the National Board Examination, that person shall be required to serve one (1) year as an apprentice funeral director.      (3)  The board shall have the power to suspend or revoke a certificate of apprenticeship for violation of any provision of this subchapter or § 17-29-201 et seq. (c)  The board may require applicants for licensure as funeral directors to successfully complete up to twenty (20) hours of classroom instruction in funeral service practices and ethics, and laws, rules, and regulations affecting funeral service. Only courses of instruction approved by the board shall satisfy this requirement.

History. Acts 1983, No. 325, §§ 4, 5; A.S.A. 1947, §§ 71-904, 71-905; Acts 1989, No. 106, § 4; 1999, No. 1138, § 3; 2003, No. 367, § 2.

17-29-303. Embalmers, funeral directors — Examination — Certificates.

(a)  Within a reasonable time and in a place reasonably accessible to the applicant, after completion and filing of an application with the State Board of Embalmers and Funeral Directors, the board shall subject each applicant to a written and oral examination as to his or her competency to act as an embalmer or funeral director, or both. (b)  If on examination the board finds that the applicant possesses a knowledge of the science of embalming, sanitation, and disinfection, or funeral directing, or both, and meets the qualifications prescribed herein, the board shall issue the applicant a certificate authorizing him or her to practice the science of embalming or to engage in the business of funeral directing, or both. The board shall then register the applicant as a duly certified embalmer or funeral director, or both. (c)  The certificate shall be signed by the president and secretary of the board and shall have the official seal affixed. (d)  Every license holder shall maintain his or her license in a convenient place in his or her office or place of business.

History. Acts 1983, No. 325, § 4; A.S.A. 1947, § 71-904.

17-29-304. Funeral establishment — Requirements.

(a)  No person shall conduct, maintain, manage, or operate a funeral establishment unless a license for each establishment has been issued by the State Board of Embalmers and Funeral Directors and is displayed in the funeral establishment. (b)  (1)  No license shall be issued to operate a full-service funeral establishment by the board unless the establishment has employed a full-time person licensed as a funeral director.      (2)  If the establishment is a part of a multiunit enterprise within this state, only one (1) establishment within the multiunit enterprise must have a full-time person licensed as funeral director, provided the full-time licensed person is reasonably accessible to the branch establishment. (c)  Application for the funeral establishment licenses shall be made on forms furnished by the board, on or before January 1 of each year, and accompanied by the specified fee. (d)  All embalming therein shall be performed by or under the direct supervision of an Arkansas-licensed embalmer. (e)  An establishment in which embalming is conducted shall have a preparation room with a sanitary floor, walls, and ceiling, adequate sanitary drainage and disposal facilities, including running water, and exhaust fans. Such an establishment shall comply with the regulations of the Department of Health for the prevention of the spread of contagious, infectious, or communicable diseases. (f)  Each funeral establishment using an available embalmer shall file with the board a notarized statement signed by the embalmer, stating that his or her services are available to the establishment at all times, and within a reasonable time after death occurs, not to exceed six (6) hours. (g)  A funeral establishment shall contain a casket selection room with a reasonable number of caskets therein. The reasonable number shall be determined by the board. However, if an establishment is a part of a multiunit enterprise, only one (1) establishment in the enterprise need have a selection room if it is within a reasonable distance of other establishments within the multiunit enterprise. (h)  Mobile homes or mobile units are prohibited for use as a funeral establishment or branch thereof. No mobile home or mobile units shall be used for the performance of any function or service of a funeral establishment except in case of emergency as prescribed by the board. Mobile homes, modular units, manufactured homes, and similar mobile units may be granted a replacement license on a case-by-case basis.

History. Acts 1983, No. 325, § 4; A.S.A. 1947, § 71-904; Acts 1999, No. 1138, § 4; 2003, No. 367, § 3.

17-29-305. Funeral establishments — Examinations — Licenses.

(a)  (1)  Funeral establishment licenses shall be issued, upon application to the State Board of Embalmers and Funeral Directors, only after examination of the establishment to be licensed reveals that the requirements of the board for an establishment license have been met. The fee shall accompany the application for a funeral establishment license.      (2)  All funeral establishment licenses expire on December 31 of each year.      (3)  The board shall grant or deny each application for a license under this section after it is filed.      (4)  No person who has filed an application for a license shall be prosecuted for violation of this section unless it is shown that this application was duly denied by the board and that he or she was duly notified of the denial. (b)  When an establishment changes ownership, the board shall be notified in writing within thirty (30) days. At that time, a new license shall be issued in the name of the new establishment, provided that the requirements for licenses as established herein are met.

History. Acts 1983, No. 325, § 4; A.S.A. 1947, § 71-904; Acts 1997, No. 839, § 4; 1999, No. 1138, § 5.

17-29-306. Renewal.

(a)  Every license holder under the provisions of this subchapter who wishes to continue the practice of the science of embalming or the business of funeral directing, or both, shall pay to the secretary-treasurer of the State Board of Embalmers and Funeral Directors on or before January 31 of each year a renewal fee. Certificates not renewed by January 31 of any year shall be considered delinquent. Any person in arrears more than three (3) years shall make application to the board and appear before the board at a regular meeting to be eligible for renewal of license. (b)  Renewal of all funeral establishment licenses shall be made on or before January 31 of each year and shall be accompanied by the annual renewal fee prescribed in § 17-29-208. Licenses not renewed by January 31 of any year shall be considered delinquent and constitute grounds for disciplinary action by the board. (c)  Failure to receive the renewal notice shall not relieve the licensee or establishment of the duty to pay the renewal fee as prescribed.

History. Acts 1983, No. 325, §§ 4, 7; A.S.A. 1947, §§ 71-904, 71-907; Acts 1997, No. 839, § 5.

17-29-307. Revocation.

(a)  The State Board of Embalmers and Funeral Directors may refuse to renew, or may suspend or revoke, a license issued under this subchapter if it finds, after hearing, that the funeral establishment does not meet any one (1) or all of the requirements set forth in this subchapter or § 17-29-201 et seq. (b)  No new license shall be issued to the owner of a funeral establishment or to a corporation controlled by that owner for one (1) year after the revocation of the license. (c)  Before any action can be taken under this section, the procedure for notice and hearing prescribed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall be followed.

History. Acts 1983, No. 325, § 4; A.S.A. 1947, § 71-904.

17-29-308. Grandfather clause.

Any person currently holding an embalmer's license or a funeral director's license or any funeral establishment holding a license on March 3, 1983, shall not be required to make application for, or submit to, an examination, but shall be entitled to a renewal of such a license, upon the same terms and conditions as are herein provided for the renewal of licenses of those who may be licensed after March 3, 1983, and such rules and regulations as the State Board of Embalmers and Funeral Directors may adopt in pursuance of this subchapter and § 17-29-201 et seq.

History. Acts 1983, No. 325, § 9; A.S.A. 1947, § 71-909.

17-29-309. Retired embalmers or funeral directors.

The State Board of Embalmers and Funeral Directors shall have the power to adopt appropriate rules and regulations regarding the issuance and renewal of license to individuals who shall have retired from the active practice of embalming or funeral directing based upon the age of the individuals or years of licensure.

History. Acts 1983, No. 325, § 9; A.S.A. 1947, § 71-909.

17-29-310. License requirements for out-of-state licenses.

Any person holding a valid, unrevoked, and unexpired license as an embalmer or funeral director in another state, territory, or provincial authority may apply for a license to practice in this state as an embalmer or funeral director, or both. Application shall be made by filing with the Secretary-treasurer of the State Board of Embalmers and Funeral Directors a certified statement from the secretary of the examining board of the state, U.S. territory, or provincial authority in which the applicant holds his or her license showing the basis upon which the license was issued. Upon receipt of the application, the secretary of the board may issue temporary working numbers, which are valid for one (1) year from the date of issuance. To obtain a license, the applicant shall pass an exam to prove his or her proficiency, including at least, but not limited to, a knowledge of the laws, rules, and regulations of this state pertaining to funeral service. The exam may be taken at one (1) of the regularly scheduled exam sessions set by the board. If the board is satisfied with the proficiency of the applicant, upon receipt of the prescribed fees in § 17-29-208, a license may be granted. Failure to meet testing requirements shall result in revocation of the temporary working numbers, and the applicant must reapply and pay the appropriate fee.

History. Acts 1983, No. 325, § 6; A.S.A. 1947, § 71-906; Acts 1997, No. 839, § 6; 1999, No. 1138, § 6.

17-29-311. Violations — Prohibitions.

(a)  The State Board of Embalmers and Funeral Directors may issue letters of reprimand or caution, refuse to issue or renew a license, suspend or revoke any license for the practice of embalming or funeral directing, or may place the holder thereof on a term of probation after proper hearing upon finding the holder of the license to be guilty of acts of commission or omission, including the following:      (1)  Conviction of a felony;      (2)  Misrepresentations made or fraud committed as a holder of a license;      (3)  False or misleading advertising;      (4)  Solicitation of dead human bodies by the licensee, his or her agents, assistants, or employees, whether the solicitation occurs after death or while death is impending, provided that this prohibition shall not be deemed to prohibit general advertising;      (5)  Employment directly or indirectly of an apprentice, agent, assistant, employee, or other person on a part-time or full-time basis or on a commission for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral establishment;      (6)  The direct or indirect payment or offer of payment of a commission by the licensee, his or her agents, assistants, or employees for the purpose of securing business;      (7)  Allowing personnel unlicensed pursuant to this subchapter to execute contracts for funeral service;      (8)  Aiding or abetting an unlicensed person to practice embalming or funeral directing;      (9)  Violation of any provision of this subchapter and § 17-29-201 et seq.;      (10)  Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of dead human bodies;      (11)  Fraud or misrepresentation in obtaining or renewing a license;      (12)  Refusing to properly release a dead human body to the custody of the person or entity having the legal right to effect such a release;      (13)  Willful failure to secure a permit for the removal or burial or other disposition of a dead human body;      (14)  Knowingly making a false statement on a certificate of death;      (15)  Violations of applicable law or regulation with regard to prearranged or prepaid funeral services or funeral merchandise. However, the proper regulatory agency for prearranged or prepaid funeral services or funeral merchandise shall have determined that such a violation has occurred;      (16)  Discriminating in services because of race, creed, color, or national origin;      (17)  Failure to meet continuing education requirements; or      (18)  Failure to answer a complaint within the fifteen-day time period. (b)  No violation of subdivision (a)(4), (5), (6), or (7) of this section shall be deemed to have occurred when in the ordinary course of business a routine sale of a prearranged or a prefinanced funeral or of funeral merchandise shall have been made. (c)  No person licensed pursuant to this subchapter shall remove or embalm a dead human body when he or she has information indicating crime or violence of any sort in connection with the cause of death until permission of the coroner or medical examiner, or some other fully qualified person acting in such a capacity if there is no coroner or medical examiner, has first been obtained. (d)  No public officer or employee, the official of any public institution, any physician or surgeon, or any other person having a professional relationship with any decedent shall send or cause to be sent to a funeral establishment or to any person licensed pursuant to this subchapter the remains of any deceased person without having first made due inquiry as to the desires of the next of kin and of the persons who may be chargeable with the funeral and expenses of the decedent. If any such kin is found, his or her authority and directions shall govern except in those instances in which the deceased made his or her arrangements. (e)  It shall be unlawful for any person, partnership, corporation, or association who has not been licensed or registered as specified in this subchapter to transact, practice, or hold himself or herself or itself out as transacting or practicing embalming or funeral directing or operating or maintaining a funeral establishment within this state. (f)  All dead human bodies not buried or otherwise disposed of within twenty-four (24) hours after death shall be embalmed as prescribed in this subchapter or § 17-29-201 et seq. or stored under refrigeration as determined by the State Board of Health. (g)  It shall be unlawful and a violation of this subchapter and § 17-29-201 et seq. to transport or otherwise transfer by common carrier any dead human body out of the State of Arkansas unless the body has been prepared and embalmed by a licensed embalmer of this state and a transit-burial permit has been issued by the local registrar of the county where death occurred. Any licensee of this state permitting this to be done shall be subject to the punishment spelled out in this subchapter and § 17-29-201 et seq. (h)  It shall be unlawful and a violation of this chapter for any person to engage in the practice of embalming or funeral directing or to hold himself or herself out to the public as a practicing embalmer or funeral director within the State of Arkansas without being the holder of a license.

History. Acts 1983, No. 325, § 11; A.S.A. 1947, § 71-911; Acts 1997, No. 839, § 7; 2003, No. 367, § 4.

17-29-312. Suspension or revocation — Procedure.

(a)  Whenever the State Board of Embalmers and Funeral Directors has reason to believe that any person to whom a license has been issued has become unfit to practice as an embalmer or funeral director or has violated any of the provisions of this subchapter and § 17-29-201 et seq., or any rules or regulations prescribed, or whenever written complaint charging the holder of a license with the violation of any provision of this subchapter or § 17-29-201 et seq. is filed with the board, it shall be the duty of the board to start an investigation within thirty (30) days of the receipt of the complaint. (b)  If from such an investigation it shall appear to the board that there is reasonable ground for belief that the accused may have been guilty of the violations charged, a time and place shall be set by the board for a hearing to determine whether or not the license of the accused shall be suspended or revoked. Any member of the board shall have the right to administer oaths to witnesses. The hearing and appeals therefrom shall be pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c)  No action to suspend, revoke, or cancel any license shall be taken by the board until the accused has been furnished with a statement of the charges against him or her and by whom he or she is charged and a notice of the time and place of hearing.

History. Acts 1983, No. 325, § 11; A.S.A. 1947, § 71-911.

17-29-313. Permit required for crematorium construction.

(a)  No crematoriums shall be constructed in this state without a permit issued by the State Board of Embalmers and Funeral Directors. (b)  (1)  Upon receiving an application for the construction of a crematorium, the board shall cause to be published in a newspaper having general circulation within the county wherein the crematorium is proposed to be constructed a notice of the date and time of a public hearing on the application.      (2)  The notice must be published no more than two (2) weeks nor less than one (1) week prior to the public hearing.      (3)  The owners of property located within two hundred fifty feet (250") of the proposed site of the crematorium shall be notified by the board by registered mail.      (4)  The public hearing shall be held in the city or county wherein the proposed crematorium is to be located.

History. Acts 1993, No. 365, § 1.

Subchapter 4
Embalmers and Funeral Directors Law
Enforcement

17-29-401. Criminal penalties.
17-29-402. Injunctions.
17-29-403. Civil penalties — Attorney's fees — Code of conduct.
17-29-404. Civil appeals.
17-29-405. Deposit and distribution of funds.

17-29-401. Criminal penalties.

Any person who, after February 28, 1985, practices the science of embalming, engages in the business of funeral directing, or conducts, maintains, manages, or operates a funeral establishment without a license issued under any provision of §§ 17-29-201 et seq. and 17-29-301 et seq. shall be guilty of a Class A misdemeanor and subject to the punishment prescribed for Class A misdemeanors in the Arkansas Criminal Code.

History. Acts 1985, No. 217, § 5; A.S.A. 1947, § 71-930.

17-29-402. Injunctions.

Without posting bond, the State Board of Embalmers and Funeral Directors may petition the circuit court of the county where the violation occurred to enjoin violations of §§ 17-29-201 et seq. and 17-29-301 et seq. or board regulations promulgated thereunder.

History. Acts 1985, No. 217, § 6; A.S.A. 1947, § 71-931.

17-29-403. Civil penalties — Attorney's fees — Code of conduct.

(a)  Whenever the State Board of Embalmers and Funeral Directors, after a hearing conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., determines that a person has violated any provision of §§ 17-29-201 et seq. and 17-29-301 et seq., or any regulations promulgated by the board pursuant thereto, the board may impose a civil penalty on such a person not to exceed ten thousand dollars ($10,000). (b)  If a person against whom a civil penalty has been imposed by the board fails to pay the penalty, the board may file an action in the Circuit Court of Pulaski County to collect the civil penalty. (c)  If the board prevails in the action, the defendant shall be directed to pay, in addition to the civil penalty, reasonable attorney's fees and costs incurred by the board in prosecuting the action. (d)  Upon determination by the board that a licensee has committed malpractice, the board may suspend or revoke the license or impose the civil penalty provided in subsection (a) of this section or impose the civil penalty in addition to the suspension or revocation. Furthermore, the board may promulgate a code of conduct for its licensees, the violation of which may result in the imposition of the penalties prescribed in this subsection.

History. Acts 1985, No. 217, § 2; A.S.A. 1947, § 71-927; Acts 1989, No. 106, § 5; 1997, No. 839, § 8.

17-29-404. Civil appeals.

Any person aggrieved by the action of the State Board of Embalmers and Funeral Directors imposing civil penalties may appeal such a decision in the manner and under the procedure prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for appeals from administrative decisions.

History. Acts 1985, No. 217, § 3; A.S.A. 1947, § 71-928.

17-29-405. Deposit and distribution of funds.

All funds derived from civil penalties imposed by the State Board of Embalmers and Funeral Directors shall be deposited in one (1) or more depositories qualifying for the deposit of public funds. These funds shall be used by the board for administering the provisions of §§ 17-29-201 et seq. and 17-29-301 et seq.

History. Acts 1985, No. 217, § 4; A.S.A. 1947, § 71-929.

Subchapter 5 — Funeral Home Zoning and Management

17-29-501. Definition.
17-29-502. Status of funeral homes.
17-29-503. Prerequisites to statutory benefits.

17-29-501. Definition.

As used in this subchapter, unless the context otherwise requires, “funeral home” means and embraces all functions pertaining to or connected with the preparation of human bodies for interment together with all the rights, services, and ceremonies usually attendant with such interment.

History. Acts 1957, No. 241, § 2; A.S.A. 1947, § 71-918.

17-29-502. Status of funeral homes.

A funeral home is declared to be:      (1)  A service institution and, when conducted upon and in the manner hereinafter set forth, shall be so rated and considered in connection with:           (A)  Zoning;           (B)  The occupation and enjoyment of property; and           (C)  The engaging in the conduct and management thereof; and      (2)  A skilled profession.

History. Acts 1957, No. 241, § 1; A.S.A. 1947, § 71-917.

17-29-503. Prerequisites to statutory benefits.

Any funeral home desiring to avail itself of the provisions of this subchapter shall conform to the following requirements:      (1)  Be operated and managed by persons who are duly licensed as required by law;      (2)  Be constructed of materials and in an architectural design in conformity with other structures in the immediate vicinity thereof;      (3)  Be set apart from surrounding or adjacent property by a wall, hedge, or other type of protective screening;      (4)  Have and maintain clean and adequate parking facilities for off-street parking for all persons availing themselves of the services of the funeral home or transacting business therewith; and      (5)  Conform to and comply with all sanitary requirements and police regulations of the municipality in which the funeral home is located.

History. Acts 1957, No. 241, § 3; A.S.A. 1947, § 71-919.

Subchapter 6
Out-of-State Tuition Assistance

17-29-601. Purpose.
17-29-602. Definition.
17-29-603. Program establishment — Authority of Department of Health.
17-29-604. Application — Certification — Priorities.
17-29-605. Limitation on assistance.
17-29-606. Program administration.

17-29-601. Purpose.

The purpose of this subchapter is to establish a permanent program to provide financial assistance to qualified Arkansas citizens attending accredited colleges of funeral service education outside of Arkansas.

History. Acts 1975, No. 180, § 4; A.S.A. 1947, § 71-925.

17-29-602. Definition.

As used in this subchapter, unless the context otherwise requires, an “accredited college of funeral service education” means a college accredited by the American Board of Funeral Service Education, Inc.

History. Acts 1975, No. 180, § 2; A.S.A. 1947, § 71-923.

17-29-603. Program establishment — Authority of Department of Health.

(a)  There is established within the Department of Health a program to provide financial assistance to residents of Arkansas attending accredited colleges of funeral service education outside of Arkansas. (b)  The department is authorized and designated as the state agency to administer the program established in this subchapter and to accept applications therefor and make grants to applicants to assist in defraying the cost of attending accredited colleges of funeral service education outside of Arkansas.

History. Acts 1975, No. 180, § 1; A.S.A. 1947, § 71-922.

17-29-604. Application — Certification — Priorities.

(a)  Any resident of the State of Arkansas desiring to obtain an assistance grant under the provisions of this subchapter may make application to the Department of Health containing such information as the department shall deem necessary to determine the eligibility of the applicant to participate in the program. (b)  In order to qualify for an assistance grant, the applicant shall have served a one-year apprenticeship in the State of Arkansas under the supervision of an Arkansas-licensed funeral director and licensed embalmer prior to enrollment in an accredited college of funeral service education. (c)  If the applicant is found to be a bona fide resident of Arkansas and has served the apprenticeship, the department shall certify the student as qualified to participate under the program established in this subchapter to the extent that funds are available. (d)  The names of all qualified applicants shall be kept on a register in the order in which their application was received by the board of trustees. Applicants who have been accepted for admission by accredited colleges of funeral service education outside the state shall be given priority in receiving benefits under the provisions of this subchapter, to the extent that funds are available therefor, in the order in which the applications appear on the register maintained by the department.

History. Acts 1975, No. 180, § 2; A.S.A. 1947, § 71-923.

17-29-605. Limitation on assistance.

In no case shall an assistance grant made to an applicant under this program exceed the normal student tuition charge made by the accredited colleges of funeral service education in which the applicant is or will be enrolled or one thousand two hundred dollars ($1,200) per individual, whichever is less.

History. Acts 1975, No. 180, § 1; A.S.A. 1947, § 71-922.

17-29-606. Program administration.

The Department of Health shall be the administering and disbursing agency for the State of Arkansas for making assistance grants to mortician students under the provisions of this subchapter. As disbursing agent, the department may expend sums that are specifically appropriated for the operation and administration of the program, but such expenditures shall be limited to the amount specifically appropriated for the program and the award of any particular grant shall not obligate the State of Arkansas to maintain the program provided for in this subchapter except to the extent that specific appropriation is made for the program.

History. Acts 1975, No. 180, § 3; A.S.A. 1947, § 71-924.

Subchapter 7
Eye Enucleation

17-29-701. Authority.
17-29-702. Exemption from liability.

17-29-701. Authority.

A funeral director or embalmer licensed pursuant to § 17-29-301 et seq. who has completed a course in eye enucleation and has received a certificate of competence from the Department of Ophthalmology of the University of Arkansas for Medical Sciences' College of Medicine may enucleate the eyes of a deceased person pursuant to a disposition or gift thereof by the decedent or another person in the manner prescribed in the Revised Arkansas Anatomical Gift Act, § 20-17-1201 et seq., after proper certification of death by a physician.

History. Acts 1973, No. 425, § 1; A.S.A. 1947, § 71-920; Acts 2007, No. 839, § 2.

17-29-702. Exemption from liability.

A properly certified funeral director or embalmer acting in accordance with the terms of this subchapter shall not be criminally or civilly liable for eye enucleation.

History. Acts 1973, No. 425, § 2; A.S.A. 1947, § 71-921.

Subchapter 9 — Cemeteries Generally

20-17-901. Registration required. 20-17-902. Burial in registered cemetery required — Records. 20-17-903. Application to locate or extend boundaries. 20-17-904. Perpetual care trust. 20-17-905. Abandonment. 20-17-906. Disposition of abandoned cemetery lots. 20-17-907. County abandoned cemetery registration boards. 20-17-908. Responsibilities of county abandoned cemetery registration boards. 20-17-909. Minimum maintenance for petitioned abandoned cemeteries. 20-17-910. Abandoned cemeteries on private property. 20-17-911. Minimum maintenance providers. 20-17-901. Registration required. All cemeteries now existing in the state shall be registered with the county judge, if under his or her jurisdiction, or with the mayor, as the case may be, and a copy of the registration shall be filed with the Division of Health of the Department of Health and Human Services. This registration shall show the location and boundaries of the cemetery.

History. Acts 1929, No. 204, § 2; Pope's Dig., § 6447; Acts 1985, No. 1014, § 2; A.S.A. 1947, § 82-402.

20-17-902. Burial in registered cemetery required — Records.

(a)  It shall be unlawful to bury a dead body outside of a registered cemetery. (b)  The sexton or person in charge of the cemetery shall keep a correct record on a form prescribed by the Division of Health of the Department of Health and Human Services of each body buried in the cemetery.

History. Acts 1929, No. 204, § 3; Pope's Dig., § 6448; Acts 1985, No. 1014, § 3; A.S.A. 1947, § 82-403.

20-17-903. Application to locate or extend boundaries.

(a)  Whenever it is proposed to locate a cemetery or to extend the boundaries of an existing cemetery, the party so proposing shall make written application to the county judge or to the mayor of an incorporated city or town, according to whether the cemetery or extension of a cemetery is to be located in the jurisdiction of one (1) or the other of these authorities. The written description shall describe accurately the location and boundaries of the proposed cemetery or extension of a cemetery. (b)  Before acting upon the application, the county judge or the mayor, as the case may be, shall refer the application to the Division of Health of the Department of Health and Human Services for investigation from a sanitary standpoint. In making such an investigation the division shall take into consideration the proximity of the proposed cemetery or extension of a cemetery to human habitations, the nature of the soil, the drainage of the ground, the danger of pollution of valuable springs or streams of water, and such other conditions as would bear upon the situation. (c)  Having completed its investigation as promptly as can be done, the division shall submit a report to the judge or the mayor, as the case may be, and either approve or disapprove the application. (d)  Having received the report from the division, the judge or the mayor, as the case may be, as recommended by the division, shall either grant or deny the application. (e)  Should the application be granted, the judge or the mayor, as the case may be, shall issue to the party making the application in such form as may be prescribed by the division a permit to establish or extend the cemetery in question. (f)  The permit shall be recorded in the office of the county judge or the mayor and a copy forwarded to the division.

History. Acts 1929, No. 204, § 1; Pope's Dig., § 6446; Acts 1985, No. 1014, § 1; A.S.A. 1947, § 82-401.

20-17-904. Perpetual care trust.

(a)  By trust instrument or will, any person may establish a trust fund in perpetuity with the income from the trust fund to go to the upkeep of certain specified burial lots or plots in one (1) or more cemeteries or burial grounds in the State of Arkansas. (b)  (1)  No amount placed in trust pursuant to subsection (a) of this section by any one (1) trustor or testator shall be in excess of the sum of two hundred thousand dollars ($200,000).      (2)  The trust fund shall be:           (A)  Invested in state, municipal, or federal obligations;           (B)  Deposited for interest in a savings and loan association whose funds are insured by the Federal Savings and Loan Insurance Corporation; or           (C)  Placed on interest-bearing time deposit in a bank whose funds are guaranteed by the Federal Deposit Insurance Corporation.      (3)  The trust fund shall be so invested or deposited as directed by the circuit court of the county in which are located the burial grounds specified in the trust instrument of the trustor or will of the testator. (c)  The trustee of the fund shall file an annual report in the circuit court of the county in which the burial grounds are located showing the receipts and disbursements from the trust fund. (d)  The provisions of subsections (a)-(c) of this section are in addition to any other laws relating to cemeteries and trust funds. (e)  No rule against perpetuities shall apply to property or funds set aside or trust created for the perpetual care of burial lots in cemeteries.

History. Acts 1939, No. 122, § 1; 1965, No. 445, §§ 1-4; 1985, No. 597, § 1; A.S.A. 1947, §§ 50-108, 82-427 — 82-430; Acts 2003, No. 766, § 1; 2007, No. 240, § 2.

20-17-905. Abandonment.

(a)  The circuit court of the county may order the removal of the dead from an abandoned cemetery which lies outside the limits of any city of the first class of one hundred thousand (100,000) or more in population. (b)  Notice of the filing of a petition for the removal of the dead from an abandoned cemetery under this section shall be in a newspaper having general circulation in the county where the cemetery is located, and hearing on the petition shall be held not earlier than twenty (20) days following this publication. (c)  Upon the hearing, if the court finds that the cemetery is abandoned as defined in subsection (e) of this section, it shall authorize the removal of the dead to another cemetery for which a permanent maintenance fund has been established as provided in § 20-17-1013. (d)  After removal of the dead from a cemetery pursuant to this section, the petitioners shall file with the court a report that the removal has been done, and thereupon the court shall enter an order declaring the cemetery abandoned for cemetery purposes. Upon the entry of the order, the property shall become subject to taxation like other property. (e)  For the purposes of this section, an “abandoned cemetery” is a cemetery:      (1)  For which no permanent maintenance fund as provided in § 20-17-1013 has been established;      (2)  Which is not suitably maintained and preserved as a cemetery;      (3)  In which there have been no interments for a period of fifteen (15) years; and      (4)  Which contains at least six (6) permanent grave markers.

History. Acts 1965, No. 392, §§ 1-3; A.S.A. 1947, §§ 82-431 — 82-433; Acts 1993, No. 403, § 14; 2005, No. 2001, § 1.

20-17-906. Disposition of abandoned cemetery lots.

(a)  As used in this section, “lot” means any lot or portion of a lot in a cemetery owned by a county or municipality which has not been used for the interment of human remains and for which no provision for perpetual care was made at the time the lot was sold or at any time subsequent to the time the lot was sold. (b)  The governing body of any county or municipality or other officials having control over a cemetery may maintain in the circuit court in the county within which the cemetery is located a proceeding for the termination and forfeiture of the rights and interests of an owner of any lot or lots in the cemetery whenever the present owner of the lot is unknown to the governing body of the county or municipality or other officials and a period of at least seventy-five (75) years has passed since any portion of the lot has been used for interment purposes. (c)  (1)  The proceeding shall be commenced by the filing of a verified petition with the clerk of the circuit court.      (2)  The petition shall:           (A)  Identify the lot or lots;           (B)  State that the portion of the lot to be reclaimed has not been used for the interment of human remains and that a core or sound test has been conducted to determine that the portion contains no remains;           (C)  State that the present owner of the lot is unknown to the governing body of the county or municipality or other officials having control over the cemetery;           (D)  State that a period of at least seventy-five (75) years has passed since any portion of the lot was used for interment purposes; and           (E)  Request that the court issue an order declaring the lot abandoned and further declaring all of the rights and interests of the owner terminated and forfeited.      (3)  The petition shall be accompanied by an affidavit by the governing body of the county or municipality or other officials that a diligent search to locate the present owner of the lot has been made but that the owner has not been located. (d)  Upon the filing of the petition and affidavit, the clerk of the circuit court shall fix a time for a hearing on the petition not less than thirty (30) days nor more than ninety (90) days after the date of the filing. (e)  (1)  The governing body of the county or municipality or other officials shall give notice of the hearing:           (A)  By posting copies of the notice in three (3) conspicuous places in the cemetery which is owned or operated by the governing body or other officials;           (B)  By mailing a copy of the notice by registered mail to the last known owner of the lot; and           (C)  By publishing the notice one (1) time each week for three (3) successive weeks in some newspaper of general circulation in the county within which the cemetery is located, the first publication being made not less than thirty (30) days before the date of hearing.      (2)  The notice shall identify the lot and shall state:           (A)  The name and address of the last known owner of the lot;           (B)  That a hearing will be held to determine whether or not the present owner of the lot shall have his or her right and interest terminated and forfeited by a declaration of abandonment of the lot; and           (C)  The time and place of the hearing. (f)  If upon the hearing the court determines from the evidence presented that the present owner of the lot is unknown, that the governing body or other officials have made a diligent search to locate the present owner, that a period of seventy-five (75) years or more has passed since any portion of the lot has been used for human interment, and that a core or sound test has been conducted to determine that the lot contains no remains, then a decree shall be entered adjudicating the lot, lots, or parts thereof, to have been abandoned and, further, ordering the subsequent termination and forfeiture of all rights and interests of the owner. (g)  The court shall dismiss the proceeding if it determines any of the following from the evidence which is presented:      (1)  That any of the material facts stated in the petition are not true;      (2)  That the identity of the present owner of the lot is known; or      (3)  That the governing body or other official has not made a diligent search to locate the present owner. (h)  (1)  Upon order of the court declaring the lot to be abandoned, the full title to the lot shall revert to the cemetery.      (2)  The order of the court shall not become final until one (1) year after the date on which it is entered. During that time, any person may petition the court to reopen the proceeding, and the court, after notice to the governing body or other officials, may reopen the proceeding and may hear and consider any additional evidence regarding the ownership of the lot and may modify or amend the order which it made or, if the court makes any of the determinations under subsection (g) of this section, it shall dismiss the proceeding. (i)  (1)  Within thirty (30) days after the date on which the court order is entered, the governing body or other officials shall publish notice of the order:           (A)  One (1) time in a newspaper of general circulation in the county in which the cemetery is located; and           (B)  By mailing a copy of the order by registered mail to the last known owner of the lot or to the last known owner of the right of interment in the lot.      (2)  The notice which is mailed and published shall identify the lot which is covered by the order and shall state:           (A)  The name and address of the last known owner of the lot;           (B)  That the court has ordered that the lot is to be declared abandoned and that the court has further ordered that the rights and interests of the owner are to be subsequently terminated and forfeited; and           (C)  The date upon which the order of the court will become final. (j)  The lot shall be deemed abandoned, and the rights and interests of the present owner shall be terminated and forfeited as of the date upon which the order of the court becomes final. Thereafter, the cemetery shall be the owner of the lot and may resell or otherwise recover it. (k)  The proceeds derived from any sale of a lot, the ownership of which is obtained as provided in this section, shall be used as follows:      (1)  First, to reimburse the petitioner for the costs of suit and necessary expenses including attorneys' fees incurred by the petitioner in the proceeding;      (2)  Then, of the remainder of the proceeds:           (A)  Not less than seventy-five percent (75%) shall be held in trust and shall be used only for expenses of administration, maintenance, restoration, preservation, and other improvements of the cemetery; and           (B)  Any amounts remaining thereafter shall be used for immediate improvements and maintenance of the cemetery. (l)  In no event shall any existing monument, retaining wall, fence, bench, or other ornamentation be altered or removed by the petitioner or his or her agent or employee or by any subsequent owner of a lot reclaimed and sold as provided in this section.

History. Acts 1995, No. 464, § 1.

20-17-907. County abandoned cemetery registration boards.

(a)  The county judge shall appoint three (3) members to an abandoned cemetery registration board if:      (1)  At least ten (10) qualified voters within the county petition the county judge to provide minimum maintenance for a specific abandoned cemetery; and      (2)  In the case of private property, the property owner agrees in writing that the abandoned cemetery may be accessed for minimum maintenance. (b)  Each member shall be a real property owner in the county. (c)  (1)  The initial board members shall be appointed to serve for terms of one (1), two (2), and three (3) years.      (2)  The length of the term of each member shall be determined by the county judge when making the appointment. (d)  As the terms of the board members expire, the judge shall appoint successor board members to hold office for a term of three (3) years. (e)  The county judge may reappoint a board member whose term is expiring. (f)  If a vacancy occurs before a board member's term expires, the county judge shall appoint a new member to complete the term. (g)  Members of the board shall serve without pay or other compensation for their services. (h)  (1)  The board shall select one (1) of the board members as chair.      (2)  The chair shall serve at the pleasure of the board.

History. Acts 2005, No. 2001, § 2.

20-17-908. Responsibilities of county abandoned cemetery registration boards.

(a)  A county abandoned cemetery registration board shall have the authority to register abandoned cemeteries within the county as defined in § 20-17-905, but only after a petition has been filed pursuant to § 20-17-907. (b)  At any time, the board may conduct an examination of a petitioned abandoned cemetery within the county. (c)  (1)  If funds and voluntary manpower are available, the board shall provide for the cleaning of petitioned abandoned cemeteries within the county that meet minimum requirements for maintenance at least one (1) time in the spring and one (1) time in the fall.      (2)  Cleaning is intended to remove weeds, debris, and foreign material that degrade the burial site. (d)  The board may post a small sign to inform the public that the abandoned cemetery is under the care of the board.

History. Acts 2005, No. 2001, § 2.

20-17-909. Minimum maintenance for petitioned abandoned cemeteries.

Petitioned abandoned cemeteries that are no more than one (1) acre in size are eligible for minimum maintenance.

History. Acts 2005, No. 2001, § 2.

20-17-910. Abandoned cemeteries on private property.

(a)  If a petitioned abandoned cemetery is on private property with no access by the public, the property owner may grant permission to the county abandoned cemetery registration board to enter for maintenance by providing a written statement. (b)  The statement shall be notarized and shall provide a conditional easement to the board for ingress and egress for the purpose of maintenance. (c)  The easement shall be recorded at the county courthouse within sixty (60) days after signing.

History. Acts 2005, No. 2001, § 2.

20-17-911. Minimum maintenance providers.

Minimum maintenance for petitioned abandoned cemeteries may be secured from any source the county abandoned cemetery registration board can obtain, including work-release prisoners.

History. Acts 2005, No. 2001, § 2.

Subchapter 10
Cemetery Act for Perpetually Maintained Cemeteries

20-17-1001. Title.
20-17-1002. Definitions.
20-17-1003. Application of subchapter — Exceptions.
20-17-1004. Arkansas Cemetery Board — Creation — Members.
20-17-1005. Arkansas Cemetery Board — Proceedings.
20-17-1006. Arkansas Cemetery Board — Powers and duties.
20-17-1007. Examination of cemetery.
20-17-1008. Permit — Application.
20-17-1009. Permit — Investigation by Division of Health of the Department of Health and Human Services.
20-17-1010. Permit — Investigation and issuance by the Arkansas Cemetery Board.
20-17-1011. Permit — Amendment.
20-17-1012. Permit — Transfer of ownership.
20-17-1013. Permanent maintenance fund generally.
20-17-1014. Permanent maintenance fund — Trustees.
20-17-1015. Permanent maintenance fund — Annual report.
20-17-1016. Permanent maintenance fund — Required deposits.
20-17-1017. Permanent maintenance fund — Voluntary contributions.
20-17-1018. Permanent maintenance fund — Penalties.
20-17-1019. Conveyance of lots.
20-17-1020. Unlawful act.
20-17-1021. Disposition of contributions and fees.
20-17-1022. Records required.
20-17-1023. Annual report of condition of cemetery company.
20-17-1024. Preexisting cemeteries.
20-17-1025. Protection of cemeteries — Power to lend.
20-17-1026. Annual permit fee.
20-17-1027. Duties of State Securities Department.
20-17-1028. Contracts with municipality or county where a cemetery is located.
20-17-1029. Cemetery advisory boards — Membership — Organization — Authority.

20-17-1001. Title.

This subchapter may be cited as the “Cemetery Act for Perpetually Maintained Cemeteries”.

History. Acts 1977, No. 352, § 1; A.S.A. 1947, § 82-426.1.

20-17-1002. Definitions.

As used in this subchapter:      (1)  “Board” means the Arkansas Cemetery Board;      (2)  “Care and maintenance” means the continual maintenance of the cemetery grounds and graves in keeping with a properly maintained cemetery;      (3)  “Cemetery” means any land or structure in this state dedicated to and used or intended to be used for interment of human remains. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, or a combination of one (1) or more thereof;      (4)  “Cemetery company” means an individual, partnership, corporation, or association, now or hereafter organized, owning or controlling cemetery lands or property and conducting the business of a cemetery or making an application with the board to own or control the lands or conduct the business;      (5)  “Columbarium” means a structure or room or space in a building or structure used or intended to be used for the interment of cremated human remains;      (6)  “Crypt” means a chamber of sufficient size to inter the remains of a deceased person;      (7)  “Interment” means any lawful disposition of the remains of a deceased person as provided by law;      (8)  “Lot or grave space” means a space of ground in a cemetery used or intended to be used for interment therein;      (9)  “Mausoleum” means a community-type structure or room or space in a building or structure used or intended to be used for the interment of human remains in crypts or niches;      (10)  “Niche” means a space in a columbarium which is used or intended to be used for the interment of the cremated remains of one (1) or more deceased persons;      (11)  “Permit holder” means any cemetery company that holds a permit issued by the board to own or operate a perpetual care cemetery;      (12)  “Perpetual care cemetery” means a cemetery for the benefit of which a perpetual care fund has been established in accordance with this subchapter; and      (13)  [Repealed.]

History. Acts 1977, No. 352, § 2; A.S.A. 1947, § 82-426.2; Acts 1997, No. 295, § 1; 2001, No. 1242, § 1; 2007, No. 827, § 163.

20-17-1003. Application of subchapter — Exceptions.

(a)  This subchapter applies to all cemeteries and burial grounds located in the State of Arkansas unless the cemetery is owned and operated by:      (1)  A church or similar religious organization;      (2)  A municipality or county government;      (3)  A family, exclusively for its own family use; or      (4)  A community nonprofit association in which no person is entitled to receive pecuniary profit other than the bookkeeper and maintenance crew. (b)  Persons who do not and have never received more than two thousand dollars ($2,000) gross proceeds in any one (1) year from the sale of parcels of realty to be used as human burial sites are exempt from this subchapter. (c)  All cemeteries that advertise or operate all or a part thereof as perpetual care or permanent maintenance cemeteries shall be subject to this subchapter regardless of the organization of the person or group owning and operating the cemetery or burial grounds.

History. Acts 1977, No. 352, § 3; 1981, No. 819, § 1; A.S.A. 1947, §§ 82-426.3, 82-426.3a.

20-17-1004. Arkansas Cemetery Board — Creation — Members.

(a)  The Arkansas Cemetery Board is to consist of seven (7) members selected as follows:      (1)  The Securities Commissioner or his or her designated deputy shall be a voting member of the board;      (2)  Six (6) members shall be appointed by the Governor for terms of four (4) years, as follows:           (A)  Four (4) of the six (6) members appointed by the Governor shall be owners or operators of licensed cemeteries in this state, and these members shall be appointed from lists of five (5) names for each appointment to be made which are submitted to the Governor by the Arkansas Cemetery Association;           (B)  One (1) member shall be appointed by the Governor and shall be a citizen of the State of Arkansas, of good character, and a qualified elector, but this person shall not have any interest in a cemetery or funeral home either within or without the State of Arkansas; and           (C)  One (1) member shall be sixty (60) years of age or older, appointed from the state at large, subject to the confirmation of the Senate, and shall represent the elderly. This member shall not be actively engaged in or retired from any profession or occupation which is regulated by the board. (b)  (1)  The Governor shall appoint one (1) alternate member for the same term and having the same qualifications as a regular member. This member shall substitute for any regular member when a conflict of interest disqualifies a regular member.      (2)  Whenever a matter comes before the board involving a cemetery in which any member has a financial interest, then the member shall be disqualified from participating in the discussion or vote on the matter, and the alternate member shall substitute for the disqualified member in that instance only. (c)  Vacancies on the board due to death, resignation, or other cause of any appointed member shall be filled by appointment of the Governor for the unexpired portion of the term in the same manner as was required for the initial appointment. (d)  Members shall serve without pay or other compensation for their services except that members may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

History. Acts 1977, No. 352, § 4; 1981, No. 512, § 1; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 — 6-626, 82-426.4; Acts 1997, No. 250, § 190; 1997, No. 295, § 2.

20-17-1005. Arkansas Cemetery Board — Proceedings.

(a)  Any action taken by the Arkansas Cemetery Board shall be by the majority vote of the board members who are present at the meeting when the action is taken. (b)  The cemeterian member of the board with the greatest seniority on the board shall be chair of the board, but if the person declines the chairship, then the cemeterian with the next highest seniority on the board shall be chair. (c)  Four (4) members of the board shall constitute a quorum. (d)  The board shall meet subject to call of the chair or upon written demand of any two (2) members. (e)  Any order by the board under this subchapter shall be subject to review by the Pulaski County Circuit Court or by the circuit court of the county in which any part of the cemetery lies, provided that an application for review of the order is made within thirty (30) days of the date of the order.

History. Acts 1977, No. 352, § 4; 1981, No. 512, § 1; A.S.A. 1947, § 82-426.4.

20-17-1006. Arkansas Cemetery Board — Powers and duties.

The Arkansas Cemetery Board shall have the authority to:      (1)  Conduct at any time and from time to time such reasonable periodic, special, or other examination of any cemetery or cemetery company, including, but not limited to, an examination of the physical condition or appearance of the cemetery, the financial condition of the company and any trust funds maintained by the company, and such other examinations as the board or Securities Commissioner deems necessary or appropriate in the public interest. The examinations shall be made by members or representatives of the board or by a certified public accountant or registered public accountant as authorized in § 20-17-1007;      (2)  Issue or amend permits to operate a cemetery in accordance with this subchapter;      (3)  Suspend or revoke permits to operate a cemetery when any cemetery fails to comply with this subchapter, rules promulgated pursuant to this subchapter, or any order of the board;      (4)  Make rules, regulations, and forms to enforce this subchapter;      (5)  Require every cemetery company to observe minimum accounting principles and practices and make and keep such books and records in accordance therewith for such period of time as the board may by rule prescribe;      (6)  (A)  Subpoena witnesses, books, and records in connection with alleged violations of this subchapter or rules or orders of the board. With the approval of the chair of the board or two (2) board members, the Securities Commissioner may issue subpoenas.           (B)  In case of contumacy or refusal to obey a subpoena issued to any person, the Pulaski County Circuit Court, upon application by the board, may issue to the person an order requiring him or her to appear before the board or the person designated by the board. Failure to obey the order of the court may be punished by the court as a contempt of court;      (7)  Require additional contributions to the permanent maintenance fund of the cemetery where provided for in this subchapter, including, but not limited to, contributions not to exceed three thousand dollars ($3,000) whenever any cemetery company fails to properly care for and maintain or preserve the cemetery;      (8)  (A)  Apply to the Pulaski County Circuit Court to enjoin any act or practice and to enforce compliance with this subchapter or any rule, regulation, or order pursuant to this subchapter whenever it appears to the board, upon sufficient grounds or evidence satisfactory to the board, that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this subchapter or any rule or regulation pursuant to this subchapter.           (B)  The court may not require the board to post a bond;      (9)  Apply to the circuit court of the county in which the cemetery is located for appointment of a receiver or conservator of the cemetery corporation or its permanent maintenance fund when it appears to the board that a cemetery corporation is insolvent or that the cemetery corporation, its officers, directors, agents, or the trustees of its permanent maintenance fund have violated this subchapter and the rules promulgated under this subchapter or have failed to comply with any board order;      (10)  Increase, in accordance with regulations adopted by the board, the percentage of the gross proceeds of the sale of any grave space, crypt, niche, or similar entombment required to be deposited into the permanent maintenance fund of the cemetery in accordance with § 20-17-1016 whenever it is determined that the principal of the permanent maintenance fund is or will be insufficient to generate enough income to operate and maintain the cemetery; and      (11)  (A)  Purchase insolvent, licensed perpetual care cemeteries that have been in court-ordered receivership or conservatorship for at least five (5) years.           (B)  If the taking of legal possession of the cemetery requires the payment of consideration, any payment made by the board shall not exceed one thousand dollars ($1,000).

History. Acts 1977, No. 352, § 5; 1981, No. 512, § 2; A.S.A. 1947, § 82-426.5; Acts 1997, No. 295, § 3; 2001, No. 1242, § 2; 2007, No. 430, §§ 2.

20-17-1007. Examination of cemetery.

(a)  (1)  (A)  Each cemetery company examined in accordance with § 20-17-1006 shall pay to the Arkansas Cemetery Board a fee for each examination as the board shall prescribe by rule.           (B)  In addition, the cemetery company shall pay to the board the amount of expenses and stipends paid by the board to any board member examining the physical condition or appearance of a cemetery when the examination is ordered by the board on its own motion or on request of an interested individual.      (2)  However, all examinations shall be conducted by a single examiner or board member, and the examinations shall be conducted only pursuant to an order of the board. (b)  (1)  In lieu of any financial examination which the board shall be authorized to make, the board may accept the audit of an independent certified public accountant, provided that the Securities Commissioner has notified the cemetery company that the audit would be accepted and that the cemetery company has notified the commissioner in writing that an audit would be prepared.      (2)  The costs of the audit shall be borne by the cemetery company, and the scope of the audit shall be at least equal to the scope of the examination required by the board.

History. Acts 1977, No. 352, § 20; 1981, No. 512, § 5; A.S.A. 1947, § 82-426.20; Acts 1997, No. 250, § 191.

20-17-1008. Permit — Application.

(a)  (1)  Prior to making application to the Arkansas Cemetery Board for a permit to establish and operate a new cemetery or for the extension of the boundaries of an existing cemetery, the person proposing to make application shall cause to be published 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 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 addition.      (3)  The application shall be accompanied by:           (A)  The recommendation of the mayor or governing official of the municipality if the cemetery 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. The recommendation shall state the need and desirability of the proposed cemetery or extension. This recommendation shall 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)  A survey and map of the cemetery or extension;           (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 set forth 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 which 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;           (K)  A current balance sheet of the applicant prepared by an independent certified public accountant in accordance with generally accepted accounting principles which reflects that the applicant has a minimum of twenty thousand dollars ($20,000) net worth; and           (L)  Any other evidence which would tend to show a public need for the proposed cemetery or extension may be included, such as a petition from landowners in the county who believe that a need exists for any additional cemetery or extension.      (4)  The burden of establishing public need shall be upon the applicant. (c)  All applications shall be made under oath and filed with the Securities Commissioner not less than twenty (20) days prior to the board meeting at which the application is to be considered. (d)  The board shall have authority to require any cemetery company to submit additional information as it may by rule or order prescribe.

History. 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.

20-17-1009. Permit — Investigation by Division of Health of the Department of Health and Human Services.

(a)  Upon receipt of an application for the issuance of a permit for a new cemetery or for an extension of the boundaries of an existing cemetery, the Arkansas Cemetery Board shall cause the Division of Health of the Department of Health and Human Services to make an investigation of the proposed cemetery location or extension, with respect to a sanitary viewpoint. (b)  In making the investigation, the division shall take into consideration the proximity of the proposed cemetery, or extension, to human habitation, the nature of the soil, the drainage of the ground, the danger of pollution of springs or streams of water, and such other conditions as would bear upon the situation. (c)  Having completed this investigation, the division shall promptly submit in writing its approval or disapproval from a sanitary standpoint to the board. If the division disapproves the proposed cemetery location or extension, further action on the application shall be suspended until the applicant acquires a location which meets with the approval of the division or until other action, as necessary, is taken. (d)  The cemetery shall pay the division any fee required by law.

History. Acts 1977, No. 352, § 9; A.S.A. 1947, § 82-426.9.

20-17-1010. Permit — Investigation and issuance by the Arkansas Cemetery Board.

(a)  If the cemetery company has fully complied with this subchapter and if the Division of Health of the Department of Health and Human Services approves the location of the new cemetery or the extension of the boundaries of an existing cemetery, then the application shall be submitted to the Arkansas Cemetery Board for investigation and for approval or disapproval. (b)  Immediately upon the submission of each application, the board shall make such investigation as shall enable it to determine the fitness of the cemetery company, the need for the cemetery, and all other questions bearing directly or indirectly upon the need or desirability from the public standpoint of the proposed cemetery or extension. (c)  (1)  If the application for a new cemetery is approved, the board shall issue a permit to the applicant only after the applicant has filed proof with the board that an initial principal deposit of at least five thousand dollars ($5,000) has been made to the permanent maintenance fund. This initial five thousand dollars ($5,000) can be used to meet the liability due the permanent maintenance fund for the first paid-in-full burial space sales sold by the permit holder.      (2)  The permit shall be filed in the court of the county in which the cemetery is located and with the division.

History. Acts 1977, No. 352, § 10; A.S.A. 1947, § 82-426.10; Acts 1997, No. 295, § 5.

20-17-1011. Permit — Amendment.

(a)  Whenever it is proposed that any cemetery subject to this subchapter amend its present permit, whether for construction of a mausoleum, reduction or increase in percentage of gross sales proceeds to be placed in the permanent maintenance fund, or other amendment, then the cemetery company shall file an application for amendment of the permit. (b)  The application shall be accompanied by:      (1)  A fee of four hundred dollars ($400);      (2)  A statement of each proposed amendment;      (3)  Statements, documents, and other information necessary to provide justification for the amendment;      (4)  If the amendment is for construction of a mausoleum or similar structure, the application shall also include:           (A)  Plans and specifications of the structure;           (B)  A report of inspection of the plans by the Division of Health of the Department of Health and Human Services;           (C)  A copy of the sales contracts and conveyance documents proposed to be used;           (D)  A proposed contribution to the permanent maintenance fund;           (E)  A statement of whether the amount of the sales force will be utilized and of how preconstruction sales and interments will be handled;           (F)  The location of the proposed structure;           (G)  The estimated completion date;           (H)  Either of the following, when sales proceeds may be received by the cemetery company prior to completion of construction and payment in full of the structure:                 (i)  An executed escrow agreement approved by the Arkansas Cemetery Board with a federally insured financial institution or other financial institution approved by the board which provides among other things that one hundred percent (100%) of the sales proceeds collected prior to the completion and payment in full of the structure will be placed into escrow; or                 (ii)  (a)  An executed copy of the construction agreement for the structure which sets forth the total construction cost and the date the construction will be completed with either an executed irrevocable letter of credit from a federally insured financial institution or other financial institution approved by the board equal to one hundred twenty-five percent (125%) of the total cost of the structure, a cash bond posted with a federally insured financial institution or other financial institution approved by the board equal to one hundred thirty percent (130%) of the total cost of the structure, or a construction performance bond payable to the board in the amount equal to the total cost of the structure as set forth in the construction agreement.                      (b)  All letters of credit and bonds, and their issuers, shall be approved by the board. The letter of credit shall state that the funds provided shall be paid to the board for the purpose of completing the construction of the structure or paying in full the completed structure if not done prior to the completion date set forth in the construction agreement. The construction performance bond shall state that the insurer shall advance the funds necessary to complete the construction of the structure or pay for the completed structure, if not done prior to the date set forth in the construction agreement. The cash bond shall provide that the financial institution shall pay the cash proceeds of the bond upon order of the board. The letters of credit or construction bonds shall state that if the structure is not completed and paid for in full within the maximum time provided for construction under this section, such letters of credit and bonds shall be used to complete and pay for the structure; and           (I)  Certification of an estimated start date for construction to take place no later than thirty-six (36) months after the date of the permit and further certifying completion within five (5) years after the date of the permit unless extended for good cause by the board; and           (J)  Other information necessary to show that construction will be done in a good and workmanlike manner and be fireproof; and      (5)  Other information as the board may by rule or order require. (c)  Eight (8) complete copies of the application for the amendment of the permit shall be filed with the Securities Commissioner at least twenty (20) calendar days prior to the meeting at which the board will consider the application.

History. Acts 1977, No. 352, § 12; A.S.A. 1947, § 82-426.12; Acts 1997, No. 295, § 6; 2005, No. 2169, § 2.

20-17-1012. Permit — Transfer of ownership.

(a)  (1)  Whenever any change is proposed in the controlling interest or ownership of any perpetual care cemetery or any cemetery company or any organization that, directly or indirectly, owns a controlling interest in the cemetery company, the cemetery company that holds the current permit and the individual or organization proposing to obtain ownership or gain control shall file an application for the issuance of a new permit with the Arkansas Cemetery Board.      (2)  The application shall be accompanied by:           (A)  A fee of one thousand five hundred dollars ($1,500);           (B)  A statement of changes, if any, in the survey and map of the cemetery;           (C)  A set of rules and regulations for the use, care, management, and protection of the cemetery;           (D)  The proposed method of continuing the permanent maintenance fund presently in existence;           (E)  A statement of the proposed transfer;           (F)  A copy of a current title opinion by an Arkansas-licensed attorney or title insurance policy that reflects that the current permit holder has good and merchantable title to the land covered by the permit;           (G)  A notarized statement from the seller and purchaser disclosing any current or future lien or mortgage on the land covered by the permit;           (H)  A notarized statement from any current or future lienholder or mortgage holder on the land covered by the permit that all paid- in-full burial spaces will be released from the lien or mortgage at least semiannually;           (I)  (i)  A current detailed accounting of all paid-in-full merchandise contracts or accounts of the permit holder and seller for which the merchandise has not been delivered to the purchaser or placed in inventory for the benefit of the purchaser.                 (ii)  This accounting shall be on an individual contract or account basis and contain the name of the purchaser, the contract or account number, the date of the contract, the gross amount of the contract, a description of the merchandise purchased, the date the contract or account was paid in full, and the specific location where the merchandise is stored;           (J)  A current notarized statement from the permit holder and seller that the application contains a complete and accurate accounting of all his or her outstanding accounts receivable, discounted notes, and paid-in-full merchandise accounts or contracts for which the merchandise has not been delivered to the purchaser or placed in inventory for the benefit of the purchaser;           (K)  A current notarized statement from the purchaser or organization gaining control that it will assume the responsibility and liability for all the accounts, notes, and contracts of the seller that are contained in the accountings and schedules that are filed as a part of the application;           (L)  The financial statements of the applicant and purchaser required by the rules which reflect that the applicant and purchaser has a minimum net worth of twenty thousand dollars ($20,000); and           (M)  Any additional information required by the board or the Securities Commissioner. (b)  Each vendor or the transferor of the cemetery company or interest therein shall remain liable for any funds and transactions up to the date of the sale or transfer. (c)  (1)  Prior to the sale or transfer, the vendor or the transferor shall notify the board of the proposed sale or transfer and shall submit to the board, under oath, any document or record the board may require in order to demonstrate that the vendor or transferor is not indebted to the permanent maintenance fund.      (2)  After the transfer of ownership or control, the vendor or transferor shall present to the board proof of currency in the permanent maintenance fund.      (3)  The board may additionally require the presentation of proof of the continued current status of the permanent maintenance fund by the vendee or transferee for such reasonable period of time as the board may determine to be necessary in the public interest.      (4)  The board is further authorized to recover from that vendor or transferor or vendee or transferee, for the benefit of the permanent maintenance fund, all sums that the vendor or transferor or vendee or transferee has not properly accounted for and paid into the trust fund, together with reasonable expenses incurred by the board by bringing this action. (d)  The cemetery company that has been issued a permit to operate a cemetery under this subchapter shall remain liable for the maintenance and care of the cemetery and all amounts due the permanent maintenance fund until a new permit is issued to the vendee or transferee. (e)  No new permit shall be issued to the vendee or transferee of any cemetery until that vendee or transferee complies with this subchapter and the board orders a new permit to be issued to the vendee or transferee. (f)  Any vendor or transferor or vendee or transferee who violates this section shall be guilty of a violation and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the violation.

History. Acts 1977, No. 352, §§ 11, 21; A.S.A. 1947, §§ 82-426.11, 82-426.21; Acts 1997, No. 295, § 7; 2001, No. 1242, § 3; 2001, No. 1553, § 32; 2005, No. 1994, § 113; 2005, No. 2169, § 3.

20-17-1013. Permanent maintenance fund generally.

(a)  (1)  The permanent maintenance fund is declared to be a trust fund for the purpose of administration, care, and maintenance of the cemetery, including lots, graves, spaces, crypts, niches, burial rights, or otherwise.      (2)  The net income from the fund shall be paid to and be exclusively used and expended by the owners, managers, or officers and directors of the cemetery company for the care and maintenance of the cemetery and for no other purpose.      (3)  The principal of the fund shall be invested and remain invested in such securities and funds as are permitted by the laws of Arkansas for the investment of policy reserves of life insurance companies as set forth in § 23-60-101 et seq. and in the common trust funds of state or national banks.      (4)  However, any permanent maintenance fund having assets of more than two hundred fifty thousand dollars ($250,000) may invest not more than fifty percent (50%) of its assets in nonassessable common stocks which are listed on a national securities exchange, preferred stocks meeting the requirements of § 23-63-815, and investment trust securities meeting the requirements of § 23-63-820, and the diversification restrictions of § 23-63-805 shall not apply to investments in investment trust securities.      (5)  In investing these funds, the trustee shall exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income and capital appreciation as well as the probable safety of their capital. (b)  The permanent maintenance fund is authorized by this subchapter, and all sums paid into it or contributed to it shall be deemed to be for charitable and eleemosynary purposes. (c)  No rule against perpetuities shall be applicable to funds as mentioned in this section. (d)  (1)  The trust fund shall be established by executing a written trust agreement approved by the Arkansas Cemetery Board.      (2)  The agreement may provide that the cemetery company may change the trustee of its trust fund so long as the successor trustee is in accordance with § 20-17-1014 and the present trustee and successor trustee are parties to the amendment of the agreement. (e)  At a minimum, the trustee shall maintain the following:      (1)  A general ledger and general journal or comparable books of entry showing all receipts, disbursements, assets, liabilities, and income of the trust fund;      (2)  Documents supporting and verifying each asset of the trust fund; and      (3)  A trust agreement. (f)  In establishing a permanent maintenance fund, the cemetery company may from time to time adopt plans for the general care and maintenance of its cemetery.

History. Acts 1977, No. 352, §§ 13, 14; A.S.A. 1947, §§ 82-426.13, 82-426.14; Acts 2007, No. 240, § 3.

20-17-1014. Permanent maintenance fund — Trustees.

Each cemetery company subject to this subchapter shall establish or transfer the permanent maintenance fund, the income from which can only be used for general maintenance, administration, and preservation of the cemetery, to:      (1)  A state or national bank with trust powers; or      (2)  Three (3) trustees, only one (1) of whom may have any direct or indirect financial or pecuniary interest in the cemetery, provided all trustees who make disbursements from the trust fund shall furnish a fidelity bond with corporate surety thereon, payable to the trust fund, in a penal sum not less than one hundred percent (100%) of the value of the trust fund principal at the beginning of each calendar year. This bond shall be deposited with the Arkansas Cemetery Board; or      (3)  An individual trustee, who in behalf of the cemetery company, shall deposit designated permanent maintenance funds directly into a savings account or certificate of deposit in a state or national bank or savings and loan association in this state not less than forty-five (45) days after collection, provided:           (A)  All funds so deposited are federally insured;           (B)  The funds are restricted so that the principal amount of the funds cannot be withdrawn without the written approval of, and on a form approved by, the Securities Commissioner; and           (C)  Not less than one (1) time a year, interest from the funds may be withdrawn by the individual trustee in behalf of the cemetery company for purposes permitted by this subchapter.

History. Acts 1977, No. 352, § 13; A.S.A. 1947, § 82-426.13.

20-17-1015. Permanent maintenance fund — Annual report.

(a)  Within sixty (60) days after the end of each calendar year, the Arkansas Cemetery Board shall require the trustee of the permanent maintenance fund to file, under oath, a detailed annual report of the condition of the fund, setting forth the description of the assets of the fund, a description of any property upon which any security constitutes a lien, the cost of acquisition of the asset, the market value of any asset at the time of its acquisition with the current market value of the asset and its status with reference to default, and stating that they are not in any way encumbered by debt, that none of the assets of the fund constitute loans to the cemetery company for which the trust fund is established or to any officer or director thereof, and any other information the trustee or the board deems pertinent. (b)  The report shall show the amounts of principal and undistributed income of the fund at the beginning of the period, the amounts deposited by the cemetery company into the fund during the period, the income earned and disbursements made during the period, the details of any investment or reinvestment during the period, and the balances of principal and income at the end of the period being reported on. (c)  (1)  If the trustee of the fund fails to meet the requirements of this section, then it shall be the duty of the board to apply to the Pulaski County Circuit Court for an order to require the trustee of the fund to file a proper report and to make any additional contributions due to the failure to timely file the annual report.      (2)  If funds have been misappropriated by the trustee or are not being handled as required by law, then the board shall apply to the circuit court in the county in which the cemetery is located to have a receiver or conservator appointed by the court to take custody of the trust funds for the benefit of the cestui que trust. The receiver or conservator is vested with full power to file such suits against the defaulting trustee as may be necessary to require a full accounting and restoration of the trust funds and to turn the residue over to another trustee as the cemetery shall select, in conformity with this subchapter, as the new trustee of the permanent maintenance fund.      (3)  Failure by the trustee to make a timely filing of the annual report required by subsection (a) of this section shall be grounds for the trustee to pay an additional contribution to the permanent maintenance fund of fifty dollars ($50.00) per day until the report is filed with the board.

History. Acts 1977, No. 352, § 16; 1981, No. 512, § 4; A.S.A. 1947, § 82-426.16; Acts 1997, No. 295, § 8.

20-17-1016. Permanent maintenance fund — Required deposits.

(a)  Each cemetery company shall deposit not less than ten percent (10%) of the gross proceeds of each sale into the permanent maintenance fund, provided cemetery companies selling crypts, niches, or similar entombments shall be required to deposit into a permanent maintenance fund an amount not less than the Arkansas Cemetery Board shall by order require if the cemetery company can demonstrate to the board that such lesser amount will be sufficient for perpetual maintenance and upkeep. (b)  (1)  The deposit shall be made by the cemetery company not later than forty-five (45) days after the final payment has been made.      (2)  However, any cemetery company making sales on installment sales contracts shall deposit the required percentage in accordance with the following:           (A)  If the cemetery company receives installment payments directly and if adequate records are maintained as to the full amount of sale, the receipts received, and the balance due, then the cemetery company shall deposit the required percentage of gross proceeds of sale into the permanent maintenance fund not later than the forty-fifth day after the final payment is made, or the cemetery company may deposit the required percentage of each amount received not later than the forty-fifth day after each installment payment by the purchaser; and           (B)  (i)  If the cemetery company elects to discount the installment sales contracts at a bank or other financial institution and receive a discounted value immediately in cash, the required percentage of the gross sales price shall be placed in a separate restricted escrow account at the time that the contract is discounted.                 (ii)  The amount so placed in escrow shall not be withdrawn until the lot purchaser defaults on or fully satisfies his or her contract obligations.                 (iii)  This restricted escrow account may be used by the bank or other financial institution as a part of its required reserve and may be used as recourse if the lot purchaser defaults on the contract.                 (iv)  Upon default, the required percentage of the gross sales price which was placed in this escrow account may be withdrawn and used by the cemetery company.                 (v)  Once final payment has been made, the required percentage of the gross sales price which was placed in an escrow account shall be withdrawn and placed immediately into the permanent maintenance fund.                 (vi)  If the cemetery corporation enters into an agreement with the bank or other financial institution, which in the Securities Commissioner's determination adequately provides for the safeguards set forth in subdivision (b)(2)(A) of this section, then that subdivision shall not be applicable to the cemetery corporation.      (3)  If a cemetery company gives away a grave space or sells a grave space for a price less than the current market price, the gross sales proceeds received for a similar grave space in the immediately adjacent or similar location in the cemetery in a recent arms-length transaction shall be used as the basis to make the required permanent maintenance fund contribution for the gift or reduced price sale. (c)  (1)  If the cemetery company fails to make the required deposits in accordance with this section or if the moneys placed in escrow are not deposited as required by this subchapter, then the cemetery company shall be liable for and the board may collect as an additional contribution to the permanent maintenance fund ten dollars ($10.00) per day but in no instance in amounts to exceed five thousand dollars ($5,000) or the actual cost of the contract property or cemetery lots, whichever is greater, for the period of the failure.      (2)  Upon the refusal of the cemetery company to pay the board the penalty, the board may institute suit to recover the contribution and costs and such other relief as the state in its judgment deems proper and necessary.

History. Acts 1977, No. 352, § 13; 1981, No. 512, § 3; A.S.A. 1947, § 82-426.13; Acts 1997, No. 295, § 9.

20-17-1017. Permanent maintenance fund — Voluntary contributions.

The permanent maintenance fund may also receive, take, and hold therefor and as part thereof or as incident thereto any real, personal, or mixed property bequeathed, devised, granted, given, or otherwise contributed to it.

History. Acts 1977, No. 352, § 15; A.S.A. 1947, § 82-426.15.

20-17-1018. Permanent maintenance fund — Penalties.

(a)  In addition to the civil provisions of this subchapter, it shall be unlawful for any person to:      (1)  Advertise or operate all or part of a cemetery as a perpetual care or permanent maintenance cemetery without holding a valid permit issued by the Arkansas Cemetery Board; or      (2)  Fail to place the required contributions into the permanent maintenance fund or to remove any principal of the permanent maintenance fund from trust. (b)  Any person who is in willful violation of subsection (a) of this section shall be guilty of a felony and upon conviction shall be punished by a fine of not more than six thousand dollars ($6,000) or by imprisonment in the state penitentiary for not more than six (6) years, or by both fine and imprisonment.

History. Acts 1977, No. 352, § 21; A.S.A. 1947, § 82-426.21; Acts 1997, No. 295, § 10.

20-17-1019. Conveyance of lots.

(a)  An instrument of conveyance or deed for burial lots, plots, or parts thereof shall be issued to the purchaser upon complete payment of the purchase price. (b)  Only the cemetery company or its agents may sell or convey lots, grave spaces, crypts, niches, or parts thereof, except that:      (1)  The owner of any lot, grave space, niche, crypt, or part thereof may sell his or her lot or part thereof if he or she first has offered its transfer in writing to the cemetery company at the purchase price then being charged by the cemetery company for similar lots and if the cemetery company refused the offer within thirty (30) days after the offer; or      (2)  An owner may convey or devise to the cemetery company his or her right and title in and to any lot, grave space, niche, crypt, or part thereof. (c)  The secretary or other responsible officer of the cemetery company shall file and record in its books all instruments of transfer. (d)  The conveyance shall be signed by the persons having proper authority. (e)  Any mortgage or lien on the cemetery land by a permit holder shall not encumber any burial space that has been sold prior to the granting of the mortgage or creation of the lien. (f)  (1)  To ensure that all burial spaces remain unencumbered, the permit holder shall file with the Arkansas Cemetery Board before execution of any mortgage or creation of any lien a notarized statement reflecting the specific description of the land to be affected by the mortgage or lien and a waiver or release by the proposed mortgagee or lienholder of any claim or right to any burial space for which an instrument of conveyance or deed has been or may be executed.      (2)  The failure of a permit holder to comply with the requirements of this subsection shall be grounds for the board to require an additional contribution to the permanent maintenance fund of the cemetery in an amount not exceeding one thousand dollars ($1,000) for each burial space encumbered.

History. Acts 1977, No. 352, § 18; A.S.A. 1947, § 82-426.18; Acts 2001, No. 1242, § 4.

20-17-1020. Unlawful act.

It shall be unlawful for any cemetery company to bury or inter a body in any path, alley, or walk.

History. Acts 1977, No. 352, § 18; A.S.A. 1947, § 82-426.18.

20-17-1021. Disposition of contributions and fees.

(a)  All contributions imposed pursuant to this subchapter shall be deposited into the respective permanent maintenance fund of the cemetery company upon which the contribution is imposed. (b)  All fees imposed pursuant to this subchapter shall be paid to the Arkansas Cemetery Board.

History. Acts 1977, No. 352, § 23; A.S.A. 1947, § 82-426.23.

20-17-1022. Records required. (a)  All cemetery companies shall make and keep accounts and records which shall indicate that they have made the required contributions to the permanent maintenance fund. The burden is upon the cemetery company to maintain the accounts and records. (b)  Unless otherwise approved by the Arkansas Cemetery Board, all sales contracts and deeds issued by the cemetery company shall be numbered prior to when they are executed by the cemetery company and shall contain those items that the board by rule or order prescribes.

History. Acts 1977, No. 352, § 17; A.S.A. 1947, § 82-426.17.

20-17-1023. Annual report of condition of cemetery company.

(a)  Within sixty (60) days after the end of the calendar year, each cemetery company shall file with the Arkansas Cemetery Board a report, under oath, of its condition. The report shall contain at least the following information:      (1)  The name of the cemetery company, the location of the cemetery, the name of the person in charge of the records of the cemetery company, and the phone number of the company;      (2)  The amount of sales of cemetery lots, graves, spaces, mausoleums, crypts, or niches for which payment has been made in full and certificates or deeds of conveyance have been issued during the preceding calendar year;      (3)  The amounts paid into the permanent maintenance fund and the income received from the fund during the preceding calendar or fiscal year, including the total amount due the fund whether paid in or not, the amounts due the fund at the date of the report, and the amount expended for maintenance of the cemetery;      (4)  The names and addresses of the owners of the cemetery company or the officers and directors of the company and stating any change of control which has occurred during the past fiscal or calendar year, the date of incorporation, and listing the resident agent and office if the cemetery company is a corporation; and      (5)  Such other information as the board may by rule or order require. (b)  The report shall be accompanied by:      (1)  A filing fee of three hundred twenty-five dollars ($325); and      (2)  (A)  A fee of seven dollars ($7.00) for each burial sale contract entered into after July 1, 2005, by the cemetery company regardless of the number of spaces sold under the contract regarding plots, crypts, and niches.           (B)  (i)  The first payment of fees under subdivision (b)(2)(A) of this section shall be due on or before March 1, 2006, and shall be based on the number of contract sales entered into during the period of July 1, 2005, through December 31, 2005.                 (ii)  Subsequent annual reports shall be based upon contract sales entered into for the previous calendar year. (c)  (1)  Failure by the cemetery company to make a timely filing of its annual report shall be grounds for an additional contribution to the permanent maintenance fund of fifty dollars ($50.00) per day until the report is filed with the board.      (2)  If the cemetery company refuses to pay the contribution or fees, the board shall institute suit to recover the penalty and fee and costs and such other relief as the state in its judgment deems proper.      (3)  If the cemetery company shall fail to meet the requirements of this section, then the board shall apply to the Pulaski County Circuit Court for the proper order to require a report. (d)  The beginning and ending dates of the report shall coincide with the dates of the report of the trustee required in § 20-17-1015. (e)  Upon receipt of a properly completed annual report from the trustee and the cemetery company, the board shall issue to the cemetery company an annual operating permit which shall be prominently displayed at the main entrance to the cemetery.

History. Acts 1977, No. 352, § 19; A.S.A. 1947, § 82-426.19; Acts 2005, No. 2169, § 4.

20-17-1024. Preexisting cemeteries.

(a)  All cemetery companies in existence at the time of the passage of this act shall be permitted to continue operation under their present permits except that those cemetery companies which are subject to this subchapter and have not been filing annual reports with the Arkansas Cemetery Board shall, by January 1, 1978, file the following information and shall be subject to the jurisdiction of the board:      (1)  The name of the owner and operator of the cemetery and a statement of the form of business organization, that is, corporation, nonprofit corporation, partnership, etc., along with a copy of the articles, bylaws, or applicable organization documents;      (2)  The location and legal description of the cemetery, including a survey and map of the cemetery delineating the lots, plots, pathways, etc.;      (3)  The rules and regulations for the use, care, management, and protection of the cemetery, including a list of lot prices and all charges and assessments made by the cemetery company;      (4)  Details concerning the permanent maintenance trust fund including a copy of the trust agreement, the name of the trustee, the report of the trustee, etc.;      (5)  A copy of the present permit and proof of registration with the Division of Health of the Department of Health and Human Services;      (6)  A fee as the board by rule shall prescribe;      (7)  A copy of the deed to the present cemetery company conveying land used as a cemetery and copies of any encumbrances, mortgages, etc., or a statement that there are none;      (8)  The name and address of any officers, directors, managers, the degrees of ownership of each, and a statement concerning subsidiaries and affiliates or the organization controlling the cemetery company;      (9)  A statement as to whether there are any mausoleums or similar structures; and      (10)  Any additional information necessary to make the filing complete. (b)  Failure to file the information shall result in the suspension or revocation of the permit, and the cemetery shall be considered not to be a registered cemetery. Until a new permit to operate a cemetery is obtained, all burials or sales shall be unlawful and the person operating the cemetery or allowing the burials shall be subject to the penalties and remedies set forth in §§ 20-17-1006, 20-17-1012(f), and 20-17-1018.

History. Acts 1977, No. 352, § 22; A.S.A. 1947, § 82-426.22.

20-17-1025. Protection of cemeteries — Power to lend.

(a)  On August 1, 2001, the Arkansas Cemetery Board shall segregate one hundred eighty thousand dollars ($180,000) within its general operating fund to be administered by the Securities Commissioner and only used to lend a court-appointed receiver or conservator the funds necessary to assure that a cemetery will be properly maintained and will continue to be a going concern, including the funds necessary to pay any reasonable surety bond premium which is required to be posted by the court. (b)  The board may take any legal action necessary against a cemetery company, receiver, or conservator to recover any funds loaned by the board to or for the benefit of the cemetery, the cemetery company, receiver, or conservator for the payment of maintenance expenses or unpaid loans. (c)  Disbursement from such funds for loans to a receiver or conservator shall be made on a “first in, first out” basis as determined by the commissioner. (d)  Donations to the board to fund such loans may be accepted by the commissioner from any cemetery company, organization, or individual. (e)  The board may waive payment or extend the payment period for any loan made to a receiver or conservator if the board determines that it is unlikely that the receiver or conservator has or will receive sufficient funds to repay the loan and that the funds were or are needed to maintain and operate the cemetery for the benefit of the lot owners and the general public.

History. Acts 1997, No. 295, § 11; 2001, No. 1242, § 5.

20-17-1026. Annual permit fee.

(a)  By March 1 of each year, each permit holder shall pay to the Arkansas Cemetery Board a permit renewal fee in the amount of one hundred dollars ($100). (b)  All annual permit fees shall be classified as general funds of the board and shall be used to make loans to receivers and conservators as provided in § 20-17-1025.

History. Acts 2001, No. 1242, § 6; 2005, No. 2169, § 5.

20-17-1027. Duties of State Securities Department.

(a)  The State Securities Department shall assist the Arkansas Cemetery Board in the performance of its duties. (b)  Assistance under subsection (a) of this section shall include, but is not limited to:      (1)  Receiving and disseminating filings, questions, and requests on behalf of the board to the members of the board in advance of each meeting;      (2)  Reviewing all filings, questions, and requests on behalf of the board and offering its opinion on the resolution of the matter;      (3)  Issuing written responses regarding complaints received by the board;      (4)  Scheduling all meetings in conjunction with the Chair of the Arkansas Cemetery Board;      (5)  Providing appropriate legal notices for all scheduled meetings;      (6)  Establishing a site where meetings of the board may be held;      (7)  Scheduling the services of a court reporter for all meetings of the board;      (8)  Providing legal representation and assistance through the legal staff of the department to the board in matters pertaining to this subchapter;      (9)  Acting as a liaison between the board and any court involved in the administration of any perpetual care cemetery placed in receivership;      (10)  Performing inspections at cemeteries for which complaints have been received by the board;      (11)  Performing special audits as necessary;      (12)  Scheduling regular audits of perpetual care cemeteries;      (13)  Administering the annual perpetual care reporting for all perpetual care cemeteries; and      (14)  Assisting in the formulation of legislation on behalf of the cemetery industry and the board.

History. Acts 2005, No. 2169, § 6.

20-17-1028. Contracts with municipality or county where a cemetery is located.

(a)  (1)  The Arkansas Cemetery Board may contract with the municipality or county where a cemetery is located for the care and maintenance and the operation of the cemetery.      (2)  Services relating to the care and maintenance and the operation of the cemetery include without limitation:           (A)  The sale and conveyance of lots;           (B)  The opening and closing of graves;           (C)  The preparation of financial reports and legal documents;           (D)  The maintenance of driveways;           (E)  The removal of trash and debris;           (F)  The cutting of grass;           (G)  The planting and care of trees, shrubs, and flowers; and           (H)  The necessary improvements to streets, avenues, walks, or other public grounds of the cemetery.      (3)  The municipal or county government may subcontract with qualified persons to provide services under this section. (b)  (1)  If the board contracts with a municipality or county under this section, the municipality or county, in addition to complying with any applicable statute, shall file with the board in March of each year a financial report showing all moneys received and expended during the preceding year, including without limitation:           (A)  The date of receipt of all moneys;           (B)  The source from which the moneys were received;           (C)  All moneys paid out;           (D)  The date the moneys were paid out;           (E)  The person to whom the moneys were paid out; and           (F)  The purpose of the payment.      (2)  At the end of each calendar year, the municipality or county shall review the fiscal position of the cemetery and direct any excess moneys to the permanent maintenance fund. (c)  For the purposes of this section, a municipality or county may accept funds from public and private entities and direct the funds to:      (1)  General maintenance and improvement; or      (2)  The permanent maintenance fund. (d)  The state, a city, or a county shall be immune from liability in contract or in tort for actions taken to implement this section.

History. Acts 2007, No. 430, § 3.

20-17-1029. Cemetery advisory boards — Membership — Organization — Authority.

(a)  The Governor may create a cemetery advisory board for any cemetery purchased under § 20-17-1006 to assist the state and the municipality or county where the cemetery is located in achieving the efficient management, operation, maintenance, and preservation of the cemetery. (b)  (1)  A cemetery advisory board shall be composed of seven (7) members appointed by the Governor as follows:           (A)  Three (3) members shall be owners of lots in the cemetery or have demonstrated an interest in the preservation of the cemetery;           (B)  Three (3) members shall be owners or operators of a licensed cemetery or funeral home in this state; and           (C)  One (1) member shall be a person actively engaged, by profession or as a volunteer, in activities promoting the historic preservation of cemeteries in the local community.      (2)  (A)  The terms of the members shall be for three (3) years.           (B)  Members shall serve until their successors are appointed and qualified.           (C)  The initial members shall draw lots so that three (3) members serve a term of one (1) year, two (2) members serve a term of two (2) years, and two (2) members serve a term of three (3) years.           (D)  (i)  Vacancies for any unexpired term of a member shall be filled in the same manner as the original appointment of the vacating member.                 (ii)  An appointee to fill a vacancy shall serve for the unexpired term and is eligible for reappointment.      (3)  Members shall biannually elect a chair, vice chair, and a secretary from the membership, whose duties shall be those customarily exercised by the officers or specifically designated by the cemetery advisory board.      (4)  No member shall be liable for any damages unless it is made to appear that he or she has acted with corrupt and malicious intent.      (5)  Members shall serve without compensation.      (6)  A cemetery advisory board shall meet as often as it deems necessary for the purpose of carrying out its duties under this section. (c)  A cemetery advisory board may:      (1)  Establish itself as a section 501(c)(3) corporation under the Internal Revenue Code of 1986, as it existed on January 1, 2007;      (2)  Raise private funds for the benefit of the cemetery general fund and the permanent maintenance fund;      (3)  Recruit volunteers; and      (4)  (A)  Advise the Arkansas Cemetery Board and the municipality or county where the cemetery is located concerning long-term goals and plans for efficient cemetery operation and beautification.           (B)  No policy of a cemetery advisory board relating to long-term goals and plans for efficient cemetery operation and beautification shall be adopted unless the municipality or county where the cemetery is located approves the policy.

History. Acts 2007, No. 430, §§ 3.

Subchapter 11 — Cemetery Improvement Districts

20-17-1101. Purpose of district.
20-17-1102. Petition generally.
20-17-1103. Petition — Notice and hearing.
20-17-1104. Board of commissioners — Appointment.
20-17-1105. Board of commissioners — Powers and duties.
20-17-1106. Board of commissioners — Proceedings — Officers — Employees — Selection of depository.
20-17-1107. Board of commissioners — Liability.
20-17-1108. Formation of plans — Assessors and assessments generally.
20-17-1109. Assessment — Notice and hearings.
20-17-1110. Assessment — Annual reassessment.
20-17-1111. Assessment — Order — Lien.
20-17-1112. Assessment — Filing and collection.
20-17-1113. Assessment — Time for payment — Failure to pay — Redemption.
20-17-1114. Expenditures — Public proceedings and transactions — Filing of report.
20-17-1115. Issuance of notes.
20-17-1116. Dissolution.
20-17-1117. Certain suits in public interest.
20-17-1118. Fee of collector and county clerk.

20-17-1101. Purpose of district.

The purpose of the district shall be the building and maintaining of a cemetery or cemeteries for the use and benefit of the property holders within the district, and it is realized that the cemetery would be a benefit to all the real property located in the district.

History. Acts 1957, No. 318, § 1; A.S.A. 1947, § 20-1301.

20-17-1102. Petition generally.

(a)  Upon the petition of a majority in value of the owners of real property in any designated area, it shall be the duty of the county court to lay off into an improvement district the territory described in the petition and to name three (3) commissioners of the district who are resident property holders in the district. (b)  (1)  The petition for and the court order creating the district shall designate the maximum amount that may be expended for labor, materials, and personal services in any year in maintaining the grounds and facilities of the cemetery.      (2)  The purpose for which the district is to be formed shall be stated in the petition, and the judgment establishing the district shall give it a name which shall be descriptive of the purpose. It shall also receive a number to prevent its being confused with other districts for similar purposes.

History. Acts 1957, No. 318, §§ 1, 2; A.S.A. 1947, §§ 20-1301, 20-1302.

20-17-1103. Petition — Notice and hearing.

(a)  (1)  It shall be the duty of the county clerk to give notice of the filing of the petition, describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the district to appear before the county court on a day to be fixed in the notice.      (2)  The notice shall be published one (1) time a week for two (2) consecutive weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated.      (3)  This notice may be in the following form: “Notice is hereby given that a petition has been filed praying for the formation of an improvement district for the purpose of . Said petition is on file at the office of the County Clerk of   County, where it is open to inspection. All persons desiring to be heard on the question of formation of said district will be heard by the County Court at M., on the   day of , 20 . The following lands are affected: (Here give description of lands affected; the same may be described by using the largest subdivisions possible.) County Clerk” Click to view form. (b)  Any number of identical petitions may be circulated and identical petitions with identical names may be filed at any time until the county court acts. (c)  (1)  On the day named in the notice it shall be the duty of the county court to meet to hear the petition and to determine whether those signing the petition constitute a majority in value.      (2)  If the county court determines that a majority in value have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appointing the commissioners.      (3)  If it finds that a majority has not signed the petition, it shall enter its order denying the petition. (d)  Any petitioner or any opponents of the petition may appeal from the judgment of the county court creating or refusing to create the district, but the appeal must be taken and perfected within thirty (30) days. If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons.

History. Acts 1957, No. 318, § 2; A.S.A. 1947, § 20-1302.

20-17-1104. Board of commissioners — Appointment.

(a)  The board of commissioners shall be resident property holders in the district and shall be citizens of integrity and good business ability. (b)  (1)  The commissioners shall be appointed to serve for terms of one (1), two (2), and three (3) years, respectively. The length of the term of each commissioner shall be stated in the order of the county court making the appointment.      (2)  As the terms of the commissioners expire, the county court shall appoint successors to hold office for a term of three (3) years. (c)  (1)  The county court may reappoint a commissioner whose term is expiring.      (2)  In case of a vacancy on the board of commissioners after the commissioners have organized, the county court shall appoint some resident property holder as his or her successor, who shall qualify in like manner and within a like time. (d)  The commissioners shall serve without compensation.

History. Acts 1957, No. 318, §§ 1-3; A.S.A. 1947, §§ 20-1301 — 20-1303.

20-17-1105. Board of commissioners — Powers and duties.

(a)  The commissioners may take charge of, purchase, and provide a site or grounds and additions thereto, to provide and maintain streets, aisles, outside fences, drainage, and other necessary facilities, and to employ a caretaker or caretakers for the cutting of grass and the planting and care of trees, shrubs, and flowers. (b)  The commissioners shall establish lots, plots, or burial spaces within the space provided for a cemetery and issue permits for the interment of deceased persons therein.

History. Acts 1957, No. 318, § 2; A.S.A. 1947, § 20-1302.

20-17-1106. Board of commissioners — Proceedings — Officers — Employees — Selection of depository.

(a)  (1)  Within thirty (30) days after their appointment, the commissioners shall take and file their oaths of office with the county clerk, in which they shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas, to faithfully discharge their duties as commissioners, and that they will not be interested, directly or indirectly, in any contract let by the board.      (2)  Any commissioner failing to file the oath within the period shall be deemed to have declined the office, and the county court shall appoint some resident property holder as his or her successor who shall qualify in like manner within a like time. (b)  The board shall organize by electing one (1) of its members chair, and it shall select a secretary. (c)  It may also employ such agents, servants, attorneys, and engineers as it deems best and fix their compensation. (d)  Each district shall be a body corporate with power to sue and be sued, and it shall have a corporate seal. (e)  The board shall also select some solvent bank or trust company as the depository of its funds, exacting of the depository a bond in an amount equal to the amount of money likely to come into its hands.

History. Acts 1957, No. 318, § 3; A.S.A. 1947, § 20-1303.

20-17-1107. Board of commissioners — Liability.

No member of the board of commissioners shall be liable for any damages unless it shall be made to appear that he or she had acted with a corrupt and malicious intent.

History. Acts 1957, No. 318, § 12; A.S.A. 1947, § 20-1312.

20-17-1108. Formation of plans — Assessors and assessments generally.

(a)  Upon the qualification of the commissioners, they shall form plans for the improvements they intend to make and the property and equipment they intend to purchase. (b)  (1)  The commissioners shall thereupon appoint three (3) assessors to assess the annual benefits which will accrue to the real property within the district from making the improvements upon and the operation of the cemetery and shall fix their compensation.      (2)  The assessors shall take an oath that they will well and truly assess all annual benefits that will accrue to the landowners of the district by the making of the proposed improvement, and by the acquisition and operation of the cemetery. (c)  The assessors shall thereupon proceed to assess the annual benefits to the lands within the district, shall inscribe in a book each tract of land, and shall extend opposite each tract of land, the amount of annual benefits that will accrue each year to the land by reason of the improvement. (d)  (1)  In case of any reassessment, the reassessment shall be advertised and equalized in the same manner as is provided in this section for making the original assessment.      (2)  The owners of all property whose assessment has been raised shall have the right to be heard and to appeal from the decision of the assessors, as in the original assessment. (e)  The assessors shall place opposite each tract the name of the supposed owner, as shown by the last county assessment, but a mistake in the name shall not void the assessment, and the assessors shall correct errors which occur in the county assessment list. (f)  The commissioners shall have the authority to fill any vacancy in the position of assessor, and the assessors shall hold their offices at the pleasure of the board.

History. Acts 1957, No. 318, § 4; A.S.A. 1947, § 20-1304.

20-17-1109. Assessment — Notice and hearings.

(a)  The assessment shall be filed with the county clerk of the county, and the secretary of the board shall thereupon give notice of its filing by publication one (1) time a week for two (2) weeks in a newspaper published and having a bona fide circulation in the county. This notice may be in the following form: “Notice is hereby given that the assessment of annual benefits of District Number   has been filed in the office of the County Clerk of County, where it is open for inspection. All persons wishing to be heard on said assessment will be heard by the assessors of said district in the office of the County Clerk between the hours of 1 p.m. and 4 p.m., at , on the day of , 20 ” Click to view form. (b)  (1)  (A)  On the day named by the notice, it shall be the duty of the assessors to meet at the place named as a board of assessors, to hear all complaints against the assessment, and to equalize and adjust the assessment.           (B)  If the board is unable to hear all complaints between the hours designated, it shall adjourn over from day to day until all parties have been heard.      (2)  The board's determination shall be final, unless suit is brought in the circuit court within thirty (30) days to review it.

History. Acts 1957, No. 318, § 5; A.S.A. 1947, § 20-1305.

20-17-1110. Assessment — Annual reassessment.

(a)  The commissioners shall one (1) time a year order the assessors to reassess the annual benefits of the district, provided there have been improvements made or improvements destroyed or removed from one (1) or more tracts of land in the district making it necessary to have the annual benefits revised. (b)  Whereupon, it shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change. However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless improvements are made to the land that will be benefited by the operation of the cemetery.

History. Acts 1957, No. 318, § 6; A.S.A. 1947, § 20-1306.

20-17-1111. Assessment — Order — Lien.

(a)  The board of commissioners of the district shall at the time that the annual benefit assessment is equalized or at any time thereafter enter upon its records an order, which shall have all the force of a judgment, provided that there shall be assessed upon the real property of the district and collected annually the annual benefit assessment set opposite each tract of land described. The annual benefit is to be paid by the owner of the real property in the district, payable as provided in the order. (b)  (1)  The uncollected annual benefit assessment as extended shall be a lien upon the real property in the district against which it is extended from the time the same is levied, shall be entitled to preference over all demands, executions, encumbrances, or liens whensoever created, and shall continue until the assessment with any penalty and costs that may accrue thereon shall have been paid.      (2)  Notice of the amount due shall be given to each landowner, if he or she fails to pay his or her assessment on or before the third Monday in April by mail at his or her last known address.      (3)  (A)  The remedy against the annual benefit assessment shall be by suit in equity, and the suit shall be brought within thirty (30) days from the time that the notice is mailed.           (B)  On the appeal, the presumption shall be in favor of the legality of the annual benefit assessment.

History. Acts 1957, No. 318, § 7; A.S.A. 1947, § 20-1307.

20-17-1112. Assessment — Filing and collection.

(a)  The original assessment record or any reassessment record shall be filed with the county clerk, whose duty it shall be to extend the annual benefit assessment annually upon the tax books of the county until the district is dissolved. (b)  It shall then be the duty of the collector to collect each year the annual benefit assessment extended upon the book along with the other taxes, and the taxes shall be paid over by the collector to the depository of the district at the same time that he or she pays over the county funds. (c)  (1)  (A)  (i)  If there is any change in the annual benefits assessed, a certified copy of the revised assessment shall be filed with the county clerk who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in a similar manner.                 (ii)  The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist.           (B)  It shall be the duty of the county collector to collect the taxes so extended.      (2)  In lieu of filing the reassessment, the assessors may make the changes in the assessments in red ink on the assessment already on file, or the assessment record may contain many columns, at the head of which the year shall be designated, and in the column the new annual benefits may be shown in red ink, which will indicate any increase or decrease in the original annual benefits extended. When the change is made, a red ink line shall be drawn through the figures showing the original annual benefits extended.

History. Acts 1957, No. 318, § 8; A.S.A. 1947, § 20-1308.

20-17-1113. Assessment — Time for payment — Failure to pay — Redemption.

(a)  (1)  All annual benefits extended and levied under this subchapter shall be payable between the third Monday in February and the third Monday in April of each year.      (2)  If any annual benefit assessments levied by the board under this subchapter are not paid at maturity, the collector shall not embrace the assessments in the taxes for which he or she shall sell the lands, but he or she shall report the delinquencies to the board of commissioners of the district who shall add to the amount of the annual benefit assessment a penalty of ten percent (10%). (b)  The board of commissioners shall enforce the collection by equitable proceedings in the circuit court of the county in the manner provided by §§ 14-121-426 — 14-121-432. (c)  However, the owner of property sold for taxes thereunder shall have the right to redeem it at any time within two (2) years from the time when his or her lands have been stricken off by the commissioner making the sale.

History. Acts 1957, No. 318, § 9; A.S.A. 1947, § 20-1309.

20-17-1114. Expenditures — Public proceedings and transactions — Filing of report.

(a)  The depository shall pay out no money except under the order of the board of commissioners and upon a voucher check signed by at least two (2) of the commissioners. Every voucher check shall state upon its face to whom payable, the amount, and the purpose for which it is used. All voucher checks shall be dated and shall be numbered consecutively in a record to be kept by the board of the number and amount of each. (b)  All proceedings and transactions of the board shall be a matter of public record and shall be open to the inspection of the public. (c)  The board of commissioners shall file with the county clerk in January of each year a certified itemized report showing all moneys received, the date of receipt, and the source from which received, all moneys paid out, the date paid, to whom paid, and for what purpose, during the preceding year, together with an itemized list of all delinquent taxes, showing the owner, a description of the property, the years for which the tax is delinquent, and the amount of total delinquency.

History. Acts 1957, No. 318, § 10; A.S.A. 1947, § 20-1310.

20-17-1115. Issuance of notes.

(a)  In order to acquire equipment and to do the work, the board may issue the negotiable notes of the district signed by the members of the board and bearing a rate of interest not exceeding six percent (6%) per annum and may pledge and mortgage a portion of future annual benefit assessments as collected for the payment thereof. (b)  Any petitions for the creation of a district and the court order creating the district shall limit the total amount of notes that may be outstanding at any one (1) time in excess of ten thousand dollars ($10,000). (c)  The district shall have no authority to issue bonds.

History. Acts 1957, No. 318, § 11; A.S.A. 1947, § 20-1311.

20-17-1116. Dissolution.

(a)  The district shall not cease to exist upon the completion of the improvement, but it shall continue to exist for the purpose of operating and maintaining the cemetery until such time as the owners of a majority in value of the real property within the district petition the county court for dissolution of the district. (b)  Publication of the petition for dissolution, as provided for in creating the district, shall be made, and if the county court finds that a majority in value of the real property in the district has petitioned for the dissolution of the district, the district shall be dissolved. (c)  Parties for or against the dissolution shall have the same right of appeal as in the creation of the district.

History. Acts 1957, No. 318, § 13; A.S.A. 1947, § 20-1313.

20-17-1117. Certain suits in public interest.

(a)  All cases involving the validity of the districts or the annual benefit assessments and all suits to foreclose the lien of annual benefit assessments shall be deemed matters of public interest, and they shall be advanced and disposed of at the earliest possible moment. (b)  All appeals therefrom shall be taken and perfected within thirty (30) days.

History. Acts 1957, No. 318, § 14; A.S.A. 1947, § 20-1314.

20-17-1118. Fee of collector and county clerk.

In collecting annual benefit assessments in any district created under this subchapter, the collector of taxes in any county shall deduct one percent (1%) of the annual benefit assessments or taxes so collected, and retain one-half of one percent (0.5%) as the fee of the collector for collecting the assessments or taxes and pay over the remaining one-half of one percent (0.5%) of the assessments or taxes collected to the county clerk of the county as the fee of the county clerk for extending on the assessment records of the county the annual benefit assessments or taxes.

History. Acts 1957, No. 318, § 15; A.S.A. 1947, § 20-1315.