Louisiana Revised Statutes 8:414 – Additional powers of the board
Terms Used In Louisiana Revised Statutes 8:414
- Abandoned cemetery: means any cemetery for which the board, in its discretion and after having been provided with the requisite title information establishing the title owner of the property, determines it is impossible or impractical to locate the current owner based upon its findings, including but not limited to a presentation of title history by the applicant for an abandoned cemetery sales and management license. See Louisiana Revised Statutes 8:411
- Abandoned cemetery sales and management license: means any license issued by the board pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 8:411
- Board: means the Louisiana Cemetery Board. See Louisiana Revised Statutes 8:411
- Cemetery: means a place used or intended to be used for the interment of the human dead and, to the extent allowed in accordance with this Title, pet remains. See Louisiana Revised Statutes 8:1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Interment: means the disposition of human remains by inurnment, scattering, entombment, or burial in a place used or intended to be used, and dedicated, for cemetery purposes. See Louisiana Revised Statutes 8:1
- Licensee: means any person who has been issued an abandoned cemetery sales and management license by the board. See Louisiana Revised Statutes 8:411
The board may do any of the following:
(1) Refuse issuance of an abandoned cemetery sales and management license if the board finds that ownership of the abandoned cemetery is in dispute.
(2) Revoke or suspend an abandoned cemetery sales and management license if the board finds:
(a) The existence of credible evidence of an ownership dispute for the cemetery subject to the license.
(b) The violation by a licensee of any provision of this Title or any applicable rule or regulation promulgated by the board.
(3) Summarily suspend an abandoned cemetery sales and management license, pursuant to La. Rev. Stat. 49:977.3, when the board finds that public health, safety, or welfare imperatively requires emergency action.
(4) Impose upon a licensee certain retroactive recordkeeping or record creation requirements, including but not limited to the creation of known interment logs, plats, and maps, and any other documentation reasonably necessary for the cemetery subject to the license to be operated in compliance with the provisions of this Title.
Acts 2016, No. 413, §1, eff. Jan. 1, 2017.