Louisiana Revised Statutes 8:506 – Examination by board; expenses
Terms Used In Louisiana Revised Statutes 8:506
- Board: means the Louisiana Cemetery Board. See Louisiana Revised Statutes 8:1
- 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
- Cemetery authority: means any person, firm, corporation, limited liability company, trustee, partnership, association, or municipality owning, operating, controlling, or managing a cemetery or holding lands within this state for interment purposes. See Louisiana Revised Statutes 8:1
- Personal property: All property that is not real property.
- Sale: means the sale of the full title to any cemetery space or the sale of the right of use of or interment in any cemetery space. See Louisiana Revised Statutes 8:1
- Trustee: A person or institution holding and administering property in trust.
- Trustee: means the separate legal entity designated as trustee of a cemetery care fund. See Louisiana Revised Statutes 8:1
A. The board may examine the relevant business books and records identified in Subsection C of this Section of any cemetery authority or other entity that is engaged in making contracts for the sale of personal property or services as contemplated in this Chapter at the following time or times:
(1) Once every three years.
(2) Whenever the board determines there is a good cause to believe that a violation of this Chapter has occurred.
(3) Whenever the cemetery authority, other entity, or trustee in charge of merchandise trust funds fails to file the reports required by this Chapter.
(4) Whenever the board is requested by verified petition signed by twenty-five individuals purchasing personal property or services alleging that the cemetery authority or other entity is not in compliance with this Chapter, in which case the examination shall be at the expense of the petitioners.
B. The expense of the examination as provided in this Section shall not exceed two hundred fifty dollars per day for each examiner engaged in the examination, but when the examination requires more than two days, the cost shall be paid by the cemetery authority or other entity in an amount not to exceed a total of five hundred dollars, unless irregularities are found, in which case the cemetery authority or other entity shall pay the full cost of the examination.
C. In making such examination, the board shall:
(1)(a) Have reasonable access to the books and records relating to the merchandise trust funds, their collection and investment, and individual contracts for the sale of personal property or services as described in this Chapter.
(b) Make the books and records available for examination in the principal office of the cemetery authority, other entity, or trustee located within the state of Louisiana.
(2) Inspect and examine the merchandise trust funds to determine their condition and the existence of the investments.
(3) Ascertain if the cemetery authority or other entity has complied with all laws applicable to merchandise trust funds.
D. Any requests for access to books and records which the trustee, cemetery authority, or other entity objects to as being unreasonable, irrelevant, arbitrary, or capricious shall be produced only after the objections are ruled upon by the board after notice and hearing.
Acts 1974, No. 417, §1; Acts 1997, No. 921, §1; Acts 2012, No. 98, §1, eff. Jan. 1, 2013; Acts 2015, No. 222, §1; Acts 2022, No. 574, §1; Acts 2023, No. 381, §1.