Louisiana Revised Statutes 8:76 – Sale or transfer of cemetery authority; application for new certificate of authority; compliance required; late charge
Terms Used In Louisiana Revised Statutes 8:76
- 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
- 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
A. Within thirty days after the sale or transfer of ownership or control of a cemetery or cemetery authority, the transferor shall return its certificate of authority to the board. The transferee shall file an application, within thirty days, after the sale or transfer of ownership or control of a cemetery authority, and meet all of the requirements of this Chapter. The application for a certificate of authority shall be accompanied by the prescribed regulatory charge.
B. Transferees who fail to file an application for a certificate of authority at the time required in Subsection A of this Section shall, in addition to the prescribed regulatory charge, pay an additional late charge of fifty percent of the prescribed regulatory charge or one hundred dollars, whichever is lesser.
C.(1) Upon the filing of a completed application, the transferee may operate the business until its application is acted upon by the board. The board shall issue a certificate of authority to the transferee upon the transferee’s compliance with all of the provisions and requirements of this Chapter.
(2) If the board refuses to grant the transferee a new certificate of authority, it shall inform the transferee in writing by registered or certified mail of the reasons therefor and the transferee shall be entitled to a hearing if requested within thirty days of receipt of the denial. The hearing shall be conducted in accordance with the provisions of the Administrative Procedure Act.
Acts 1974, No. 417, §1. Amended by Acts 1980, No. 428, §1; Acts 1997, No. 921, §1; Acts 2006, No. 609, §1; Acts 2022, No. 574, §1.