Michigan Compiled Laws
Act 251 of 1968 - Cemetery Regulation Act (456.521 - 456.543)
Section 456.528 - Commissioner; Rules.

Sec. 8.
(1) The commissioner shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement and administer this act, including, but not limited to, rules regarding all of the following:
(a) The maintenance of records relative to the financial aspects of cemeteries.
(b) Requirements for applications for the granting of permits and registrations required under this act, including, but not limited to, the good moral character and financial security, responsibility, and stability of persons having an interest in the cemetery and all persons with decision-making authority that are employed by the applicant, registrant, or permittee.
(c) The formal and informal procedures governing the conduct of contested cases under this act before the commissioner or a hearing officer designated by the commissioner.
(d) The establishment, control, record keeping, and auditing of endowment care trusts, merchandise trust accounts, and related trust funds.
(e) Requirements for trust agreements, endowment care trusts, and merchandise trust accounts.
(f) The full disclosure of the source, nature, and amount of consideration to be used in the sale or transfer of a cemetery.
(g) Submission of annual reports in accordance with section 16(12) and (13), including requests for extensions.
(2) The commissioner shall update any existing rules that must be changed due to the amendatory act that added this subsection within 12 months after the effective date of the amendatory act that added this subsection.
History: 1968, Act 251, Eff. Sept. 15, 1968 ;-- Am. 1972, Act 290, Imd. Eff. Oct. 30, 1972 ;-- Am. 1982, Act 132, Imd. Eff. Apr. 20, 1982 ;-- Am. 2004, Act 22, Eff. Jan. 1, 2005 ;-- Am. 2008, Act 478, Imd. Eff. Jan. 12, 2009 Compiler's Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.Admin Rule: R 456.101 et seq. of the Michigan Administrative Code.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 456 - Cemetery Associations

Act 251 of 1968 - Cemetery Regulation Act (456.521 - 456.543)

Section 456.521 - Cemetery Regulation Act; Short Title.

Section 456.522 - Definitions.

Section 456.522a - Commissioner, Spouse, or Child; Financial Interest in Cemetery, Cemetery Operations, Supplier, or Funeral Establishment Prohibited.

Section 456.523-456.527 - Repealed. 1982, Act 132, Imd. Eff. Apr. 20, 1982.

Section 456.528 - Commissioner; Rules.

Section 456.529 - Commissioner; Hearings; Investigations; Oaths; Testimony; Witnesses; Production of Books and Records; Subpoena; Abandoned Cemeteries; Failure to Obey Subpoena; Perjury; Violation of Act, Rule, or Order; Powers of Commissioner; Injun...

Section 456.529a - Performance of Duties of Commissioner; Assistance From All Departments, State Agencies, Public Bodies Corporate, Committees, Commissioners, Officers of State, and Any Political Subdivision.

Section 456.529b - Consultants; Contracts.

Section 456.530 - Commissioner; Auditing Trust Funds; Registration of Cemeteries; Exemptions.

Section 456.531 - Commissioner; Registration Fee; Renewal Blank and Notice.

Section 456.532 - Permit for Registration Required; Acquisition of Controlling Interest in Cemetery Company; Application for Certificate of Approval; Contents; Issuance; Fee; Noncompliance; Escrow of Endowment and Perpetual Care Trust Fund; Prohibite...

Section 456.532a - Examining Affairs of Cemetery or Person; Inspection or Audit of Books, Papers, Records, and Documents; Audit Charges.

Section 456.533 - Establishment of Cemetery; Application for Permit; Investigation Fee; Conduct of Investigation; Notice to Commissioner of Certain Changes; Order to Void Certain Appointments.

Section 456.533a - Circumstances Causing Person to Be Ineligible as Cemetery Owner or Holder of Controlling Interest; Factors for Determining Eligibility.

Section 456.534 - Granting or Refusing to Grant Permit; Denial of Application; Procedures.

Section 456.535 - Registration of Cemetery; Date; Application; Form; Fee; Expiration; Procedure for Denying Registration; Late Penalty Filing Fee.

Section 456.535a - Witness Fee; Prohibition.

Section 456.536 - Irrevocable Endowment and Perpetual Care Trust Fund; Establishment and Maintenance; Commingling Prohibited; Annual Report; Application for Modification or Waiver; Expenses; Bundling of Funds With Common Ownership; Pooling of Trust o...

Section 456.536a - Preconstruction Sales of Crypts or Niches.

Section 456.537 - Right to Possess Space Within Cemetery; Presumption of Abandonment; Certification; Notice; Record; Remedies; Transfer; Sale; Contract; Publication on Internet Website; Exception; Intent of Section; Definitions.

Section 456.538 - Denial, Suspension, or Revocation of Permit or Registration, and Other Disciplinary Action; Grounds; Effect; Fulfillment of Contractual Obligations and Agreements; Administrative Fine.

Section 456.539 - Denial, Suspension, or Revocation of Permit or Registration; Notice of Intent; Hearing; Decision.

Section 456.540 - Appeal.

Section 456.541 - Violations; Penalties.

Section 456.542 - Repeal.

Section 456.543 - Effective Date of Act.