Michigan Compiled Laws
Act 251 of 1968 - Cemetery Regulation Act (456.521 - 456.543)
Section 456.530 - Commissioner; Auditing Trust Funds; Registration of Cemeteries; Exemptions.

Sec. 10.
(1) The commissioner shall institute and maintain a system of auditing trust funds required by this act and of registering each cemetery authorized to be created, maintained, and operated in this state, as well as any other cemetery operating under state law or local ordinance. A cemetery owned and operated by a municipal corporation, church, or religious institution is exempt from this act. However, a municipal corporation may pass ordinances necessary for regulating that municipal corporation's cemeteries.
(2) A cemetery for earth interment of 10 acres or less in size, which is owned and operated entirely and exclusively by an existing nonprofit entity and in which a burial has taken place before September 15, 1968, is exempt from the fee provisions of this act, shall have the trust fund required by this act audited at the discretion of the commissioner, and is exempt from the endowment care trust fund requirements of section 16, except for the report requirements if the cemetery maintains endowment and perpetual care trust funds.
History: 1968, Act 251, Eff. Sept. 15, 1968 ;-- Am. 1978, Act 102, Imd. Eff. Apr. 6, 1978 ;-- Am. 1982, Act 132, Imd. Eff. Apr. 20, 1982 ;-- Am. 1982, Act 289, Imd. Eff. Oct. 7, 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.

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Section 456.523-456.527 - Repealed. 1982, Act 132, Imd.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.