24.147.1313    TRANSFER OF CEMETERY OWNERSHIP

(1) In addition to the requirements of this rule, an application for a new cemetery license as described in ARM 24.147.1301 must be submitted when ownership of a cemetery company changes.

(2) When there is a change in ownership, the existing license is void and a new license will be issued to the new owner.

(3) When ownership of any cemetery company is proposed to be transferred, the cemetery company must notify the board. The notice shall specify:

(a) the address of the principal offices of the cemetery company; and

(b) the name and address of each new owner and/or the stockholders, regardless of whether or not the principal address has changed.

(4) Notice of such a change of ownership shall be published in a newspaper of general circulation in the county in which the cemetery is located. The notice shall specify:

(a) the address of the principal offices of the cemetery company, whether changed or unchanged; and

(b) the name and address of each new owner and/or each stockholder owning more than 5 percent of the stock.

(5) Every cemetery company shall post and continuously maintain at the main public entrance to the cemetery, a sign which must:

(a) specify the current name and mailing address of the cemetery company;

(b) contain a statement that the name and mailing address of each owner, presiding officer, and/or their agent of the cemetery company may be obtained by contacting the board;

(c) contain the mailing address of the board;

(d) be at least 16 inches high and 24 inches wide; and

(e) be prominently mounted upright and vertical.

(6) The board shall suspend the license of any cemetery company which is in violation of any of the requirements in this rule. The license may be reinstated only when the cemetery company is in compliance with all requirements.

 

History: 37-1-131, 37-19-202, 37-19-807, 37-19-816, MCA; IMP, 37-1-131, 37-19-816, MCA; NEW, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2017 MAR p. 2187, Eff. 11/25/17.