Okla. Stat. tit. 8, § 8-216 — OK Code / Title 8 / Section 8-216
Application for receiver
Status: in_force

No person or party other than the Oklahoma State Board of

Embalmers and Funeral Directors may appear in the courts of this

state requesting the appointment of a receiver of a burial

association.
Okla. Stat. tit. 8, § 8-217 — OK Code / Title 8 / Section 8-217
Merger, consolidation or reinsurance
Status: in_force

(a) No burial association shall merge, consolidate, or reinsure

all of its business with another burial association, except with the

approval of the Oklahoma State Board of Embalmers and Funeral

Directors.

(b) A copy of the agreement or document effecting such merger,

consolidation, or reinsurance shall be filed with the Oklahoma State

Board of Embalmers and Funeral Directors.
Okla. Stat. tit. 8, § 8-15 — OK Code / Title 8 / Section 8-15
Members' meetings - Notices - Quorum - Special meetings
Status: in_force

Annual meeting of members. The annual meeting of the members of

such cemetery association shall be held each year as set by its

board of directors or other applicable organization for the purpose

of electing directors and transacting such other business as may

come before the meeting. Notice of the meeting must be given by the

secretary by publication in a newspaper published in the county and

in the city or town nearest to the corporation's cemetery at least

two (2) weeks and not more than four (4) weeks prior to the date of

such meeting; five (5) members shall constitute a quorum; special

meetings may be held upon like notice; provided that if the members

number less than fifty then the notices may be given by mailing the

same to the members directed to the nearest post office to the

location of the cemetery.
Okla. Stat. tit. 8, § 8-1 — OK Code / Title 8 / Section 8-1
Laws governing - Powers and duties
Status: in_force

Every cemetery corporation formed under the laws of the

Territory or State of Oklahoma, shall be governed under the laws of

the State of Oklahoma, and have such power conferred upon it and be

subject to such duties as may be provided by the laws of the state.
Okla. Stat. tit. 8, § 8-183 — OK Code / Title 8 / Section 8-183
Certificate of authority - Application - Investigation -
Status: in_force

Public hearing - Expenses.

(a) No organization subject to the provisions of this act shall

locate or establish a cemetery in any county of this state except

after a certificate of authority has been issued therefor by the

board of county commissioners of the county wherein such cemetery is

to be located and operated, except that no application shall be

required pursuant to Section 2 of this act. The issuance of such

certificate of authority shall rest solely in the discretion of the

board of county commissioners of the county wherein such cemetery is

to be located and operated. The request to establish such proposed

cemetery shall be set forth in a written application made to the

board of county commissioners, provided that the form of the

application shall be prescribed and furnished by the board and shall

contain such information as the board may require; provided,

however, that no such certificate of authority shall be required for

establishing or operating any cemetery, graveyard or burial ground

in such cities containing a population over three hundred thousand

(300,000), authority for the construction and operation of which

shall be obtained from the governmental planning commission having

jurisdiction over zoning and building regulations covering the area

wherein such cemetery, graveyard or burial ground is located.

(b) The board of county commissioners shall not approve an

application nor issue a certificate of authority until:

1. The board shall make or cause to be made an investigation

and examination of the applicant and the application.

2. The board shall give notice of such application, and the

hearing to be held thereon, by publication once a week for two (2)

consecutive weeks in a newspaper having a general circulation in the

Oklahoma Statutes - Title 8. Cemeteries Page 14

county in which the applicant proposes to locate and operate the

cemetery.

3. The board shall, after the date of the said publication,

hold a public hearing on the application in such place in the county

as it shall designate.

(c) After the filing of the application for a certificate of

authority, the board of county commissioners shall make or cause to

be made a careful investigation and examination relating to the

financial standing and character of the organizers of the proposed

cemetery, the character and qualifications and experience of the

officers and managers thereof, for the use of the board, which

information shall be considered confidential; of the adequacy of the

initial investment in the proposed cemetery; of the adequacy of the

planned perpetual care fund if the proposed cemetery is to be a

perpetual care cemetery; of the proximity of the proposed cemetery

to human dwellings and the sanitary and health conditions in regard

to the location of the proposed cemetery; and of the public

necessity for the cemetery in the community in which such proposed

cemetery is to be located and operated; and if the board of county

commissioners, after the public hearing herein provided, shall

determine any of the questions unfavorable to the applicant, the

applicant shall not be approved and the certificate of authority

shall not be issued, and if such questions be determined favorably

by the board, the board shall approve the application and the

certificate of authority shall be issued.

(d) At the public hearing any person who is interested may

appear and be heard, either in person or by his attorney. Within

sixty (60) days from the date of such hearing the board of county

commissioners shall render its findings and decision, in such form

and detail as it shall prescribe, and a copy of the same shall be

forwarded to the applicant and all persons who have entered an

appearance.

(e) All expenses which may be incurred by the board of county

commissioners in performing its duties as provided in this section

shall be paid to the board by the applicant at the time of filing

the application for the certificate of authority, provided such

expenses shall in no event exceed Five Hundred Dollars ($500.00) and

any balance remaining unexpended shall be returned to the applicant

by the board at the conclusion of the hearing.
Okla. Stat. tit. 8, § 8-230.2 — OK Code / Title 8 / Section 8-230.2
Dissolution of unincorporated burial association
Status: in_force

Oklahoma Statutes - Title 8. Cemeteries Page 31

A. At a meeting of an unincorporated burial association,

pursuant to such procedural rules or practices as have been observed

or adopted by the association, the members may vote to dissolve the

association.

B. If the vote to dissolve is affirmative, the officers of the

association shall, within ten (10) days of the action, notify all

members of the association and shall provide the Oklahoma State

Board of Embalmers and Funeral Directors notice of the action taken.

Within thirty (30) days, the officers shall furnish to the Board a

list of the names and last-known addresses of the beneficiaries.

C. Upon discharging all debts, liabilities, and obligations of

the association, the officers shall so notify the Board, whereupon

the association shall cease to exist.
Okla. Stat. tit. 8, § 8-3 — OK Code / Title 8 / Section 8-3
Real estate-Limitation on amount-Sale of lots-Other property-
Status: in_force

Application of income.

May hold real estate. Every cemetery corporation has power to

purchase or take by gift, grant or devise and to hold real property

not exceeding eighty (80) acres for the sole use and purpose of a

burial ground and to lay out the same into blocks and lots with

convenient avenues and walks and to sell the lots for the sole use

and purpose of burying the dead; and it may own and hold such other

real and personal property as the legitimate, necessary or proper

purposes of the corporation may require and all income therefrom

shall be applied as hereinafter provided for the payment of the

debts of the corporation and the improvement and ornamentation of

its burial ground and for investment.
Okla. Stat. tit. 8, § 8-308 — OK Code / Title 8 / Section 8-308
Renumbered as Title 36, § 7128 by Laws 2010, c. 58, § 45,
Status: in_force

eff. July 1, 2010.

Oklahoma Statutes - Title 8. Cemeteries Page 32
Okla. Stat. tit. 8, § 8-13 — OK Code / Title 8 / Section 8-13
Superintendent - Duties - Election - Term - Eligibility -
Status: in_force

Supervision and control - Salary.

In addition to the other officers of such corporation, it shall

have an officer, known as its superintendent, whose duty it shall be

to care for and protect the grounds of such cemetery and its

appurtenances, and to enforce its bylaws, in relation to its

grounds, and to superintend the making of repairs and the

construction of improvements and the maintenance of all permanent

improvements, or embellishments of every kind, which tends to

beautify such cemetery or render it convenient for such use, or

preserve it permanently as a burying ground for the dead. Such

superintendent shall be elected at the same time the other officers

of such corporation are elected, and shall hold his office for the

same length of time as the president thereof, and shall be the owner

Oklahoma Statutes - Title 8. Cemeteries Page 6

of at least one lot in the cemetery, and shall be under the direct

supervision, and control of the board of directors. The salary of

such superintendent shall be fixed by the bylaws of such

corporation.
Okla. Stat. tit. 8, § 8-220 — OK Code / Title 8 / Section 8-220
Application for burial agent license and proceedings
Status: in_force

thereon.

(a) Application for a burial agent license shall be made to the

Board upon a form prescribed by the Board.

(b) Upon receipt of the application the Board shall promptly

determine the general reputation and character of the applicant as

to honesty, integrity, and responsibility. If the Board finds that

the applicant would be a trustworthy person to hold a burial agent

license and that the applicant otherwise qualifies under the

provisions of this act, it shall issue a burial agent license to the

applicant upon requisition by a burial association or associations.

(c) If the Board finds that the applicant does not qualify to

hold a burial agent license, it shall so advise the applicant and at

the same time forward to the applicant a full and complete statement

of the reasons supporting such finding. The Board shall within

fifteen (15) days after the applicant receives such statement grant

a hearing on the matter upon receiving a written request from the

applicant. The Board, at the conclusion of the hearing shall make

its written findings, decision and order. Within twenty (20) days

after being served with a copy of the written findings, decision and

order, the applicant may appeal to the district court of Oklahoma

County by filing with the clerk of the court a petition for review

of the findings, decision and order, together with a certified copy

of the proceedings of the Board. The court may review all the facts

and, in disposing of any issue before it, may modify, affirm, or

reverse the findings, decision and order of the Board, in whole or

in part.
Okla. Stat. tit. 8, § 8-4 — OK Code / Title 8 / Section 8-4
Surveys - Plat - Acknowledgment - Recording - Fee
Status: in_force

Surveys and Plat. Such corporation shall cause its land, or

such portion thereof as may from time to time become necessary for

that purpose, to be surveyed into lots, plots, avenues and walks and

platted, upon which plat every lot shall be regularly numbered and

said plat shall be acknowledged and shall be recorded in the office

of the county clerk, but the fee for said recording shall not exceed

the actual cost of the work of recording plus Two Dollars ($2.00).

R.L. 1910, § 383. Amended by Laws 1915, c. 261, § 2; Laws 2008, c.

47, § 2, eff. Nov. 1, 2008.
Okla. Stat. tit. 8, § 8-224 — OK Code / Title 8 / Section 8-224
Burial agreements issued only through resident agents
Status: in_force

(a) No burial agreement shall be issued or delivered in this

state by a burial association unless through its licensed resident

agent.

(b) No burial association or burial agent shall pay, allow or

give, directly or indirectly, any money, commissions, or other

valuable consideration to any person, who, in this state, solicits,

negotiates, or effects a burial agreement unless such person held a

burial agent license with the burial association that issued the

agreement at the time of the soliciting, negotiating, or effecting

such agreement.
Okla. Stat. tit. 8, § 8-219 — OK Code / Title 8 / Section 8-219
Burial agent license - Necessity
Status: in_force

No person shall, in this state, engage directly or indirectly,

in the business as a burial agent for any burial association unless

such person holds a burial agent license authorizing him to

represent such burial association.

Oklahoma Statutes - Title 8. Cemeteries Page 25
Okla. Stat. tit. 8, § 8-37 — OK Code / Title 8 / Section 8-37
Agreements void
Status: in_force

Provisions in any contract, agreement, deed or charter and any

bylaw, rule, restriction, covenant or regulation adopted or put in

force either subsequent or prior to the effective date of this act

authorizing, permitting or requiring the denial, refusal or

prohibition of the privilege of interment, entombment or burial

because of race, color or national origin of any deceased person are

hereby declared to be null and void, unenforceable and in conflict

with the public policy of this state.
Okla. Stat. tit. 8, § 8-16 — OK Code / Title 8 / Section 8-16
Trustees' or directors' powers and duties - Accounts -
Status: in_force

Regulations - Payment of debts - Application of lot sale proceeds.

Duties of trustees or directors. The trustees or directors

shall have the direction and control of the cemetery and other

property of the corporation and shall have such other powers and

Oklahoma Statutes - Title 8. Cemeteries Page 7

duties not inconsistent with the provisions of this article as the

trustees or directors of other corporations not for profit under the

law of the State of Oklahoma. They shall require a strict

accounting to be kept of all monies received and expended on behalf

of said corporation, look after and manage the affairs and fiscal

concerns thereof, and see that all proper regulations are made for

the proper conduct, maintenance and improvement of said cemetery,

and shall also see that the debts and obligations of said

corporation are paid as fast as the fifty percent of the gross

proceeds of sales of lots, as provided by law, will permit, and

shall also see that the other fifty percent of such proceeds are

strictly applied to the maintenance, preservation, care and

improvement of said cemetery, including the payment of the salary of

the superintendent, and such other help as he may require.
Okla. Stat. tit. 8, § 8-88.1 — OK Code / Title 8 / Section 8-88.1
Receipt of bodies by State Anatomical Board
Status: in_force

It is hereby required that after the body has been received by

the State Anatomical Board that it shall be required that said

Anatomical Board shall hold and preserve the body for a period of

not less than thirty (30) days from the date of death.
Okla. Stat. tit. 8, § 8-226 — OK Code / Title 8 / Section 8-226
Depositions, witnesses and evidence
Status: in_force

(a) In any proceeding arising under this act, any member of the

Board, or any interested party, may take depositions as in civil

proceedings and the Board may, on its own motion, and shall, upon

request of any interested party, subpoena witnesses or documentary

evidence, administer oaths, and examine under oath any individual

relative to any hearing or investigation under this act. The

subpoena may be served anywhere in the state and the service thereof

shall not be limited to the county wherein the Board is located.

(b) The subpoena shall have the same force and effect and shall

be served in the same manner as if issued from a court of record.

(c) Witness fees and mileage, if claimed, shall be allowed the

same as for testimony in a court of record. Witness fees and

mileage shall be paid by the Board, or by the person who requests

the hearing.

(d) If any person fails to obey the subpoena, or obeys the

subpoena but refuses to testify when required, the Board shall file

a written report thereof and proof of service of the subpoena with

the clerk of the district court in the county where the person

resides or may be. Thereupon, the court shall forthwith cause the

person to be brought before the court to show cause why he should

not be punished the same as if he had failed or refused to obey a

subpoena from or give testimony in such court.
Okla. Stat. tit. 8, § 8-36 — OK Code / Title 8 / Section 8-36
Refusal of interment because of race, color or national
Status: in_force

origin prohibited.

It shall be unlawful for any person, group of persons, firm,

corporation, organization, association or any other entity of any

type to deny, refuse or prohibit the interment, entombment or burial

of the remains of any deceased person in any cemetery, whether owned

publicly or privately, because of the race, color or national origin

of such deceased person.
Okla. Stat. tit. 8, § 8-225 — OK Code / Title 8 / Section 8-225
Solicitors deemed agents of association
Status: in_force

Any person who shall solicit and shall procure an application

for a burial agreement shall, in all matters relating to such

application and the agreement issued in consequence thereof, be

regarded as the agent of the burial association issuing the

agreement and not the agent of the applicant or member.
Okla. Stat. tit. 8, § 8-222 — OK Code / Title 8 / Section 8-222
Revocation or refusal to renew agent's license
Status: in_force

(a) The Board may revoke or refuse to renew any burial agent

license, if, after a hearing held, the Board finds:

(1) That the agent has obtained or attempted to obtain any

burial agent license through willful misrepresentation or fraud.

(2) That the agent has materially misrepresented the terms,

conditions, benefits or effect of any burial agreement, or the

financial condition or manner of doing business of any burial

association.

(3) That the agent has been convicted, by final judgment, of a

felony.

(4) That the agent has misappropriated or withheld from a burial

association or burial agent any money or property received or

collected by him for such burial association or burial agent.

(5) Any cause for which issuance the burial agent license could

have been refused had it then existed and had been known to the

Board.

(6) That the agent has willfully violated any provisions of this

act.

(b) The holder of any burial agent license which has been

revoked or renewal refused for cause by the Board, or cancelled by a

burial association, shall surrender the same and the last renewal

receipt to the Board upon receiving notice of revocation or refusal

or cancellation.

(c) The Board, may, if it finds that extenuating and mitigating

circumstances exist, issue an order suspending its order of refusal

Oklahoma Statutes - Title 8. Cemeteries Page 27

to renew, or revocation of, any burial agent license and placing the

agent on probation under such conditions and for such period of time

as it deems necessary. In the event the agent violates or fails to

comply with the conditions of the probation the Board shall, after

notice to the agent and a summary hearing, have the authority to

cancel the probation and to revoke the burial agent licenses held by

the agent.

(d) No person shall be issued a burial agent license for a

period of three (3) years after the Board has issued an order

revoking or refusing to renew such person's burial agent license.
Okla. Stat. tit. 8, § 8-221 — OK Code / Title 8 / Section 8-221
Issuance of agent's licenses on association's application -
Status: in_force

Fee - Renewals.

(a) Every burial association desiring to appoint a person as its

agent shall apply to the Board, upon a requisition form prescribed

by the Board, for a burial agent license for said person. The

requisition of the burial association shall be accompanied by a

burial agent license fee of Ten Dollars ($10.00) for such agent.

(b) If the person designated by the association has qualified to

hold a burial agent license, the Board shall issue a burial agent

license to such person. The burial agent license issued by the

Board shall be in the form prescribed by the Board, provided the

same may be of a continuous form, and shall recite that the agent is

authorized to engage in the business as a burial agent for said

burial association. Every burial agent license shall expire on the

following June 30th, unless sooner renewed.

Oklahoma Statutes - Title 8. Cemeteries Page 26

(c) Prior to the 30th day of June of each year every burial

association shall file with the Board, upon a requisition form, an

alphabetical list of all its agents whose burial agent licenses it

desires to renew and at the same time pay to the Board a renewal

license fee of Ten Dollars ($10.00) for each agent.

(d) Upon the renewal of each burial agent license the Board

shall prepare, issue and forward a renewal receipt to the

association which shall forward the same to the agent. The renewal

receipt shall evidence the renewal of the burial agent license and

shall at all times be in the custody of the agent. Every burial

agent license for which there has been filed a renewal requisition

and license fee paid prior to its expiration date, shall continue in

force and effect until a renewal receipt has been issued or the

agent and the association have received notice from the Board that

it has specifically refused to renew the burial agent license as

hereinafter provided.

(e) The burial agent license fee shall be paid by the

association making the requisition and such association shall not,

directly or indirectly, charge the same to the agent.
Okla. Stat. tit. 8, § 8-202 — OK Code / Title 8 / Section 8-202
Definitions
Status: in_force

The following terms as used in this act are defined as follows:

1. "Burial association" or "association" when used without

limitation or qualification, shall mean an association, whether

incorporated or nonincorporated, licensed pursuant to this act or

which is otherwise subject to the provisions of this act; and

Oklahoma Statutes - Title 8. Cemeteries Page 17

2. "Board" shall mean the Oklahoma State Board of Embalmers and

Funeral Directors.
Okla. Stat. tit. 8, § 8-3.1 — OK Code / Title 8 / Section 8-3.1
Definitions
Status: in_force

As used in Sections 1 through 37 of Title 8 of the Oklahoma

Statutes:

1. “Lot” means a tract of land or space used to inter one

deceased individual; and

2. “Plot” means a tract of land made up of more than one burial

lot.
Okla. Stat. tit. 8, § 8-231 — OK Code / Title 8 / Section 8-231
Violations of act - Punishment
Status: in_force

Any corporation, association, or director, trustee, officer,

employee, agent or representative thereof, or any other person, who

willfully violates any provisions of this act shall be guilty of a

misdemeanor and shall be subject to a fine of not less than Fifty

Dollars ($50.00) and not more than Five Hundred Dollars ($500.00)

for each offense.
Okla. Stat. tit. 8, § 8-212 — OK Code / Title 8 / Section 8-212
Misrepresentations
Status: in_force

No association and no director, trustee, officer, agent,

employee, solicitor, or other representative thereof, or any other

person, shall make, issue, circulate, or cause or permit to be made,

issued, or circulated, a statement of any sort misrepresenting the

terms, conditions or character of any agreement issued by it or the

benefits or advantages promised thereby.
Okla. Stat. tit. 8, § 8-208 — OK Code / Title 8 / Section 8-208
Burial agreements
Status: in_force

(a) Any burial association may issue a burial agreement

containing burial benefits not exceeding twice the burial benefits

provided in the Articles of Agreement as specified in Section 5 of

this act, by charging and levying twice the membership fee and

assessments specified therein.

(b) No burial association licensed pursuant to the provisions of

this act shall issue more than one burial agreement providing a Two

Hundred Dollar ($200.00) benefit or more than two burial agreements

each providing a One Hundred Dollar ($100.00) benefit covering a

family, or any member thereof; nor issue a burial agreement covering

Oklahoma Statutes - Title 8. Cemeteries Page 21

a family, or any member thereof, who are covered by a burial

agreement issued by another burial association and the application

form prescribed by the Board shall contain an interrogatory as to

whether the family, or any member thereof, is so covered by such an

agreement; provided, however, nothing in this act shall prohibit,

and any burial association is hereby authorized, to issue an

agreement to a family for the purpose of replacing an agreement

theretofore issued by another burial association, and provided

further such in lieu agreement shall at least provide the same

benefits and coverage to the family as the agreement replaced.

(c) In the event of the death of a person who is covered by more

than one agreement issued by one burial association the

association's liability shall be limited to the providing of a

burial benefit equal to twice the benefit specified in the Articles

of Agreement as provided in Section 5 of this act, regardless of the

number of burial agreements issued by the said burial association

and covering such person, and the burial association is hereby

prohibited from providing a burial benefit in excess thereof. In

the event of the death of a person who is covered by more than one

agreement issued by more than one burial association the agreement

holder shall elect as to which association he shall make claim for

the burial benefit; the association which is not so elected shall

have no liability to provide the burial benefit and is hereby

prohibited from providing any burial benefit.
Okla. Stat. tit. 8, § 8-11 — OK Code / Title 8 / Section 8-11
Rights of lot owners in old grounds
Status: in_force

When grounds purchased or otherwise acquired for cemetery

purposes have been previously used as a burial ground, those who are

lot owners at the time of the purchase continue to own the same and

are members of the corporation, as hereinafter provided, with all

the privileges the purchase of a corporation confers.
Okla. Stat. tit. 8, § 8-229 — OK Code / Title 8 / Section 8-229
Rules and regulations
Status: in_force

The Board may make and promulgate written rules and regulations

reasonable, necessary and incidental to the enforcement and

administration of the provisions of this act.
Okla. Stat. tit. 8, § 8-211 — OK Code / Title 8 / Section 8-211
Inspections and examinations - Costs
Status: in_force

Whenever the Board deems it necessary or advisable, and at least

once in each year, it shall examine, through its authorized

representative each burial association and thoroughly inspect and

examine its financial condition, whether it has complied with the

provisions of the law and any other facts relative to its business

methods, management, and the equity of its dealings with its members

and claimants. The Board or its authorized representative may

subpoena and administer the oath to and examine witnesses, the

directors, officers, trustees, agents, representatives, and members

of any association and any other person, relative to its affairs,

transactions and conditions. The cost of any examination exceeding

four (4) hours in duration made pursuant to the provisions of this

section shall be the responsibility of the examined burial

assocation. Provided, however, no such cost paid by the examined

burial association shall exceed five percent (5%) of the total

income of said burial association or Two Hundred and Fifty Dollars

($250.00) whichever is greater.
Okla. Stat. tit. 8, § 8-142 — OK Code / Title 8 / Section 8-142
Partial invalidity
Status: in_force

If any provision of this act or application thereof to any

person, property or circumstance is held invalid such invalidity

shall not affect other provisions or applications of this act which

can be given effect without the invalid provision or application,

and to this end the provisions of this act are declared to be

severable.
Okla. Stat. tit. 8, § 8-203.1 — OK Code / Title 8 / Section 8-203.1
State Burial Board abolished - Transfer of duties and
Status: in_force

authority to State Board of Embalmers and Funeral Directors.

A. The State Burial Board is hereby abolished. All powers,

duties, responsibilities, property, personnel, assets, liabilities,

fund balances, encumbrances and obligations of the State Burial

Board are hereby transferred to the State Board of Embalmers and

Funeral Directors. All references made in the Oklahoma Statutes to

the State Burial Board shall mean the State Board of Embalmers and

Funeral Directors.

B. The Oklahoma State Board of Embalmers and Funeral Directors

is hereby vested with the duty and authority of enforcing and

administering the provisions of Section 201 et seq. of this title.
Okla. Stat. tit. 8, § 8-143 — OK Code / Title 8 / Section 8-143
Maintenance and improvement of certain cemeteries by county
Status: in_force

commissioners.

In any county of this state, the board of county commissioners

is hereby authorized and empowered to utilize employees under its

jurisdiction and county-owned tools, machinery, equipment, and

materials for the purposes of opening and closing graves and

maintaining and improving any publicly owned cemetery or other

cemetery within the county not owned and maintained by an individual

or private organization; provided that, where appropriate, a

reasonable fee, not to exceed the actual cost of the service, may be

charged for such services.
Okla. Stat. tit. 8, § 8-188 — OK Code / Title 8 / Section 8-188
Unused burial sites – Reversion to cemetery
Status: in_force

A. After a period of seventy-five (75) years since the last

recorded activity on a burial space, as defined by the Perpetual

Care Fund Act, and after a reasonable search for heirs and

beneficiaries, an unused burial site shall be abandoned and the

right of ownership in the burial site shall revert to the private or

public cemetery, after the cemetery has met the requirements of this

section.

B. 1. A reasonable search for heirs and beneficiaries pursuant

to this section shall include:

a. sending a certified letter of notice by the entity

responsible for the cemetery to the last-known address

of the record property owner; however, if no address

is available, then no letter shall be required, and

b. publishing a copy of the description of the abandoned

burial space in a newspaper qualified to publish

public notices pursuant to Section 106 of Title 25 of

the Oklahoma Statutes in the county of the last-known

address of the record owner for three (3) weeks;

however, if no address is available, then publication

shall take place in the county where the burial space

is located.

2. If no person proves ownership of the burial space within one

(1) year after the publication, the burial space shall be deemed

abandoned for purposes of this section.

C. Any person with a legitimate claim to a burial space that

has been deemed abandoned pursuant to this section and has been used

or sold by the private or public cemetery shall have the claim

settled by receiving an equal burial space in an equivalent location

as the burial space that reverted to the private or public cemetery.
Okla. Stat. tit. 8, § 8-17 — OK Code / Title 8 / Section 8-17
Investment of surplus funds - Tax exemption - Preservation
Status: in_force

of properties and funds.

Any surplus funds which said corporation may have in its

treasury shall be invested by the board of directors in some

perfectly secure real estate or securities, all of which shall be

exempt from taxation, as is the property of other public

corporations, and the board of directors shall exercise the best of

care in the preservation of said properties and funds and the

accumulation thereof, to the end that provisions may be made for the

perpetual maintenance of said cemetery and the improvement,

embellishing, beautifying and taking care thereof, for which

purposes all of the funds of said corporation, after the payment of

its debts, shall at all times be subject, to be applied.
Okla. Stat. tit. 8, § 8-228 — OK Code / Title 8 / Section 8-228
Foreign associations or corporations
Status: in_force

No burial association or corporation which is organized or

incorporated under the laws of another state shall be licensed to do

business in this state under the provisions of this Act.
Okla. Stat. tit. 8, § 8-2 — OK Code / Title 8 / Section 8-2
Fraternal and church cemeteries
Status: in_force

Oklahoma Statutes - Title 8. Cemeteries Page 3

Any cemetery organized or controlled by any fraternal

organization or church society or congregation shall be managed and

controlled as provided by its rules and bylaws.
Okla. Stat. tit. 8, § 8-187 — OK Code / Title 8 / Section 8-187
Abandoned cemetery on privately owned land - Visitation
Status: in_force

rights.

Any relative of the deceased who wishes to visit an abandoned

cemetery which is completely surrounded by privately owned land, for

which no public ingress or egress is available, shall have the right

to reasonable ingress or egress for the purpose of visiting such

cemetery. This right of access to such cemeteries extends only to

visitation during reasonable hours and only for purposes usually

associated with cemetery visits. For the purposes of this section,

"abandoned cemetery" means any place where human skeletal remains

are buried and which no body has been interred for at least twenty-

five (25) years and where such site is readily identifiable as a

cemetery by an inspection of the property. Any relative of the

deceased who wishes to visit an abandoned cemetery shall make a good

faith effort to notify the owners and tenants, if any, of said

property prior to visiting the cemetery. This section shall not be

interpreted to allow the creation of an easement or claim of

Oklahoma Statutes - Title 8. Cemeteries Page 16

easement nor a right of ownership or claim of right of ownership to

an abandoned cemetery.
Okla. Stat. tit. 8, § 8-8 — OK Code / Title 8 / Section 8-8
Appropriation of net proceeds from lot sales
Status: in_force

The proceeds arising from the sale of lots, after deducting all

expenses of purchasing, inclosing, laying out and improving the

ground, and of erecting buildings, shall be exclusively applied,

appropriated and used in protecting, preserving, improving and

embellishing the cemetery and its appurtenances, and to paying the

necessary expenses of the corporation and must not be appropriated

to any purpose of profit to the corporation or its members.
Okla. Stat. tit. 8, § 8-213 — OK Code / Title 8 / Section 8-213
Discrimination
Status: in_force

Discrimination between members of the same class in the amount

of assessments, dues, and fees charged for or on any agreement, or

in any benefits payable thereon, or in any of the terms or

conditions of such agreement, or in any manner whatsoever is

prohibited. This Act shall not prohibit different assessments,

dues, fees or benefits for individuals insured under different plans

at different times. No association and no director, trustee,

officer, agent, employee, solicitor or other representative thereof

shall pay, allow or give, or offer to pay, allow or give directly or

indirectly, as an inducement to insure any rebate of the assessment,

dues or fees payable on the agreement, or any special favor or

advantage in the benefits to accrue thereon not specified in the

agreement or any paid employment contract for services of any kind

or any valuable consideration or inducement whatever; provided

however, nothing herein shall prohibit a burial association or any

agent thereof in connection with the sale of an agreement from

Oklahoma Statutes - Title 8. Cemeteries Page 23

truthfully advertising or stating the advantages of a funeral

service rendered by a designated funeral home.
Okla. Stat. tit. 8, § 8-181 — OK Code / Title 8 / Section 8-181
Declaration of policy
Status: in_force

The people of the state have a vital interest in the

establishment of cemeteries and the maintenance, preservation and

Oklahoma Statutes - Title 8. Cemeteries Page 12

operation thereof. To protect the citizens of the state, to promote

the public welfare and public health thereof, and to prevent and

guard against cemeteries from hereafter becoming a burden upon the

community and the taxpayers of the state, the following provisions

are enacted in the exercise of the police power of the state.
Okla. Stat. tit. 8, § 8-12 — OK Code / Title 8 / Section 8-12
Election of officers - Votes and eligibility of lot owners -
Status: in_force

Control by original corporators or successors.

At each subsequent election of officers of any such corporation,

held after the first annual election, the owner or owners of a lot

in the cemetery, and none other, shall be entitled to one vote at

such election, or for any other purpose, and no more than one vote;

and shall, by virtue of such proprietorship, be a member of the

corporation, and eligible to any of its offices; but if there be

more than one proprietor of any such lot, then such one of the

proprietors as the majority of them shall designate may cast the one

vote as aforesaid; and each trustee or director shall be the sole

proprietor of a lot in such cemetery: Provided, that whenever less

than five (5) persons reside within five miles of any cemetery own

lots therein, the original corporators or their successors may

control and manage said cemetery.
Okla. Stat. tit. 8, § 8-144 — OK Code / Title 8 / Section 8-144
Acceptance and use of monies and other items
Status: in_force

Oklahoma Statutes - Title 8. Cemeteries Page 11

The board of county commissioners is hereby authorized and

empowered to accept and use monies and other items of value from

private and governmental sources for the purposes of opening and

closing graves and maintaining and improving said cemeteries in

carrying out the intent and purposes of this act.
Okla. Stat. tit. 8, § 8-214 — OK Code / Title 8 / Section 8-214
Annual report - Annual license fee
Status: in_force

Every burial association doing business in the State of Oklahoma

under the provisions of Sections 201 et seq. of this title shall,

annually, on or before the last day of June, report under oath of

the president and secretary of said association to the Oklahoma

State Board of Embalmers and Funeral Directors, the total income,

less refunds, received by the association from its member during the

preceding calendar year and shall at the same time pay to the Board

an annual license fee equal to one percent (1%) of the said total

income, less refunds, as a condition precedent to the issuance of

the annual license, or the renewal of said license, to the

association. The Board may, if it deems that the Oklahoma State

Board of Embalmers and Funeral Directors Administration and

Enforcement Fund is or will be insufficient to meet the expenses of

the new license year, increase the annual license fee to an amount

not exceeding four percent (4%) of said total income. Any burial

association failing to make such returns and payments promptly and

correctly shall forfeit and pay to the Board in addition to said

fees, the sum of Two Hundred Fifty Dollars ($250.00). In the event

any such burial association so fails or neglects to make returns or

payments within sixty (60) days, the Board shall notify the burial

association and its agents that they have no authority to do

business in the state and the Board shall request the Attorney

General to proceed to collect said fees and penalties and interest

thereon, by an action at law.
Okla. Stat. tit. 8, § 8-205 — OK Code / Title 8 / Section 8-205
Exemption from insurance laws - Operating expenses and
Status: in_force

Oklahoma Statutes - Title 8. Cemeteries Page 2trust fund - Mutual character - Members - Articles of agreement -

Fees and assessments.

Oklahoma Statutes - Title 8. Cemeteries Page 18

That all burial associations now operating or that may be

hereafter organized, as incorporated or nonincorporated

associations, which are nonprofit sharing in their operations and

pay no fees or salaries to any of their officers and have no capital

stock and which comply with the provisions of this act shall be

exempt from the operations and the effect of the insurance laws of

the State of Oklahoma; and shall not be required to comply with the

insurance laws of the said state; provided, that all monies

collected by said associations shall be accounted for; provided

further that not more than twenty-five percent (25%) of said funds

are to be used for operating expenses, and not less than seventy-

five percent (75%) of the funds so collected is to be held as a

trust fund for the benefit of the members.

Associations licensed under this act shall be mutual

associations and every person who applies for and holds a burial

agreement shall be a member of the association, in accordance with

the bylaws of the association and shall be entitled to one vote, and

such members may vote in person or by proxy. Burial associations

are hereby declared to be charitable and benevolent associations.

The following shall be the Uniform Article of Agreement between

burial associations and their members.

ARTICLES OF AGREEMENT

Article 1. In consideration of One Dollar ($1.00) Membership

fee and assessments of fifty cents ($0.50) per month, or Five

Dollars ($5.00) for twelve (12) assessments if paid in advance, we

agree to furnish the following protection for an entire family who

live at home, and are solely dependent upon the head of the house.

This protection also covers school students. All applicants must be

in good health at the time of application for membership. Upon

marriage of any of the children, they are automatically dropped from

this certificate.

Article 2. All assessments are due on the first day of each

month and carry fifteen (15) days grace, becoming delinquent on

midnight of the fifteenth. Any certificate which has lapsed on

account of failure to pay an assessment, may be reinstated by paying

a fifty-cent assessment, provided that if any member of the family

is sick at the time of such reinstatement benefits will not be

reinstated on such sick person until his recovery.

Article 3. All persons between the ages of seven (7) and

seventy (70) at the time of application for membership are entitled

to One Hundred Dollars ($100.00) burial benefits; all children under

the age of seven (7) are entitled to Fifty Dollars ($50.00) burial

benefits; upon reaching the age of seven (7), children are

automatically entitled to One Hundred Dollars ($100.00) burial

benefits; applicants who join after they have reached the age of

seventy (70) are entitled to Fifty Dollars ($50.00) burial benefits.

Stillborn babies are entitled to Twenty-five Dollars ($25.00) burial

Oklahoma Statutes - Title 8. Cemeteries Page 19

benefits. In the event a baby is born into the family, the name may

be placed on the certificate at no additional charge.

Article 4. All benefits are for service and merchandise only

and must be furnished by the association. Said association will not

be responsible for any debts incurred by the death of any member of

this association.

Article 5. In the event death occurs beyond the distance of

fifty (50) miles, the burial association being duly notified, may,

in lieu of the above complete service, deliver to the express office

for shipment, merchandise in the value as specified in this

certificate, or mail Sixty Dollars ($60.00) to the policy holder.

All express charges shall be paid by the certificate holder.

Provided further that the Oklahoma State Board of Embalmers and

Funeral Directors shall draft a uniform application for membership

which shall be used by all burial associations operating in the

State of Oklahoma, or which may be hereafter organized, said

application for membership shall have printed across the face in red

ink the following language: "This is not an application for life

insurance." Said Board shall also provide for uniform membership

fees, dues and/or assessments; the membership fee of One Dollar

($1.00) shall be the assessment for the first month in which the

agreement is issued, provided the remaining dues or assessments to

be not less than fifty cents ($0.50) on a monthly basis, provided,

however, that twelve (12) assessments may be paid in advance for

Five Dollars ($5.00) and, provided further that if the funds on hand

in the trust fund are equal to fifty cents ($0.50) for each

certificate in force a monthly assessment may be passed until such

time as the funds in the trust are less than fifty cents ($0.50) for

each certificate in force. Provided that any association now in

existence charging a less sum may continue to service all

certificates now in effect at existing rates specified in the

certificates; and certificates which lapse, and all new certificates

must be written at the uniform rate set up by this act. No burial

association licensed pursuant to the provisions of this act shall

have the authority to levy any assessment on its members other than

the assessment expressly provided for in the Uniform Article of

Agreement. All certificates of membership issued by said

associations shall have printed across the face of said certificate

the following language: "This is not a certificate of life

insurance."
Okla. Stat. tit. 8, § 8-14 — OK Code / Title 8 / Section 8-14
Trustees or directors - Regular meetings - Election of
Status: in_force

officers - Appropriation of lot sale proceeds - Special meetings.

Meetings of board of directors. The board of trustees or

directors of such corporation shall hold a regular meeting without

notice immediately following the annual meeting of the members on

the first Tuesday in July of each and every year, at which meeting

it shall elect a president, a vice-president, a secretary, a

treasurer, and shall ascertain the amount received from the sale of

lots during the six (6) months immediately preceding such meeting

and enter the same in a book to be kept for that purpose, and shall

set aside by proper resolution not less than one-half (1/2) of such

receipts for the purposes set forth in section 387 and shall

transact such other business as may come before the meeting. Special

meetings may be held at any time upon call of the president or a

majority of the trustees or directors and upon written notice,

mailed to each member of the board at least five (5) days before the

meeting or upon written consent of all the members of the board.
Okla. Stat. tit. 8, § 8-31 — OK Code / Title 8 / Section 8-31
Conveyance to Board of County Commissioners - Conveyance to
Status: reserved

corporation when formed.

The owner of land, any part of which has been used for human

burial and no cemetery corporation, including the same, has been

formed, as is now provided by law, to which title can be made, may

convey or devise any designated part or the whole of such land,

together with roads and rights of way for the ingress and egress of

Oklahoma Statutes - Title 8. Cemeteries Page 8

the public and persons interested, to the Board of County

Commissioners of the County in which such land is situated, in

trust, for the use of the local community for cemetery purposes, and

when any cemetery corporation has been formed for any such land so

held in trust, the Board of County Commissioners shall, without

charge or fee, convey the said land and such right of way and road,

if any has been reserved, to such cemetery corporation.
Okla. Stat. tit. 8, § 8-206 — OK Code / Title 8 / Section 8-206
Investment of trust funds
Status: in_force

No burial association shall invest its trust funds except in

bonds and securities which are the direct obligations of the United

States or in cash deposits in regularly established national or

state banks.

Oklahoma Statutes - Title 8. Cemeteries Page 20
Okla. Stat. tit. 8, § 8-230.1 — OK Code / Title 8 / Section 8-230.1
Dissolution of burial association
Status: in_force

A. At a meeting of the burial association held in accordance

with the bylaws of such association, the burial association may vote

to dissolve the association.

B. Upon the affirmative order of the burial association, the

burial association shall be deemed dissolved. The board of

directors of the burial association shall file notice of such

dissolution with the Secretary of State.

C. All debts, liabilities and obligations of the association

shall be paid and discharged upon the dissolution of the burial

association. The association shall issue a certificate of guarantee

for the full amount of the policy to each beneficiary. The

certificate of guarantee may be redeemed for goods and services only

at the time the death of the beneficiary occurs and shall not be

redeemed for cash.

D. Upon filing with the Secretary of State of notice of

dissolution, the association shall cease to carry on its business

except insofar as may be necessary for the winding up thereof.

E. Each member of the burial association shall be notified of

the dissolution of the association.

F. The Oklahoma State Board of Embalmers and Funeral Directors

shall be provided notice within ten (10) days of the dissolution of

any association. A list of all members who have been provided

certificates of guarantee shall be provided to the Oklahoma State

Board of Embalmers and Funeral Directors and will be maintained in

the records of the Oklahoma State Board of Embalmers and Funeral

Directors.

G. Upon request of notice of dissolution and compliance with

the provisions of this section, the Secretary of State shall issue a

certificate of dissolution for the association.
Okla. Stat. tit. 8, § 8-218 — OK Code / Title 8 / Section 8-218
Burial agents, who are
Status: in_force

Any person, who for a consideration solicits, negotiates, or

effects, or offers to solicit, negotiate, or effect, any burial

agreement in this state for or on behalf of any burial association

shall be a burial agent within the intent of this Act, and shall

become subject to all the duties, requirements, obligations,

liabilities and penalties imposed by this Act.
Okla. Stat. tit. 8, § 8-7 — OK Code / Title 8 / Section 8-7
Exemptions
Status: in_force

All the property of every such benevolent corporation, and the

lots sold by it to individual proprietors, shall be exempt from

taxation, assessment, lien, attachment, and from levy and sale upon

execution; and all such real property shall be exempt from

appropriation for streets, roads, or any other public uses or

purposes.
Okla. Stat. tit. 8, § 8-1a — OK Code / Title 8 / Section 8-1a
Burial charges - Failure to pay
Status: in_force

Every cemetery in this state shall have the power to establish

and impose reasonable charges for the burial of persons in the

cemetery, unless prohibited by law. Failure to pay such charges

shall be a misdemeanor and upon conviction be punishable by a fine

of not less than Two Hundred Fifty Dollars ($250.00) nor more than

Five Hundred Dollars ($500.00). The provisions of this section

shall not authorize a cemetery other than those cemeteries owned,

maintained or operated by municipalities in this state to impose

additional charges not specifically authorized by written contract

upon any person for burial if said cemetery has already sold the

cemetery lot where such burial is to occur.
Okla. Stat. tit. 8, § 8-210 — OK Code / Title 8 / Section 8-210
Reimbursement of trust fund
Status: in_force

The Board shall have the authority, after a hearing held, to

issue an order directing the officers of an association to reimburse

the trust fund for any withdrawal therefrom when the Board finds

that the officers have wrongfully paid a claim or have otherwise

wrongfully disbursed funds from the trust fund.
Okla. Stat. tit. 8, § 8-6 — OK Code / Title 8 / Section 8-6
Lots - Inalienability - Descent - Release of interests
Status: in_force

Whenever an interment is made in any lot as defined in Section 1

of this act, while any person is buried on that lot, that individual

lot becomes forever inalienable, and descends in regular line of

succession to the heirs at law of the owner, but any one or more of

such heirs may release to any other of said heirs his or her

interests in the same, and any other joint owners may release to

each other in like manner.

R.L. 1910, § 385. Amended by Laws 2008, c. 47, § 3, eff. Nov. 1,

2008.
Okla. Stat. tit. 8, § 8-9 — OK Code / Title 8 / Section 8-9
Retention of portion of proceeds by benevolent, religious and
Status: in_force

charitable institutions.

Benevolent, religious and charitable institutions which own,

maintain and operate cemeteries under the laws of this state shall

be permitted to retain ten percent (10%) of the gross proceeds of

all lots sold by such an institution for the purpose of interment;

and any sum so retained may be used by it in any manner which may

further its legitimate objects.
Okla. Stat. tit. 8, § 8-209 — OK Code / Title 8 / Section 8-209
Treasurer's bond
Status: in_force

The treasurer of every burial association, who shall be the

custodian of the funds of the association, shall file with the

Oklahoma State Board of Embalmers and Funeral Directors a bond, in

the form prescribed by the Board, running in the favor of the State

of Oklahoma, executed by an insurance company authorized to do

business in this state, and to be conditioned that the trust fund of

the association will be held and administered in accordance with the

provisions of this act, which bond shall at all times be equal to,

or in excess of, the trust fund but which in no event shall be in an

amount less than One Thousand Dollars ($1,000.00).
Okla. Stat. tit. 8, § 8-316 — OK Code / Title 8 / Section 8-316
Renumbered as Title 36, § 7135 by Laws 2010, c. 58, § 52,
Status: in_force

eff. July 1, 2010.

Oklahoma Statutes - Title 8. Cemeteries Page 33
Okla. Stat. tit. 8, § 8-184 — OK Code / Title 8 / Section 8-184
Penalty
Status: in_force

Any person who wilfully violates any provision of this act shall

be guilty of a misdemeanor and shall be subject to a fine of not

less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars

Oklahoma Statutes - Title 8. Cemeteries Page 15

($500.00), or by imprisonment in the county jail for a term not

exceeding six (6) months, or both such fine and imprisonment for

each offense.
Okla. Stat. tit. 8, § 8-207 — OK Code / Title 8 / Section 8-207
Licenses
Status: in_force

(a) No burial association shall transact any business until the

Board has issued a formal license authorizing it to do so, which

license shall not issue until it is satisfied that the association

has complied with the provisions of this act. Licenses issued to

such association shall authorize the association to do business in

this state until the last day of June following the date of issuance

of the license, and the license may be renewed by the Board annually

thereafter, unless sooner suspended, revoked, or renewal refused;

provided, however, that any license shall continue in full force and

effect until a new license be issued or specifically refused.

(b) The Board shall not suspend, revoke, or refuse to renew a

license issued to any burial association unless, after a hearing

held, it finds that one of the grounds specified in Section 15 of

this act exists as to such association. Before the Board shall

suspend, revoke, or refuse to issue or renew any license it shall

issue a show cause order to such association stating specifically,

the nature of the alleged violations, and fixing a time and place,

at least ten (10) days thereafter, when a hearing of the matter

shall be held. After such hearing, or upon failure of the

association to make an appearance, the Board shall render its

findings, decision and order in writing. After the Board has

rendered its findings, decision and order, any party aggrieved may

appeal within twenty (20) days to the district court of Oklahoma

county by filing with the clerk of said court a petition in error

together with a certified copy of the proceedings of the Board in

such matter. If the appeal is from an order of the Board, such

order shall not take effect during the pendency of the appeal unless

the court shall determine otherwise. The court may review all the

facts and in disposing of any issue before it, may modify, affirm or

reverse any finding, decision or order of the Board, in whole or in

part.
Okla. Stat. tit. 8, § 8-204 — OK Code / Title 8 / Section 8-204
State Burial Board Administration and Enforcement Fund
Status: in_force

abolished - Transfer of funds.

A. There is hereby created a fund to be known as the "State

Burial Board Administration and Enforcement Fund," and all fees

received by the Board under the provisions of this act shall be paid

to the Board and shall by it be deposited to the credit of such

Fund. The Board shall have the authority to employ and fix the

compensation of personnel necessary for the administration of this

Act, and to incur and pay such expenses as are deemed necessary by

the Board for such purpose. Such compensation and expenses shall be

disbursed from the State Burial Board Administration and Enforcement

Fund upon vouchers drawn and approved by the Board.

B. The State Burial Board Administration and Enforcement Fund,

created pursuant to subsection A of this section, is hereby

abolished. On July 1, 1992, any unencumbered funds remaining in the

State Burial Board Administration and Enforcement Fund shall be

transferred to the credit of the Fund of the State Board of Funeral

Directors and Embalmers, created pursuant to Section 396.14 of Title

59 of the Oklahoma Statutes. Any unexpended funds remaining in the

State Burial Board Administration and Enforcement Fund after

November 15, 1992, shall be transferred to the credit of the Fund of

the State Board of Funeral Directors and Embalmers.
Okla. Stat. tit. 8, § 8-182 — OK Code / Title 8 / Section 8-182
Acquisition of existing cemeteries - Written reports -
Status: in_force

Hearings - Determination - Exceptions.

(a) Any corporation, association, individual, partnership,

trust, or any other organization however constituted which after the

effective date of this act locates or establishes a cemetery,

providing a grave, vault, columbarium, public mausoleum or other

receptacle for the burial of dead human remains, in any county of

the state, shall be subject to the provisions of this act.

(b) No corporation, association, individual, partnership, trust

or any other organization however constituted, shall after the

effective date of this act purchase or acquire, directly or

indirectly, any interest in or the control of an existing cemetery

or property which has been used as a burial ground in any county of

this state, for the purpose of engaging in the business of the

ownership, establishment, maintenance or operation of a cemetery,

providing a grave, vault, columbarium, public mausoleum or other

receptacle for the burial of dead human remains, unless and until a

written report thereof is made to the board of county commissioners

wherein the cemetery or burial ground is located, and an approval

order is issued by the board to such organization prior to such

purchase or acquisition. The written report shall be made and

subscribed to by the interested parties, and shall be in such form

and detail as the board shall prescribe and require. In the event

the board finds, after the written report is made and a hearing held

thereon, that the proposed purchase or acquisition and the

consummation thereof will result in an evasion or avoidance of this

act in that the organization proposing to so purchase or acquire

intends to substantially change or alter the method or plan of

operation of the cemetery or burial ground, which is hereby declared

to constitute the location and establishment of cemetery after the

effective date of this act, then and in that event the board shall

issue an order disapproving the proposed purchase or acquisition,

and it shall be unlawful for such purchase or acquisition, to be

thereafter consummated unless and until such organization applies

for and is issued a certificate of authority as provided by Section

3 of this act. In the event the board finds, after the written

report is made and a hearing held thereon, that the proposed

purchase or acquisition and the consummation thereof will not result

in an evasion or avoidance of this act as hereinbefore provided,

then and in that event the board shall issue an order approving the

Oklahoma Statutes - Title 8. Cemeteries Page 13

proposed purchase or acquisition and such organization shall not be

required to apply for and be issued a certificate of authority as

provided by Section 3 of this act. This subsection shall not apply

to or affect the inheritance of any interest in or the control of a

cemetery, mausoleum or burial ground.

(c) The provisions of this act shall not apply to a municipal,

religious, fraternal, rural community, township, state, county and

nonprofit corporate cemeteries and free community burial grounds

which are subject to and regulated by Chapters 1, 2, 3, and 5 of

Title 8, Oklahoma Statutes 1951; nor to cemeteries operated by

charitable and eleemosynary institutions.

(d) The provisions of this act shall not apply to or affect the

purchase or acquisition by an existing cemetery of additional real

property which is immediately adjacent and adjoining to such

cemetery nor to the construction of a mausoleum or columbarium on

the real property of a cemetery.
Okla. Stat. tit. 8, § 8-5 — OK Code / Title 8 / Section 8-5
Powers
Status: in_force

Such corporation has power to inclose, improve and embellish its

grounds, avenues and walks, and to erect buildings or vaults for its

use, and to prescribe in its bylaws, rules for the sale, inclosure

and ornamentation of lots and for erecting monuments or gravestones

thereon; and to prohibit any use, division, improvement or

ornamentation of any lot which the corporation may deem improper;

Oklahoma Statutes - Title 8. Cemeteries Page 4

and to make other bylaws and acts to the end that all the appliances

and conveniences and benefits of a public and private cemetery may

be obtained and secured.
Okla. Stat. tit. 8, § 8-201 — OK Code / Title 8 / Section 8-201
Short title of Act
Status: in_force

This Act shall be known and cited as "The Burial Association

Act."
Okla. Stat. tit. 8, § 8-223 — OK Code / Title 8 / Section 8-223
Procedure for revocation or refusal to renew agent's
Status: in_force

license.

A hearing before the Board for the purpose of revoking or

refusing to renew a burial agent license shall be had only upon a

sworn complaint signed by a complainant, or a show cause order

issued by the Board, after a copy thereof has been served on the

agent and the burial associations for which the agent is licensed or

which have made requisition for such agent.

(1) The sworn complaint and the show cause order shall be

concise and definite in such a manner so as to apprise the agent of

the nature of the charge.

(2) The agent and the interested burial associations shall be

served at least ten (10) days prior to the date of the hearing.

(3) Formal rules of procedure or evidence need not be observed

by the Board in the conduct of the hearing.

(4) At the expense of and at the written request seasonably made

by an interested party, the Board shall cause a full stenographic

record of the proceedings to be made by a competent stenographic

reporter, and if transcribed such record shall be made a part of the

Board's record of the hearing.

(5) The Board at the conclusion of the hearing shall make its

written findings, decision and order, and a copy thereof shall be

served on all interested parties.

(6) Any party aggrieved by any findings, decision or order of

the Board, may appeal within twenty (20) days after receipt of the

findings, decision and order to the district court of Oklahoma

County by filing with the clerk of said court a petition for review

of such findings, decision and order, together with a certified copy

of the proceedings of the Board. The court shall determine whether

the appeal shall operate as a stay of the order of the Board. The

court may review all the facts and, in disposing of any issue before

it, may affirm, modify, or reverse the findings, decision or order

of the Board in whole or in part.
Okla. Stat. tit. 8, § 8-186 — OK Code / Title 8 / Section 8-186
Ingress to and egress from certain cemeteries
Status: in_force

Any cemetery in this state consisting of ten or more grave

spaces, lots, crypts or niches, including but not limited to,

locations on property held in fee title, by leasehold, estate or

easement by the state, any county, municipality, district, religious

or fraternal organization, corporation, nonprofit corporation,

partnership, association, individual or trust or charitable or

eleemosynary institution, shall be allowed sufficient ingress to and

egress from such cemetery by allowing the establishment of streets,

roads or other public rights-of-way for such purpose. Such entity

shall further allow sufficient ingress to and egress from any grave

space, lot, crypt or niche within the cemetery by allowing

sufficient access to any portion of the cemetery for such purpose.
Okla. Stat. tit. 8, § 8-227 — OK Code / Title 8 / Section 8-227
Application of law to existing associations
Status: in_force

Oklahoma Statutes - Title 8. Cemeteries Page 29

(a) The provisions of this Act shall apply to every burial

association, corporation, partnership or person now engaged in the

business of burial insurance or that hereafter engages in the

business of burial insurance, which have not been issued a license

to do business in the State by the Insurance Commissioner or the

State Fraternal Board.

(b) Every such burial association doing business in this state

on the operative date of this Act shall within thirty (30) days

thereafter comply with the provisions of this Act as a condition

precedent to the continuation of doing business in this state.
Okla. Stat. tit. 8, § 8-215 — OK Code / Title 8 / Section 8-215
Injunction against continuation of business
Status: in_force

If the Board is of the opinion upon examination or from other

evidence, that any burial association:

(1) is in an insolvent condition in that it fails and is unable

to provide any burial benefit in accordance with the terms and

conditions of its burial agreement, or

(2) has not complied with its articles of incorporation or

agreement or the provisions of the law applicable to such

association, or

(3) is not maintaining its trust fund according to the

provisions of this act, or

(4) that its condition or management is such as to render its

further proceedings or transaction of business hazardous to the

public, or its members, or to its creditors, or

Oklahoma Statutes - Title 8. Cemeteries Page 24

(5) that its treatment and dealings with its members and

claimants are not equitable or just, or

(6) has not complied with, or has violated, a written rule or

regulation or order promulgated or issued by the Board, it shall

apply to the district court of Oklahoma County, through the Attorney

General of the state, for an injunction restraining the burial

association, in whole or in part, from further proceeding with its

business. The court may issue an injunction forthwith and may,

after notice to the association, and hearing held, make the

injunction perpetual, and make all orders and decrees needful in the

premises, and may appoint a person designated by the Board to act

for and in its behalf as receiver to take possession of the property

and effects of the association and to settle its affairs, subject to

such rules and orders as the court from time to time may prescribe.
Okla. Stat. tit. 8, § 8-18 — OK Code / Title 8 / Section 8-18
Violation of provisions - Penalties
Status: in_force

Any person, firm or corporation violating any of the provisions

of this Article, shall be deemed guilty of a misdemeanor, and shall,

upon conviction, be fined not less than Twenty-five nor more than

One Hundred Dollars ($100.00), and not less than thirty (30) days

nor more than six (6) months in jail.
Okla. Stat. tit. 8, § 8-185 — OK Code / Title 8 / Section 8-185
Conveyance of county lands for cemetery purposes
Status: in_force

The board of county commissioners may, without fee or charge,

transfer and convey any land owned by the county, which at the time

of conveyance is being used for cemetery purposes, or is situated

adjacent to a tract of land being used for cemetery purposes, to any

cemetery association, previously existing or formed for the purpose

of taking such lands, said conveyance to be made and land to be used

exclusively for purposes of human burial.
Okla. Stat. tit. 8, § 8-230 — OK Code / Title 8 / Section 8-230
Effective date - Exemption of certain existing associations
Status: in_force

- Bond of Treasurer.

The operative date of this Act shall be June 1, 1953. Provided

that the provisions of this Act shall not apply to an association

which has been issuing the individual certificate, and individual

certificate only, prior to January 1, 1943, and which organization

was organized pursuant to the provisions of Section 10453, Oklahoma

Statutes, 1931, and any such association now operating, which is

nonprofit-sharing in its operation and pays no fees or salaries to

any of their officers and have no capital stock and provides a

burial out-fit and burial, the total value of which shall not exceed

Two Hundred Dollars ($200.00) to those entitled thereto under the

said certificate, and which associations do not make an assessment

against their members until and unless the fund on hand derived from

membership fees or assessments in the treasury of said association

would only pay for the burial of six adults entitled to a burial by

said association, shall be exempt from the operations and effect of

the Insurance Laws of the State of Oklahoma, and shall not be

required to comply with the Insurance laws of said state; provided

that the money collected by such association or associations shall

be held as a trust fund for the benefit of the beneficiaries and

that at least seventy-five percent (75%) of the membership fees

collected from the memberships shall be accounted for and paid into

Oklahoma Statutes - Title 8. Cemeteries Page 30

this fund, and that all of any future assessments or memberships

shall be paid into this fund.

That the treasurer of said association be required to file with

the court clerk of the county in which the association is organized

a surety bond running in the name of "The State of Oklahoma;" said

bond to be approved by the court clerk of said county, and to be

conditioned that the funds of the association will be held and

applied as a trust fund to be paid out only in accordance with the

purposes of the association, which bond shall at all times equal the

amount of the trust fund on hand in such association, and in no

event to be less than Two Thousand Dollars ($2,000.00).
Okla. Stat. tit. 8, § 8-88 — OK Code / Title 8 / Section 8-88
Disposition of bodies of deceased inmates or patients of
Status: in_force

state institutions.

Oklahoma Statutes - Title 8. Cemeteries Page 9

A. The superintendents or wardens of state correctional

facilities, of state hospitals and of state institutions are hereby

authorized and directed to remove the bodies of the deceased inmates

or patients from such facilities and institutions, that are not

claimed for private burial by friends or relatives thereof within

ninety-six (96) hours after the death, and the superintendent or

warden of such facility or institution shall notify the friends or

relatives of the deceased inmate or patient by registered mail of

the death of the deceased inmate or patient at the last known place

of residence, if known, in accordance with state law and agency

rules.

B. When the State Anatomical Board rejects the body of a

deceased inmate or patient, the superintendent or warden of that

facility or institution shall have the rejected body buried in lands

of that facility or institution set aside for such purpose, or in

such place authorized by law or agency rule. Provided, that the

expenses of such burials shall be paid from the support and

maintenance appropriation or any other appropriation made for the

operating expenses of the facility or institution.
Okla. Stat. tit. 8, § 8-10 — OK Code / Title 8 / Section 8-10
Payment of debts and obligations
Status: in_force

Oklahoma Statutes - Title 8. Cemeteries Page 5

Debts must be paid. At least fifty percent (50%) of the gross

proceeds of sales of blocks, lots, plots, or graves must be applied

as often as every six (6) months to the payment of the debts and

obligations of such corporation as long as such debts and

obligations exist.

R.L. 1910, § 388. Amended by Laws 1915, c. 261, § 3; Laws 2008, c.

47, § 4, eff. Nov. 1, 2008.